sun-jsr67

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Specification: JSR 67 Java APIs for XML Messaging 1.0 ("Specification")


Version: 1.3


Status: Final Release


Release:  7 April 2006


Copyright 2006 SUN MICROSYSTEMS, INC.

4150 Network Circle, Santa Clara, California 95054, 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 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.


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 
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 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.


4. Reciprocity Concerning Patent Licenses.


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.


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, 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.


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 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.


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


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.


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, ARISING 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 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.


RESTRICTED RIGHTS LEGEND


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).


REPORT


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.


GENERAL TERMS


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.


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.


This Agreement is the parties' entire agreement relating to its subject matter. 
It supersedes all prior or contemporaneous oral or written 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. January, 2006

Sun/Final/Full

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