7 "Licensee" means You and any other party that has entered into and has
8 in effect a version of this License.
10 "Modifications" means any change or addition to the Technology.
12 "Sun" means Sun Microsystems, Inc. and its successors and assignees.
14 "Research Use" means research, evaluation, or development for the
15 purpose of advancing knowledge, teaching, learning, or customizing the
16 Technology or Modifications for personal use. Research Use expressly
17 excludes use or distribution for direct or indirect commercial
18 (including strategic) gain or advantage.
20 "Technology" means the source code and object code of the technology
21 made available by Sun pursuant to this License.
23 "Technology Site" means the website designated by Sun for accessing
26 "You" means the individual executing this License or the legal entity
27 or entities represented by the individual executing this License.
31 Sun is licensing the Technology under this Java Research License (the
32 "License") to promote research, education, innovation, and development
33 using the Technology. This License is not intended to permit or
34 enable access to the Technology for active consultation as part of
35 creating an independent implementation of the Technology.
37 COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY AND MODIFICATIONS IS
38 PERMITTED ONLY UNDER A SUN COMMERCIAL LICENSE.
40 III. RESEARCH USE RIGHTS.
42 A. License Grant. Subject to the conditions contained herein, Sun
43 grants to You a non-exclusive, non-transferable, worldwide, and
44 royalty-free license to do the following for Your Research Use only:
46 1. Reproduce, create Modifications of, and use the Technology
47 alone, or with Modifications;
49 2. Share source code of the Technology alone, or with
50 Modifications, with other Licensees; and
52 3. Distribute object code of the Technology, alone, or with
53 Modifications, to any third parties for Research Use only, under a
54 license of Your choice that is consistent with this License; and
55 publish papers and books discussing the Technology which may include
56 relevant excerpts that do not in the aggregate constitute a
57 significant portion of the Technology.
59 B. Residual Rights. If You examine the Technology after accepting
60 this License and remember anything about it later, You are not
61 "tainted" in a way that would prevent You from creating or
62 contributing to an independent implementation, but this License grants
63 You no rights to Sun's copyrights or patents for use in such an
66 C. No Implied Licenses. Other than the rights granted herein, Sun
67 retains all rights, title, and interest in Technology, and You retain
68 all rights, title, and interest in Your Modifications and associated
69 specifications, subject to the terms of this License.
71 D. Third Party Software. Portions of the Technology may be
72 provided with licenses or other notices from third parties that govern
73 the use of those portions. Any licenses granted hereunder do not alter
74 any rights and obligations You may have under such licenses, however,
75 the disclaimer of warranty and limitation of liability provisions in
76 this License will apply to all Technology in this distribution.
78 IV. INTELLECTUAL PROPERTY REQUIREMENTS
80 As a condition to Your License, You agree to comply with the following
81 restrictions and responsibilities:
83 A. License and Copyright Notices. You must include a copy of this
84 Java Research License in a Readme file for any Technology or
85 Modifications you distribute. You must also include the following
86 statement, "Use and distribution of this technology is subject to the
87 Java Research License included herein", (a) once prominently in the
88 source code tree and/or specifications for Your source code
89 distributions, and (b) once in the same file as Your copyright or
90 proprietary notices for Your binary code distributions. You must cause
91 any files containing Your Modification to carry prominent notice
92 stating that You changed the files. You must not remove or alter any
93 copyright or other proprietary notices in the Technology.
95 B. Licensee Exchanges. Any Technology and Modifications You
96 receive from any Licensee are governed by this License.
100 A. Disclaimer Of Warranties.
102 THE TECHNOLOGY IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND,
103 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES
104 THAT THE TECHNOLOGY IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
105 PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU
106 AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND
107 DISTRIBUTION OF ANY AND ALL TECHNOLOGY UNDER THIS LICENSE.
109 B. Infringement; Limitation Of Liability.
111 1. If any portion of, or functionality implemented by, the
112 Technology becomes the subject of a claim or threatened claim of
113 infringement ("Affected Materials"), Sun may, in its unrestricted
114 discretion, suspend Your rights to use and distribute the Affected
115 Materials under this License. Such suspension of rights will be
116 effective immediately upon Sun's posting of notice of suspension on
119 2. IN NO EVENT WILL SUN BE LIABLE FOR ANY DIRECT, INDIRECT,
120 PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION
121 WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION,
122 LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT),
123 HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (including
124 negligence), WHETHER OR NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
125 SUCH DAMAGE. LIABILITY UNDER THIS SECTION V.B.2 SHALL BE SO LIMITED
126 AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY
131 1. You may terminate this License at any time by notifying Sun in a
132 writing addressed to Sun Microsystems, Inc., 4150 Network Circle,
133 Santa Clara, California 95054, Attn.: Legal Department/Products and
136 2. All Your rights will terminate under this License if You fail to
137 comply with any of its material terms or conditions and do not cure
138 such failure within thirty (30) days after becoming aware of such
141 3. Upon termination, You must discontinue all uses and distribution
142 under this agreement, and all provisions of this Section V ("General
143 Terms") shall survive termination.
148 1. Trademark. You agree to comply with Sun's Trademark & Logo
149 Usage Requirements, as modified from time to time, available at
150 http://www.sun.com/policies/trademarks/. Except as expressly provided
151 in this License, You are granted no rights in or to any Sun trademarks
152 now or hereafter used or licensed by Sun.
154 2. Integration. This License represents the complete agreement of
155 the parties concerning the subject matter hereof.
157 3. Severability. If any provision of this License is held
158 unenforceable, such provision shall be reformed to the extent
159 necessary to make it enforceable unless to do so would defeat the
160 intent of the parties, in which case, this License shall terminate.
162 4. Governing Law. This License is governed by the laws of the
163 United States and the State of California, as applied to contracts
164 entered into and performed in California between California residents.
165 In no event shall this License be construed against the drafter.
167 5. Export Control. As further described at
168 http://www.sun.com/its, you agree to comply with the U.S. export
169 controls and trade laws of other countries that apply to Technology