diff options
| author | Kevin Rushforth <[email protected]> | 2006-12-14 00:14:43 +0000 |
|---|---|---|
| committer | Kevin Rushforth <[email protected]> | 2006-12-14 00:14:43 +0000 |
| commit | 55000b8e4e6a91116b9d7784ca91c12064263748 (patch) | |
| tree | 50dcc7e5611c915fa436467b5cfc2dcf611debea | |
| parent | 81a23bd29e92e9eda90eef9c52d8c259a525cf64 (diff) | |
Final spec license for Java 3D 1.5 API
git-svn-id: https://svn.java.net/svn/j3d-core~svn/trunk@760 ba19aa83-45c5-6ac9-afd3-db810772062c
| -rw-r--r-- | LICENSE-SPEC.html | 308 |
1 files changed, 155 insertions, 153 deletions
diff --git a/LICENSE-SPEC.html b/LICENSE-SPEC.html index 20b3c32..806a580 100644 --- a/LICENSE-SPEC.html +++ b/LICENSE-SPEC.html @@ -7,165 +7,167 @@ </head> <body> <p> -JSR-000926 Java(tm) 3D API Specification ("Specification") +Specification: JSR-000926 Java 3D<sup><font size="-2">TM</font></sup> API ("Specification") </p> <p> Version: 1.5<br> -Status: Maintenance Review<br> -Release: 26 October 2006 +Status: Maintenance Release 2<br> +Release: 21 December 2006 </p> <p> -Copyright 2006 Sun Microsystems, Inc.<br> +Copyright 2006 SUN MICROSYSTEMS, INC.<br> 4150 Network Circle, Santa Clara, California 95054, U.S.A<br> All rights reserved. </p> <p> -NOTICE +LIMITED LICENSE GRANTS </p> <p> -The Specification is protected by copyright and the information -described therein may be protected by one or more U.S. patents, -foreign patents, or pending applications. Except as provided under -the following license, no part of the Specification may be reproduced -in any form by any means without the prior written authorization of -Sun Microsystems, Inc. ("Sun") and its licensors, if any. Any use of -the Specification and the information described therein will be -governed by the terms and conditions of this Agreement. -</p> -<p> -Subject to the terms and conditions of this license, including your -compliance with Paragraphs 1, 2 and 3 below, Sun hereby grants you a -fully-paid, non-exclusive, non-transferable, limited license (without -the right to sublicense) under Sun's intellectual property rights to: -</p> -<p> -1.Review the Specification for the purposes of evaluation. This -includes: (i) developing implementations of the Specification for your -internal, non-commercial use; (ii) discussing the Specification with -any third party; and (iii) excerpting brief portions of the -Specification in oral or written communications which discuss the +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 Technology. -</p> -<p> -2.Distribute implementations of the Specification to third parties for -their testing and evaluation use, provided that any such -implementation: -</p> -<p> -(i) 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; -</p> -<p> -(ii) is clearly and prominently marked with the word "UNTESTED" or -"EARLY ACCESS" or "INCOMPATIBLE" or "UNSTABLE" or "BETA" in any list -of available builds and in proximity to every link initiating its -download, where the list or link is under Licensee's control; and -</p> -<p> -(iii) includes the following notice: "This is an implementation -of an early-draft specification developed under the Java Community -Process (JCP) and is made available for testing and evaluation -purposes only. The code is not compatible with any specification of -the JCP." -</p> -<p> -The grant set forth above concerning your distribution of -implementations of the specification is contingent upon your agreement -to terminate development and distribution of your "early draft" -implementation as soon as feasible following final completion of the -specification. If you fail to do so, the foregoing grant shall be -considered null and void. -</p> -<p> -No provision of this Agreement shall be understood to restrict your -ability to make and distribute to third parties applications written -to the Specification. -</p> -<p> -Other than this limited license, you acquire no right, title or -interest in or to the Specification or any other Sun intellectual -property, and the Specification may only be used in accordance with -the license terms set forth herein. This license will expire on the -earlier of: (a) two (2) years from the date of Release listed above; -(b) the date on which the final version of the Specification is -publicly released; or (c) the date on which the Java Specification -Request (JSR) to which the Specification corresponds is withdrawn. In -addition, this license will terminate immediately without notice from -Sun if you fail to comply with any provision of this license. Upon -termination, you must cease use of or destroy the Specification. -</p> -<p> -"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 -</p> -<p> -TRADEMARKS -</p> -<p> -No right, title, or interest in or to any trademarks, service marks, -or trade names of Sun or Sun's licensors is granted hereunder. Sun, -Sun Microsystems, the Sun logo, Java are trademarks or registered -trademarks of Sun Microsystems, Inc. in the U.S. and other countries. +constitute a significant portion of the Specification. +</p> +<p> +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 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. +</p> +<p> +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 Specification in question. +</p> +<p> +4. Reciprocity Concerning Patent Licenses. +</p> +<p> +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. +</p> +<p> +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. +</p> +<p> +c Also with respect to any patent claims owned by Sun and covered by the +license granted under subparagraph 2 above, 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. +</p> +<p> +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's 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. +</p> +<p> +This Agreement will terminate immediately without notice from Sun if you +breach the Agreement or act outside the scope of the licenses granted above. </p> <p> DISCLAIMER OF WARRANTIES </p> <p> -THE SPECIFICATION IS PROVIDED "AS IS" AND IS EXPERIMENTAL AND MAY -CONTAIN DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED -BY SUN. SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR -IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, -FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT THAT THE -CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY -PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY -THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. This -document does not represent any commitment to release or implement any -portion of the Specification in any product. -</p> -<p> -THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR -TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE -INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW -VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY MAKE IMPROVEMENTS -AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN -THE SPECIFICATION AT ANY TIME. Any use of such changes in the -Specification will be governed by the then-current license for the -applicable version of the Specification. +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. </p> <p> LIMITATION OF LIABILITY </p> <p> 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 TO -ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, -EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY -OF SUCH DAMAGES. -</p> -<p> -You will hold Sun (and its licensors) harmless from any claims based -on your use of the Specification for any purposes other than the -limited right of evaluation as described above, and from any claims -that later versions or releases of any Specification furnished to you -are incompatible with the Specification provided to you under this -license. +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. </p> <p> RESTRICTED RIGHTS LEGEND </p> <p> -If this Software is being acquired by or on behalf of the -U.S. Government or by a U.S. Government prime contractor or +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 @@ -176,23 +178,20 @@ C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). REPORT </p> <p> -You may wish to report any ambiguities, inconsistencies or -inaccuracies you may find in connection with your evaluation of the -Specification ("Feedback"). To the extent that you provide Sun with -any 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 +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 related to the Specification and future -versions, implementations, and test suites thereof. +Feedback for any purpose. </p> <p> GENERAL TERMS </p> <p> -Any action related to this Agreement will be governed by California -law and controlling U.S. federal law. The U.N. Convention for the +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. </p> @@ -201,18 +200,21 @@ 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. -</p> -<p> -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. +export, re-export or import as may be required after delivery to Licensee. +</p> +<p> +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. +</p> +<p> +Rev. April, 2006<br> +Sun/Final/Full </p> </body> </html> |