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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
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