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
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Specification: JSR-000250 Common Annot
ations for the
Java(tm) Platform ("Specification")
Version: 1.0
Status: Final Release
Release: 19 April 2006
Copyright 2006 SUN MICROSYSTEMS, INC.
4150 Network Circle, Santa Clara, California 95054, <
br>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 sub
license), 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
impl
ementation 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 th
e 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 Compl
iant
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<
br>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 re
quired 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 suc
h
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, modifyin
g 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 lice
nsors 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
wi
th 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 a
pplicable intellectual property
rights; nor (b)
authorize your licensees to make any claims concerning
their
implementation's compliance with the Specification in
question.
4. _Reciprocity Concerning Patent Licenses_.
<
br>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<
br>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 2 above, where t
he
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 Na
me 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 re
cognized 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
release but against which You elect to test Your
implem
entation 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
TH
E 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, ARISI
NG 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 de
fend 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
versi
ons 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 o
n 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 i
s 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 su
ggestions
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, ir
revocable
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 Agr
eement 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 subjec
t 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
s
uch 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 writ
ten
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. April, 2006
Sun/Final/Full