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diff --git a/licenses/sun-jdl b/licenses/sun-jdl deleted file mode 100644 index 86b11716d..000000000 --- a/licenses/sun-jdl +++ /dev/null @@ -1,332 +0,0 @@ -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: _____________________________________ |