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-SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU
-ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
-AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY
-DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE
-AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON
-AT THE BOTTOM OF THIS PAGE.
-
-
-Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification")
-
-
-Version: 1.3
-
-
-Status: Final Release
-
-
-Release: 7 April 2006
-
-
-Copyright 2006 SUN MICROSYSTEMS, INC.
-
-4150 Network Circle, Santa Clara, California 95054, U.S.A
-
-All rights reserved.
-
-
-LIMITED LICENSE GRANTS
-
-
-1. License for Evaluation Purposes. Sun hereby grants you a fully-paid,
-non-exclusive, non-transferable, worldwide, limited license (without the right
-to sublicense), under Sun's applicable intellectual property rights to view,
-download, use and reproduce the Specification only for the purpose of internal
-evaluation. This includes (i) developing applications intended to run on an
-implementation of the Specification, provided that such applications do not
-themselves implement any portion(s) of the Specification, and (ii) discussing
-the Specification with any third party; and (iii) excerpting brief portions of
-the Specification in oral or written communications which discuss the
-Specification provided that such excerpts do not in the aggregate constitute a
-significant portion of the Specification.
-
-
-2. License for the Distribution of Compliant Implementations. Sun also grants
-you a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up,
-royalty free, limited license (without the right to sublicense) under any
-applicable copyrights or, subject to the provisions of subsection 4 below,
-patent rights it may have covering the Specification to create and/or distribute
-an Independent Implementation of the Specification that: (a) fully implements
-the Specification including all its required interfaces and functionality; (b)
-does not modify, subset, superset or otherwise extend the Licensor Name Space,
-or include any public or protected packages, classes, Java interfaces, fields or
-methods within the Licensor Name Space other than those required/authorized by
-the Specification or Specifications being implemented; and (c) passes the
-Technology Compatibility Kit (including satisfying the requirements of the
-applicable TCK Users Guide) for such Specification ("Compliant Implementation").
-In addition, the foregoing license is expressly conditioned on your not acting
-outside its scope. No license is granted hereunder for any other purpose
-(including, for example, modifying the Specification, other than to the extent
-of your fair use rights, or distributing the Specification to third parties).
-Also, no right, title, or interest in or to any trademarks, service marks, or
-trade names of Sun or Sun's licensors, Sun or the Sun's licensors is granted
-hereunder. Java, and Java-related logos, marks and names are trademarks or
-registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
-
-
-3. Pass-through Conditions. You need not include limitations (a)-(c) from the
-previous paragraph or any other particular "pass through" requirements in any
-license You grant concerning the use of your Independent Implementation or
-products derived from it. However, except with respect to Independent
-Implementations (and products derived from them) that satisfy limitations
-(a)-(c) from the previous paragraph, You may neither: (a) grant or otherwise
-pass through to your licensees any licenses under Sun's applicable intellectual
-property rights; nor (b) authorize your licensees to make any claims concerning
-their implementation's compliance with the Spec in question.
-
-
-4. Reciprocity Concerning Patent Licenses.
-
-
-a. With respect to any patent claims covered by the license granted under
-subparagraph 2 above that would be infringed by all technically feasible
-implementations of the Specification, such license is conditioned upon your
-offering on fair, reasonable and non-discriminatory terms, to any party seeking
-it from You, a perpetual, non-exclusive, non-transferable, worldwide license
-under Your patent rights which are or would be infringed by all technically
-feasible implementations of the Specification to develop, distribute and use a
-Compliant Implementation.
-
-
-b With respect to any patent claims owned by Sun and covered by the license
-granted under subparagraph 2, whether or not their infringement can be avoided
-in a technically feasible manner when implementing the Specification, such
-license shall terminate with respect to such claims if You initiate a claim
-against Sun that it has, in the course of performing its responsibilities as the
-Specification Lead, induced any other entity to infringe Your patent rights.
-
-
-c Also with respect to any patent claims owned by Sun and covered by the license
-granted under subparagraph, where the infringement of such claims can be avoided
-in a technically feasible manner when implementing the Specification such
-license, with respect to such claims, shall terminate if You initiate a claim
-against Sun that its making, having made, using, offering to sell, selling or
-importing a Compliant Implementation infringes Your patent rights.
-
-
-5. Definitions. For the purposes of this Agreement: "Independent Implementation"
-shall mean an implementation of the Specification that neither derives from any
-of Sun's source code or binary code materials nor, except with an appropriate
-and separate license from Sun, includes any of Sun's source code or binary code
-materials; "Licensor Name Space" shall mean 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; and
-"Technology Compatibility Kit" or "TCK" shall mean the test suite and
-accompanying TCK User's Guide provided by Sun which corresponds to the
-Specification and that was available either (i) from Sun 120 days before the
-first release of Your Independent Implementation that allows its use for
-commercial purposes, or (ii) more recently than 120 days from such release but
-against which You elect to test Your implementation of the Specification.
-
-
-This Agreement will terminate immediately without notice from Sun if you breach
-the Agreement or act outside the scope of the licenses granted above.
-
-
-DISCLAIMER OF WARRANTIES
-
-
-THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
-WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
-OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
-(INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE
-SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
-PURPOSE. This document does not represent any commitment to release or implement
-any portion of the Specification in any product. In addition, the Specification
-could include technical inaccuracies or typographical errors.
-
-
-LIMITATION OF LIABILITY
-
-
-TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
-LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR
-DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
-HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
-RELATED IN ANY WAY TO YOUR HAVING, IMPLEMENTING OR OTHERWISE USING THE
-SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES.
-
-You will indemnify, hold harmless, and defend Sun and its licensors from any
-claims arising or resulting from: (i) your use of the Specification; (ii) the
-use or distribution of your Java application, applet and/or implementation;
-and/or (iii) any claims that later versions or releases of any Specification
-furnished to you are incompatible with the Specification provided to you under
-this license.
-
-
-RESTRICTED RIGHTS LEGEND
-
-
-U.S. Government: If this Specification is being acquired by or on behalf of the
-U.S. Government or by a U.S. Government prime contractor or subcontractor (at
-any tier), then the Government's rights in the Software and accompanying
-documentation shall be only as set forth in this license; this is in accordance
-with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
-acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
-
-
-REPORT
-
-
-If you provide Sun with any comments or suggestions concerning the Specification
-("Feedback"), you hereby: (i) agree that such Feedback is provided on a
-non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual,
-non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to
-sublicense through multiple levels of sublicensees, to incorporate, disclose,
-and use without limitation the Feedback for any purpose.
-
-
-GENERAL TERMS
-
-
-Any action related to this Agreement will be governed by California law and
-controlling U.S. federal law. The U.N. Convention for the International Sale of
-Goods and the choice of law rules of any jurisdiction will not apply.
-
-
-The Specification is subject to U.S. export control laws and may be subject to
-export or import regulations in other countries. Licensee agrees to comply
-strictly with all such laws and regulations and acknowledges that it has the
-responsibility to obtain such licenses to export, re-export or import as may be
-required after delivery to Licensee.
-
-
-This Agreement is the parties' entire agreement relating to its subject matter.
-It supersedes all prior or contemporaneous oral or written communications,
-proposals, conditions, representations and warranties and prevails over any
-conflicting or additional terms of any quote, order, acknowledgment, or other
-communication between the parties relating to its subject matter during the term
-of this Agreement. No modification to this Agreement will be binding, unless in
-writing and signed by an authorized representative of each party.
-
-
-
-
-Rev. January, 2006
-
-Sun/Final/Full