bea.ri.jsr173

Streaming API for XML (JSR-173) Specification
Reference Implementation 
License Agreement

READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING THE SOFTWARE LICENSED 
HEREUNDER.  BY VIEWING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE 
ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE 
"ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY 
RETURN THE UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED HEREIN.

1.0  DEFINITIONS.
 
1.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code.

1.2. "Contributor" means BEA and each entity that creates or contributes to the creation of 
Modifications.

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original 
Code and Modifications, in each case including portions thereof and corresponding documentation 
released with the source code.

1.4. "Executable" means Covered Code in any form other than Source Code.

1.5. "FCS" means first commercial shipment of a product.

1.6. "Modifications" means any addition to or deletion from the substance or structure of either 
the Original Code or any previous Modifications. When Covered Code is released as a series of 
files, a Modification is:

(a)  Any addition to or deletion from the contents of a file containing Original Code or previous 
Modifications.

(b)  Any new file that contains any part of the Original Code or previous Modifications.

1.7. "Original Code" means Source Code of computer software code Reference Implementation.

1.8. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without 
limitation, method, process, and apparatus claims, in any patent for which the grantor has the 
right to grant a license.

1.9.  “Reference Implementation” means the prototype or “proof of concept” implementation 
of the Specification developed and made available for license by or on behalf of BEA.

1.10. "Source Code" means the preferred form of the Covered Code for making modifications to it, 
including all modules it contains, plus any associated documentation, interface definition files, 
scripts used to control compilation and installation of an Executable, or source code differential 
comparisons against either the Original Code or another well known, available Covered Code of the 
Contributor's choice. 

1.11.  “Specification” means the written specification for the Streaming API for XML , Java 
technology developed pursuant to the Java Community Process.
1.12. "Technology Compatibility Kit" or “TCK” means the documentation, testing tools and test 
suites associated with the Specification as may be revised by BEA from time to time, that is 
provided so that an implementer of the Specification may determine if its implementation is 
compliant with the Specification.

1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and 
complying with all of the terms of, this Agreement or a future version of this Agreement issued 
under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, 
or is under common control with You. For purposes of this definition, "control" means (a) the 
power, direct or indirect, to cause the direction or management of such entity, whether by contract 
or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or 
beneficial ownership of such entity.

2.0  SOURCE CODE LICENSE. 

2.1. Copyright Grant.  Subject to the terms of this Agreement, each Contributor hereby grants You a 
non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, 
publicly display, publicly perform, distribute and sublicense the Covered Code of such Contributor, 
if any, and such derivative works, in Source Code and Executable form.

2.2.  Patent Grant.  Subject to the terms of this Agreement, each Contributor hereby grants You a 
non-exclusive, worldwide, royalty-free patent license under the Patent Claims to make, use, sell, 
offer to sell, import and otherwise transfer the Covered Code prepared and provided by such 
Contributor, if any, in Source Code and Executable form. This patent license shall apply to the 
Covered Code if, at the time a Modification is added by the Contributor, such addition of the 
Modification causes such combination to be covered by the Patent Claims. The patent license shall 
not apply to any other combinations which include the Modification.

2.3.  Conditions to Grants.  You understand that although each Contributor grants the licenses to 
the Covered Code prepared by it, no assurances are provided by any Contributor that the Covered 
Code does not infringe the patent or other intellectual property rights of any other entity. Each 
Contributor disclaims any liability to You for claims brought by any other entity based on 
infringement of intellectual property rights or otherwise. As a condition to exercising the rights 
and licenses granted hereunder, You hereby assume sole responsibility to secure any other 
intellectual property rights needed, if any. For example, if a third party patent license is 
required to allow You to distribute Covered Code, it is Your responsibility to acquire that license 
before distributing such code.

2.4.  Contributors’ Representation.  Each Contributor represents that to its knowledge it has 
sufficient copyright rights in the Covered Code it provides , if any, to grant the copyright 
license set forth in this Agreement.

3.0  DISTRIBUION RESTRICTIONS.

3.1. Application of Agreement.

The Modifications which You create or to which You contribute are governed by the terms of this 
Agreement, including without limitation Section 2.0. The Source Code version of Covered Code may be 
distributed only under the terms of this Agreement or a future version of this Agreement released 
under Section 6.1, and You must include a copy of this Agreement with every copy of the Source Code 
You distribute. You may not offer or impose any terms on any Source Code version that alters or 
restricts the applicable version of this Agreement or the recipients' rights hereunder. However, 
You may include an additional document offering the additional rights described in Section 3.3.

3.2. Description of Modifications.

You must cause all Covered Code to which You contribute to contain a file documenting the changes 
You made to create that Covered Code and the date of any change. You must include a prominent 
statement that the Modification is derived, directly or indirectly, from Original Code provided by 
BEA and including the name of BEA in (a) the Source Code, and (b) in any notice in an Executable 
version or related documentation in which You describe the origin or ownership of the Covered Code.

3.3. Required Notices.

You must duplicate the following notice in each file of the Source Code:

“(c) 2002, 2003 BEA Systems, Inc.  All rights Reserved.  The contents of this file are subject to 
the BEA Streaming API for XML Specification Reference Implementation License Agreement (the 
“Agreement”); you may not use this file except in compliance with the Agreement. A copy of the 
Agreement is available at http://www.bea.com/”

If You created one or more Modification(s) You may add your name as a Contributor to the copyright 
portion of the notice above. You must also duplicate this Agreement in any documentation for the 
Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You 
may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations 
to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not 
on behalf of BEA or any other Contributor. You must make it absolutely clear than any such 
warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree 
to indemnify BEA and every other Contributor for any liability incurred by BEA or such other 
Contributor as a result of warranty, support, indemnity or liability terms You offer.

3.4. Distribution of Executable Versions.

You may choose to distribute Covered Code in Executable form under its own license agreement, 
provided that:

  	(a) You comply with the terms and conditions of this Agreement; and

(b) Your license agreement:  (i)  effectively disclaims on behalf of all Contributors all 
warranties and conditions, express and implied, including warranties or conditions of title and 
non-infringement, and implied warranties or conditions of merchantability and fitness for a 
particular purpose; (ii)  effectively excludes on behalf of all Contributors all liability for 
damages, including direct, indirect, special, incidental and consequential damages, such as lost 
profits; (iii) states that any provisions which differ from this Agreement are offered by that 
Contributor alone and not by any other party; and (iv)  states that Source Code for the Covered 
Code is available from such Contributor, and informs licensees how to obtain it in a reasonable 
manner on or through a medium customarily used for software exchange.

(c) You do not use any marks, brands or logos associated with the JCP Specification, or otherwise 
promote or market any Covered Code, as being compatible, compliant, conformant  or otherwise 
consistent with the Specification unless such product passes, in accordance with the documentation 
(including the TCK Users Guide, if any), the most current TCK applicable to the latest version of 
the Specification and available from BEA one hundred twenty (120) days before FCS of such version 
of the product; provided, however, that if You elect to use a version of the TCK also provided by 
BEA that is newer than that which is required under this Section 2.1(b)(v), then You agree to pass 
such TCK.

3.5.  Distribution of Source Code Versions.

When You make Covered Code available in Source Code form:

  	(a) it must be made available under this Agreement; and
 
  	(b) a copy of this Agreement must be included with each copy of the Covered Code.  

You may not remove or alter any copyright notices contained within the Covered Code.  Each 
Contributor must identify itself as the originator of its contribution to the Covered Code, if any, 
in a manner that reasonably allows subsequent licensees to identify the originator of each portion 
of the Covered Code.



4.0  DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, 
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS 
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS 
TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE 
DEFECTIVE IN ANY RESPECT, YOU (NOT BEA OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY 
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS 
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

5.0  TERMINATION.

5.1. This Agreement and the rights granted hereunder will terminate automatically if You fail to 
comply with terms herein and fail to cure such breach within 30 days of becoming aware of the 
breach. All sublicenses to the Covered Code which are properly granted shall survive any 
termination of this Agreement. Provisions which, by their nature, must remain in effect beyond the 
termination of this Agreement shall survive.

5.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory 
judgment actions) against BEA or a Contributor (BEA or Contributor against whom You file such 
action is referred to as "Participant") alleging that:

(a) such Participant's Covered Code directly or indirectly infringes any patent, then any and all 
rights granted by such Participant to You under Sections 2.0of this Agreement shall, upon 60 days 
notice from Participant terminate prospectively, unless if within 60 days after receipt of notice 
You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for 
Your past and future use of Modifications made by such Participant, or (ii) withdraw Your 
litigation claim with respect to the Covered Code against such Participant. If within 60 days of 
notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the 
parties or the litigation claim is not withdrawn, the rights granted by Participant to You under 
Section 2.0 automatically terminate at the expiration of the 60 day notice period specified above.

(b) any software, hardware, or device, other than such Participant's Covered Code, directly or 
indirectly infringes any patent, then any rights granted to You by such Participant under Sections 
2.0 are revoked effective as of the date You first made, used, sold, distributed, or had made, 
Modifications made by that Participant.

5.3. If You assert a patent infringement claim against Participant alleging that such Participant's 
Covered Code directly or indirectly infringes any patent where such claim is resolved (such as by 
license or settlement) prior to the initiation of patent infringement litigation, then the 
reasonable value of the licenses granted by such Participant under Sections 2.0 shall be taken into 
account in determining the amount or value of any payment or license.

5.4. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements 
(excluding distributors and resellers) which have been validly granted by You or any distributor 
hereunder prior to termination shall survive termination.

6.0  LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR 
OTHERWISE, SHALL YOUBEA, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER 
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, 
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S 
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW 
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND 
LIMITATION MAY NOT APPLY TO YOU.

7.0  U.S. GOVERNMENT END USERS. 

The Covered Code is 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 Covered 
Code with only those rights set forth herein.

8.0  MISCELLANEOUS. 

This Agreement represents the complete agreement concerning subject matter hereof. If any provision 
of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent 
necessary to make it enforceable. This Agreement shall be governed by California law provisions 
(except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law 
provisions. With respect to disputes in which at least one party is a citizen of, or an entity 
chartered or registered to do business in the United States of America, any litigation relating to 
this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District 
of California, with venue lying in Santa Clara County, California, with the losing party 
responsible for costs, including without limitation, court costs and reasonable attorneys' fees and 
expenses. The application of the United Nations Convention on Contracts for the International Sale 
of Goods is expressly excluded. Any law or regulation which provides that the language of a 
contract shall be construed against the drafter shall not apply to this Agreement.

9.0  RESPONSIBILITY FOR CLAIMS.

As between BEA and the other Contributors, each party is responsible for claims and damages 
arising, directly or indirectly, out of its utilization of rights under this Agreement and You 
agree to work with BEA and Contributors to distribute such responsibility on an equitable basis. 
Nothing herein is intended or shall be deemed to constitute any admission of liability.



Packages

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