| SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU |
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| Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification") |
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| Version: 1.3 |
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| Status: Final Release |
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| Release: 7 April 2006 |
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| Copyright 2006 SUN MICROSYSTEMS, INC. |
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| 4150 Network Circle, Santa Clara, California 95054, U.S.A |
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| All rights reserved. |
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| LIMITED LICENSE GRANTS |
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| 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. |
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| 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 |
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| 3. Pass-through Conditions. You need not include limitations (a)-(c) from the |
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| products derived from it. However, except with respect to Independent |
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| (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. |
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| 4. Reciprocity Concerning Patent Licenses. |
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| 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. |
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| 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. |
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| 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. |
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| 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 |
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| 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. |
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| This Agreement will terminate immediately without notice from Sun if you breach |
| the Agreement or act outside the scope of the licenses granted above. |
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| DISCLAIMER OF WARRANTIES |
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| 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. |
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| LIMITATION OF LIABILITY |
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| 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 |
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| POSSIBILITY OF SUCH DAMAGES. |
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| 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. |
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| RESTRICTED RIGHTS LEGEND |
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| 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). |
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| REPORT |
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| 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. |
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| GENERAL TERMS |
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| 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. |
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| 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. |
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| This Agreement is the parties' entire agreement relating to its subject matter. |
| It supersedes all prior or contemporaneous oral or written communications, |
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| conflicting or additional terms of any quote, order, acknowledgment, or other |
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| of this Agreement. No modification to this Agreement will be binding, unless in |
| writing and signed by an authorized representative of each party. |
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| Rev. January, 2006 |
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| Sun/Final/Full |