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diff --git a/licenses/sun-jdl b/licenses/sun-jdl new file mode 100644 index 000000000..86b11716d --- /dev/null +++ b/licenses/sun-jdl @@ -0,0 +1,332 @@ +JAVA DISTRIBUTION LICENSE (VER. 1.0) +Java 3D + +I. LICENSE GRANTS, TERMS AND RESTRICTIONS + +1.0 General License Terms. This Java Distribution License ("JDL") is +between Sun Microsystems, Inc. ("Sun") and You where "You" means the +individual or legal entity exercising rights under this +JDL. "Technology" means the following as provided under this JDL: (i) +the source code and binary code from the Reference Implementation +("RI") of the Java 3DTM version 1.3 Specification (the +"Specification") and related documentation, all as revised or upgraded +and made available hereunder; and (ii) the associated technology +compatibility kit ("TCK"). The TCK contains the TCK documentation, +user's guide ("TCK User's Guide"), test tools and test suite +associated with the Specification, as revised or upgraded by Sun. The +TCK is provided so that You may determine if Your implementation is +compliant with the Specification. "Modifications" means any (i) change +or addition to or derivative of the Technology; or (ii) new source or +object code implementing the Specification for the +Technology. "Commercial Use" means: (i) Your use of the RI and/or +Modifications as part of a Compatible Implementation within Your +business or organization, but only by Your employees or agents; and/or +(ii) any use or distribution, directly or indirectly by You of the RI +and/or Modifications as part of a Compatible Implementation to any +third party, alone or bundled with any other software or hardware, for +direct or indirect commercial or strategic gain or advantage. By Your +use or distribution of the Technology and Modifications, You agree to +the terms of this JDL. + +2.0 License Grants, Restrictions and Termination. + +2.1 Commercial Use and Internal Deployment License Grants. Subject to +the terms of this JDL, Sun grants to You, to the extent of Sun's +licensable copyrights, patents and trade secrets in the RI, a limited, +non-exclusive, non-transferable, worldwide and royalty-free license to +modify, compile, reproduce, distribute, internally use and internally +deploy code and related documentation from the RI and/or Modifications +for Commercial Use, but only as part of Your own Compatible +Implementation (as defined below), and only if You make such +distributions as follows: + +(i) Source Code. You can only distribute source code for the RI and +Modifications under all of the following conditions: (a) You make such +distribution under the terms of this JDL; (b) without offering or +imposing any different terms; (c) to a receipient who has accepted the +terms of this JDL; and (d) You provide a copy of this JDL to each such +receipient; + +(ii) Binary Code. You can distribute binary code for the RI and +Modifications but only under license terms which (a) have been +accepted by the receipient; (b) are consistent, and not conflicting, +with the terms of the JDL; and (c) where such terms are no less +protective of Sun than the terms of this JDL. + +2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to +You, to the extent of Sun's licensable copyrights, patents and trade +secrets in the TCK, a limited, non-exclusive, non-transferable, +worldwide and royalty-free license to internally use the TCK for the +sole purpose of developing and testing Your Compatible Implementations +(as defined below). + +2.2.1 TCK Master Support Agreement. If you desire support for the TCK, +You may execute a separate TCK master support with Sun as described on +the Technology Site or on such other URL as Sun may designate from +time to time. + +2.2.2 TCK Use Terms. Your TCK license grant hereunder is expressly +conditioned upon your continued adherance to the following +restrictions: + +(i) You may not sublicense or distribute the TCK to any third party +except for any specific TCK code files identified as redistributables +in the TCK User's Guide ("Redistributables"), but only: (a) as part of +a TCK Adaptor accompanying a Compatible Implementation (where a "TCK +Adaptor" means a program that effects interoperability between the TCK +and the Compatible Implementation); and (b) pursuant to a license +agreement that protects Sun's interests consistent with the terms of +the JDL; + +(ii) You may not create derivative works of the TCK nor of any of its +components except for the Redistributables in a TCK Adaptor; + +(iii) You may not disassemble or decompile binary portions of the +TCK's test suites or test tools or otherwise attempt to derive the +source code from such binary portions; + +(iv) You may not develop other test suites intended to validate +compatibility with the Specification to which the TCK licensed +hereunder corresponds; + +(v) You may not use the TCK to test a third party's product; + +(vi) You may not make Commercial Use of code which implements any +portion of the Specification unless such code is included in a +Compatible Implementation; + +(vii) You may disclose Test Reports (where "Test Reports" means those +reports generated by the TCK which identify only configuration +information and the status of individual or aggregate test executions) +for an implementation which You are attempting to certified in +accordance with the terms of this JDL for the sole purpose of making +Your implementation a Compatible Implementation, but you may not make +any claims of comparative compatibility nor disclose any other TCK +testing information to any party. For example, You cannot claim that +Your implementation is "nearly compatible" or "98% compatible." When +You share Test Reports in any public forum, including mailing lists, +marketing material or press releases, and Your implementation is not a +Compatible Implementation, You must state that Your implementation is +"not compatible;" and + +(viii) You will protect the TCK as confidential information of Sun +and, except as expressly authorized herein, You may not disclose the +TCK to any third party. This obligation of confidentiality with +respect to the TCK will survive any termination or expiration of this +JDL. + +2.3 Term and Termination. This JDL shall have an initial term of two +(2) years after your acceptance of this JDL and shall thereafter +automatically renew for additional one year terms unless either party +provides notice to the other party sixty (60) days prior to an +anniversary date. The license grants of this JDL, are expressly +conditioned upon Your not acting outside their scope, and Your +continued compliance with the material provisions of this JDL. All +license grants under this JDL will automatically and immediately be +revoked without notice if You fail to so comply. Upon termination or +expiration of this JDL, You must discontinue all use and distribution +of the Technology and any Compatible Implementation licensed under +this JDL. All sublicenses You have properly granted hereunder shall +survive termination or expiration of Your rights under the +JDL. Provisions which should, by their nature, remain in effect after +termination or expiration shall survive, including, without +limitation, the provisions of Article II (General Terms) and the TCK +confidentiality obligations under this JDL. + +2.4 General License Restrictions. Some portions of the Technology are +provided with notices and/or open source or other licenses from other +parties which govern the use of those portions. Your use or +distribution of encryption technology contained within the Technlogy +is subject to all applicable governmental regulations of the United +States of America and the country where the Technology is +deployed. You agree to comply with the U.S. export controls and trade +laws of other countries that apply to the Technology and Compatible +Implementations. You acknowledge that the Technology is not designed, +licensed or intended for use in the design, construction, operation or +maintenance of any nuclear facility. Other than the rights granted +herein, Sun retains all rights, title, and interest in the Technlogy. + +3.0 Compatibility and Use of the TCK. + +3.1 Compatible Implementation TCK Requirements. Your use of the RI +and/or Modifications as part of an implementation of the Specification +is a "Compatible Implementation" if the implementation meets the +following requirements: + +3.1.1 A Compatible Implementation must comply with the full +Specification, including all its required interfaces and +functionality; + +3.1.2 A Compatible Implementation must either: (i) pass the most +current compatibility requirements (as defined by the TCK User's +Guide) which were made available by Sun one hundred twenty (120) days +before first commercial shipment ("FCS") of each version of the +Compatible Implementation (eg. if Your FCS was December 31, 2003, You +must have passed the most current version of the TCK as of September +2, 2003); or (ii) at Your option, pass all the compatibility +requirements of a newer version of the TCK and its associated TCK +User's Guide; + +3.1.3 A Compatible Implementation may not modify the functional +behavior of the "Java Classes" which means the specific class +libraries associated with the Technology; and + +3.1.4 A Compatible Implementation may not modify, subset, superset or +otherwise extend the Licensor Name Space, nor include any public or +protected packages, classes, Java interfaces, fields or methods within +the Licensor Name Space other than those required and/or authorized by +the Specification. "Licensor Name Space" means the public class or +interface declarations whose names begin with "java", "javax", +"com.sun" or their equivalents in any subsequent naming convention +adopted by Sun through the Java Community Process, or any recognized +successors or replacements thereof. + +3.2 Self-Certification for Compatibility. You shall self-certify that +Your Compatible Implementation passes the applicable TCK as set forth +above, if and when Your Compatible Implementation in fact does so, +provided that: + +3.2.1 If Sun policy also requires verification of compatibility for +Your Compatible Implementation then You shall, prior to the FCS of the +Compatible Implementation, submit verification of compatibility to Sun +or to an independent test facility designated by Sun. If such +verification is by an independent test facility, then the reasonable +costs of such activity (including any applicable fees) shall be at +Your expense. Sun may publish or otherwise disclose Your test results. + +3.2.2 Upon thirty (30) days written notice by Sun, and no more than +two (2) times per calendar year, You shall permit Sun or its +authorized representative to inspect and test any Compatible +Implementation which has been self-certified per this subsection 3.2 +to ensure that such Compatible Implementation meets the compatibility +and other requirements for a Compatible Implementation as set forth +herein. The reasonable costs of such inspection shall be at Sun's +expense; provided, however, that You shall reimburse Sun for such +costs if the inspection reveals that the Compatible Implementation +does not meet such requirements and these deficiencies are not cured +within thirty (30) days. + +4.0 Fees and Royalties. There are no fees or royalites associated with +the license grants for the Technology licensed under this JDL. + +II. GENERAL TERMS + +5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS +IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR +STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE +TECHNOLOGY AND/OR MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT +FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU +AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND +DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND/OR MODIFICATIONS ARE UNDER +THIS JDL. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED +WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU + +6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole +discretion, upon any action initiated by You alleging that the use or +distribution of the Technology and/or Modifications by Sun, or any +other licensee of the Technology and/or Modifications, infringes a +patent owned or controlled by You. In addition, if any portion of, or +functionality implemented by, the Technology becomes the subject of a +claim or threatened claim of infringement ("Affected Materials"), Sun +may, at its sole option, (i) attempt to procure the rights necessary +for You to continue using the Affected Materials, (ii) modify the +Affected Materials so that they are no longer infringing, or (iii) +immediately suspend Your rights to use and distribute the Affected +Materials under this JDL by posting of notice of suspension on the +Technology Site, and refund toYou the amount, if any, having then +actually been paid by You to Sun under this JDL, on a straight line, +five year basis . + +7.0 Limitation of Liability. Sun will be not be liable for any claims +relating to, or arising out of, this JDL, whether in tort, contract or +otherwise, in an amount in excess of any annual license fees You paid +to Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY +INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN +CONNECTION WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT +LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY +SORT), HOWEVER IT ARISES AND UNDER ANY THEORY OF LIABILITY (including +negligence), REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE +POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL +SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE +ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE, +SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON +WHATSOEVER CANNOT BE DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER +ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH +DAMAGES, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTALLY PAID BY +YOU FOR THE TECHNOLOGY OR FIVE HUNDRED US DOLLARS, WHICHEVER IS +GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION +OF INCIDENTALS OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND +LIMITATION MAY NOT APPLY TO YOU. + +8.0 Support. Sun does not provide any support for the Technology or +the TCK to either You or Your customers under this JDL. Support for +the TCK is provided under a separate TCK master support agreement. If +You desire support for the RI, You may contact Sun. You are solely +reponsible for providing all support to Your customers with respect to +the Technology, TCK, Modifications and/or Compatible Implementation. + +9.0 Marketing and Press Announcements. Your initial press announcement +concerning execution of this JDL must be reviewed and approved by Sun +prior to its release. You hereby authorizes Sun to include You in a +published list of licensees of the Technology. Sun shall also be +authorized to use Your name in advertising, marketing collateral, and +customer success stories prepared by or on behalf of Sun for the +Technology subject to Your prior approval, such approval not to be +unreasonably withheld or delayed. + +10.0 Notices. All notices required by this JDL must be in writing. Sun +shall deliver notice to You via either e-mail or by physical mail +based on the information You provided to Sun when you accepted this +JDL. Notices by You to Sun will be effective only upon receipt by Sun +at the following physical addresses: Sun Microsystems, Inc., 4150 +Network Circle, Santa Clara, California 95054, Attn.: Sun Software VP +of Sales, cc: General Counsel, cc: Product Law Legal Department or to +such different address as Sun provides on the Technology Site for such +purpose. + +11.0 Proprietary Rights Notices and Branding Requirements. There are +no specific branding requirements associated with the Technology under +this JDL. You may not remove any copyright notices, trademark notices +or other proprietary legends of Sun or its suppliers contained on or +in the Technology, including any notices of licenses for open source +components. You agree to comply with the Sun Trademark and Logo Usage +Requirements currently located at +http://www.sun.com/policies/trademarks. Except as provided in this +JDL, no right, title or interest to Sun's trademarks, brands or logos +is granted herein. + +12.0 U.S. Government End Users. The Technology and Modifications are a +"commercial item," as that term is defined in 48 C.F.R. 2.101 +(Oct. 1995), consisting of "commercial computer software" and +"commercial computer software documentation," as such terms are used +in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and +48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all +U.S. Government End Users acquire Technology and/or Modifications with +only those rights set forth herein. You agree to pass this notice to +Your licensees. + +13.0 Miscellaneous. This JDL is governed by the laws of the United +States and the State of California, as applied to contracts entered +into and performed in California between California residents. The +relationship created under this JDL is that of licensor and licensee +and does not create any other relationship such as a partnership, +franchise, joint venture, agency or employment relationship between +the parties. This JDL may not be assigned or transferred by either +party without the prior written consent of the other party, which +consent shall not be unreasonably withheld or delayed, except that Sun +may assign: (i) to an affiliated company, or (ii) in the event of a +merger, acquisition or sale of all or substantially all of the assets +of Sun. Any express waiver or failure to exercise promptly any right +under this Agreement will not create a continuing waiver nor any +expectation of non-enforcement. The disclaimer of warranties and +limitations of liability constitute an essential basis of the bargain +in this JDL. This JDL represents the complete agreement of the parties +concerning the subject matter hereof and may not be modified or +amended in whole or part, except by a written instrument signed by the +parties' authorized representatives. Nothing herein shall supersede or +modify the terms of any separate signed written license agreement You +may have executed with Sun regarding the Technology. + +YOU: By: ___________________________________ Name: ___________________________________ + + Title: __________________________________ Date: _____________________________________ |