| 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: _____________________________________ |