|
0
|
1 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.
|
|
|
2
|
|
|
3 Specification: JSR-000154 Java(TM) Servlet 2.5 Specification ("Specification")
|
|
|
4
|
|
|
5 Version: 2.5
|
|
|
6
|
|
|
7 Status: Maintenance Review
|
|
|
8
|
|
|
9 Release: August 11, 2005
|
|
|
10
|
|
|
11 Copyright 2005 SUN MICROSYSTEMS, INC.
|
|
|
12 All rights reserved.
|
|
|
13
|
|
|
14 LIMITED LICENSE GRANTS
|
|
|
15
|
|
|
16 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) 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 Technology.
|
|
|
17
|
|
|
18 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 ("Compli!
|
|
|
19 ant 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.
|
|
|
20
|
|
|
21 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.
|
|
|
22
|
|
|
23 4. Reciprocity Concerning Patent Licenses.
|
|
|
24
|
|
|
25 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.
|
|
|
26
|
|
|
27 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 Sun, induced any other entity to infringe Your patent rights.
|
|
|
28
|
|
|
29 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.
|
|
|
30
|
|
|
31 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's 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 r!
|
|
|
32 elease but against which You elect to test Your implementation of the Specification.
|
|
|
33
|
|
|
34 This Agreement will terminate immediately without notice from Sun if you breach the Agreement or act outside the scope of the licenses granted above.
|
|
|
35
|
|
|
36 DISCLAIMER OF WARRANTIES
|
|
|
37
|
|
|
38 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.
|
|
|
39
|
|
|
40 LIMITATION OF LIABILITY
|
|
|
41
|
|
|
42 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, IMPELEMENTING OR OTHERWISE USING USING THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
43 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.
|
|
|
44
|
|
|
45 RESTRICTED RIGHTS LEGEND
|
|
|
46
|
|
|
47 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).
|
|
|
48
|
|
|
49 REPORT
|
|
|
50
|
|
|
51 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.
|
|
|
52
|
|
|
53 GOVERNING LAW
|
|
|
54
|
|
|
55 Any action relating to or arising out of 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.
|
|
|
56
|
|
|
57
|
|
|
58
|
|
|
59
|
|
|
60
|
|
|
61 Rev. July 25 2005
|
|
|
62 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY FOR EVALUATION PURPOSES AND 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.
|
|
|
63
|
|
|
64 Specification: JSR-000154 Java(TM) Servlet Specification ("Specification")
|
|
|
65
|
|
|
66 Version: 2.5
|
|
|
67
|
|
|
68 Status: Maintenance Review
|
|
|
69
|
|
|
70 Release: August 11, 2005
|
|
|
71
|
|
|
72 Copyright 2005 SUN MICROSYSTEMS, INC.
|
|
|
73 All rights reserved.
|
|
|
74
|
|
|
75 LIMITED EVALUATION LICENSE
|
|
|
76
|
|
|
77 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) 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 Technology. No license of any kind is granted hereunder for any other purpose including, for example, creating and distributing implementations of the Specification, modifying the Specification (other than to the extent of your fair use rights), or distributing the Specification to third pa!
|
|
|
78 rties. 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. If you wish to create and distribute an implementation of the Specification, a license for that purpose is available at http://www.jcp.org. The foregoing license is expressly conditioned on your acting within its scope, and will terminate immediately without notice from Sun if you breach the Agreement or act outside the scope of the licenses granted above. Java, and Java-related logos, marks and names are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
|
|
|
79
|
|
|
80 DISCLAIMER OF WARRANTIES
|
|
|
81
|
|
|
82 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.
|
|
|
83
|
|
|
84 LIMITATION OF LIABILITY
|
|
|
85
|
|
|
86 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, RELATED IN ANY WAY TO YOUR HAVING OR USING THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
87
|
|
|
88 RESTRICTED RIGHTS LEGEND
|
|
|
89
|
|
|
90 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).
|
|
|
91
|
|
|
92 REPORT
|
|
|
93
|
|
|
94 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.
|
|
|
95
|
|
|
96 GOVERNING LAW
|
|
|
97
|
|
|
98 Any action relating to or arising out of 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.
|
|
|
99
|
|
|
100 Rev. July 25 2005
|
|
|
101 Java(tm) Servlet Specification ("Specification")
|
|
|
102 Version: 2.5
|
|
|
103 Status: FCS
|
|
|
104 Release: August 11, 2005
|
|
|
105 Copyright 2004 Sun Microsystems, Inc.
|
|
|
106 4150 Network Circle, Santa Clara, California 95054, U.S.A
|
|
|
107 All rights reserved.
|
|
|
108
|
|
|
109 IF YOU OBTAINED ACCESS TO THIS SPECIFICATION BY MEANS OF A LICENSE FROM SUN THAT STATED THE SPECIFICATION WAS PROVIDED TO YOU ONLY FOR EVALUATION PURPOSES, OR IF YOU OBTAINED ACCESS TO THIS SPECIFICATION BY OTHER MEANS BUT ONLY WISH TO USE THE SPECIFICATION FOR EVALUATION PURPOSES, THEN FOLLOWING PROVISIONS APPLY:
|
|
|
110
|
|
|
111 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY FOR EVALUATION PURPOSES AND ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS AND CON-DITIONS 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, MAKE NO FURTHER USE OF THE SPECIFICATION.
|
|
|
112
|
|
|
113 LIMITED EVALUATION LICENSE
|
|
|
114
|
|
|
115 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 Specifica-tion, and (ii) 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 Technology. No license of any kind is granted hereunder for any other purpose including, for example, creating and distributing implementations of the Specification, 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 is granted hereunder. If you wish to create and distribute an implementation of the Specification, a license for that purpose is available at http://jcp.org/aboutJava/communityprocess/maintenance/jsr154/index3.html. The foregoing license is expressly conditioned on your acting within its scope, and will terminate immediately without notice from Sun if you breach the Agreement or act outside the scope of the licenses granted above. Java, and Java-related logos, marks and names are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
|
|
|
116
|
|
|
117
|
|
|
118 DISCLAIMER OF WARRANTIES
|
|
|
119 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.
|
|
|
120 LIMITATION OF LIABILITY
|
|
|
121 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, RELATED IN ANY WAY TO YOUR HAVING OR USING THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
122 RESTRICTED RIGHTS LEGEND
|
|
|
123 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 Soft-ware 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).
|
|
|
124 REPORT
|
|
|
125 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 subli-cense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feed-back for any purpose.
|
|
|
126 IF YOU OBTAINED ACCESS TO THIS SPECIFICATION BY MEANS OF A LICENSE FROM SUN THAT AUTHORIZED YOU TO CREATE AND/OR DISTRIBUTE INDEPENDENT IMPLEMENTATIONS OF THE SPECIFICATION, OR IF YOU OBTAINED ACCESS TO THIS SPECIFICATION BY OTHER MEANS BUT WISH TO USE THE SPECIFICATION TO CREATE AND/OR DISTRIBUTE INDEPENDENT IMPLEMENTATIONS OF THE SPECIFICATION, THEN the FOLLOWING PROVISIONS APPLY:
|
|
|
127
|
|
|
128 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 CON-DITIONS 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, MAKE NO FURTHER USE OF THE SPECIFICATION.
|
|
|
129
|
|
|
130 LIMITED LICENSE GRANTS
|
|
|
131
|
|
|
132 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 developing applications intended to run on an implementation of the Specification provided that such applications do not themselves implement any portion(s) of the Specifica-tion.
|
|
|
133
|
|
|
134 2. License for the Distribution of Compliant Implementations. Sun also grants you a perpetual, non-exclu-sive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to subli-cense) 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 Speci-fication 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 Tech-nology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for such Specification ("Compliant Implementation"). In addition, the foregoing license is expressly condi-tioned on your not acting outside its scope. No license is granted hereunder for any other purpose (includ-ing, 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 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.
|
|
|
135
|
|
|
136 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 Indepen-dent Implementation or products derived from it. However, except with respect to Independent Implementa-tions (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 com-pliance with the Spec in question.
|
|
|
137
|
|
|
138 4. Reciprocity Concerning Patent Licenses.
|
|
|
139
|
|
|
140 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 condi-tioned 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.
|
|
|
141
|
|
|
142 b With respect to any patent claims owned by Sun and covered by the license granted under sub-paragraph 2, whether or not their infringement can be avoided in a technically feasible manner when imple-menting 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.
|
|
|
143
|
|
|
144 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.
|
|
|
145
|
|
|
146 5. Definitions. For the purposes of this Agreement: "Independent Implementation" shall mean an implemen-tation 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 "Technol-ogy 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.
|
|
|
147
|
|
|
148 This Agreement will terminate immediately without notice from Sun if you breach the Agreement or act outside the scope of the licenses granted above.
|
|
|
149
|
|
|
150 DISCLAIMER OF WARRANTIES
|
|
|
151 THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR WARRAN-TIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUD-ING 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.
|
|
|
152 LIMITATION OF LIABILITY
|
|
|
153 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 DAM-AGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR OTHERWISE USING USING THE SPEC-IFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
154 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.
|
|
|
155 RESTRICTED RIGHTS LEGEND
|
|
|
156 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 Soft-ware 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).
|
|
|
157 REPORT
|
|
|
158 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 subli-cense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feed-back for any purpose.
|
|
|
159
|
|
|
160
|
