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diff --git a/LICENSE-JDL.txt b/LICENSE-JDL.txt deleted file mode 100644 index 275cd29..0000000 --- a/LICENSE-JDL.txt +++ /dev/null @@ -1,311 +0,0 @@ -JAVA DISTRIBUTION LICENSE (VER. 1.0) -Java 3D - -I. LICENSE GRANTS, TERMS AND RESTRICTIONS - -1.0 General License Terms. This Java Distribution License ("JDL") -is between Sun Microsystems, Inc. ("Sun") and You where "You" means -the individual or legal entity exercising rights under this JDL. -"Technology" means the following as provided under this JDL: (i) the -source code and binary code from the Reference Implementation ("RI") -of the Java 3D(TM) version 1.5 Specification (the "Specification") and -related documentation, all as revised or upgraded and made available -hereunder; and (ii) the associated technology compatibility kit ("TCK"). -The TCK contains the TCK documentation, user's guide ("TCK User's Guide"), -test tools and test suite associated with the Specification, as revised -or upgraded by Sun. The TCK is provided so that You may determine if Your -implementation is compliant with the Specification. "Modifications" means -any (i) change or addition to or derivative of the Technology; or (ii) new -source or object code implementing the Specification for the Technology. -"Commercial Use" means: (i) Your use of the RI and/or Modifications as -part of a Compatible Implementation within Your business or organization, -but only by Your employees or agents; and/or (ii) any use or distribution, -directly or indirectly by You of the RI and/or Modifications as part -of a Compatible Implementation to any third party, alone or bundled -with any other software or hardware, for direct or indirect commercial -or strategic gain or advantage. By Your use or distribution of the -Technology and Modifications, You agree to the terms of this JDL. - -2.0 License Grants, Restrictions and Termination. - -2.1 Commercial Use and Internal Deployment License Grants. Subject -to the terms of this JDL, Sun grants to You, to the extent of Sun's -licensable copyrights, patents and trade secrets in the RI, a limited, -non-exclusive, non-transferable, worldwide and royalty-free license to -modify, compile, reproduce, distribute, internally use and internally -deploy code and related documentation from the RI and/or Modifications -for Commercial Use, but only as part of Your own Compatible Implementation -(as defined below), and only if You make such distributions as follows: - -(i) Source Code. You can only distribute source code for the RI and -Modifications under all of the following conditions: (a) You make such -distribution under the terms of this JDL; (b) without offering or imposing -any different terms; (c) to a receipient who has accepted the terms of -this JDL; and (d) You provide a copy of this JDL to each such receipient; - -(ii) Binary Code. You can distribute binary code for the RI and -Modifications but only under license terms which (a) have been accepted -by the receipient; (b) are consistent, and not conflicting, with the -terms of the JDL; and (c) where such terms are no less protective of -Sun than the terms of this JDL. - -2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to -You, to the extent of Sun's licensable copyrights, patents and trade -secrets in the TCK, a limited, non-exclusive, non-transferable, worldwide -and royalty-free license to internally use the TCK for the sole purpose of -developing and testing Your Compatible Implementations (as defined below). - -2.2.1 TCK Master Support Agreement. If you desire support for the TCK, -You may execute a separate TCK master support agreement with Sun. - -2.2.2 TCK Use Terms. Your TCK license grant hereunder is expressly -conditioned upon your continued adherance to the following restrictions: - -(i) You may not sublicense or distribute the TCK to any third party except -for any specific TCK code files identified as redistributables in the -TCK User's Guide ("Redistributables"), but only: (a) as part of a TCK -Adaptor accompanying a Compatible Implementation (where a "TCK Adaptor" -means a program that effects interoperability between the TCK and the -Compatible Implementation); and (b) pursuant to a license agreement that -protects Sun's interests consistent with the terms of the JDL; - -(ii) You may not create derivative works of the TCK nor of any of its -components except for the Redistributables in a TCK Adaptor; - -(iii) You may not disassemble or decompile binary portions of the TCK's -test suites or test tools or otherwise attempt to derive the source code -from such binary portions; - -(iv) You may not develop other test suites intended to validate -compatibility with the Specification to which the TCK licensed hereunder -corresponds; - -(v) You may not use the TCK to test a third party's product; - -(vi) You may not make Commercial Use of code which implements any -portion of the Specification unless such code is included in a Compatible -Implementation; - -(vii) You may disclose Test Reports (where "Test Reports" means -those reports generated by the TCK which identify only configuration -information and the status of individual or aggregate test executions) for -an implementation which You are attempting to certify in accordance with -the terms of this JDL for the sole purpose of making Your implementation -a Compatible Implementation, but you may not make any claims of -comparative compatibility nor disclose any other TCK testing information -to any party. For example, You cannot claim that Your implementation is -"nearly compatible" or "98% compatible." When You share Test Reports in -any public forum, including mailing lists, marketing material or press -releases, and Your implementation is not a Compatible Implementation, -You must state that Your implementation is "not compatible;" and - -(viii) You will protect the TCK as confidential information of Sun and, -except as expressly authorized herein, You may not disclose the TCK to -any third party. This obligation of confidentiality with respect to the -TCK will survive any termination or expiration of this JDL. - -2.3 Term and Termination. This JDL shall have an initial term of two (2) -years after your acceptance of this JDL and shall thereafter automatically -renew for additional one year terms unless either party provides notice to -the other party sixty (60) days prior to an anniversary date. The license -grants of this JDL, are expressly conditioned upon Your not acting outside -their scope, and Your continued compliance with the material provisions -of this JDL. All license grants under this JDL will automatically and -immediately be revoked without notice if You fail to so comply. Upon -termination or expiration of this JDL, You must discontinue all use -and distribution of the Technology and any Compatible Implementation -licensed under this JDL. All sublicenses You have properly granted -hereunder shall survive termination or expiration of Your rights under -the JDL. Provisions which should, by their nature, remain in effect after -termination or expiration shall survive, including, without limitation, -the provisions of Article II (General Terms) and the TCK confidentiality -obligations under this JDL. - -2.4 General License Restrictions. Some portions of the Technology are -provided with notices and/or open source or other licenses from other -parties which govern the use of those portions. Your use or distribution -of encryption technology contained within the Technlogy is subject to -all applicable governmental regulations of the United States of America -and the country where the Technology is deployed. You agree to comply -with the U.S. export controls and trade laws of other countries that -apply to the Technology and Compatible Implementations. You acknowledge -that the Technology is not designed, licensed or intended for use in the -design, construction, operation or maintenance of any nuclear facility. -Other than the rights granted herein, Sun retains all rights, title, -and interest in the Technlogy. - -3.0 Compatibility and Use of the TCK. - -3.1 Compatible Implementation TCK Requirements. Your use of the RI and/or -Modifications as part of an implementation of the Specification is a -"Compatible Implementation" if the implementation meets the following -requirements: - -3.1.1 A Compatible Implementation must comply with the full Specification, -including all its required interfaces and functionality; - -3.1.2 A Compatible Implementation must either: (i) pass the most -current compatibility requirements (as defined by the TCK User's Guide) -which were made available by Sun one hundred twenty (120) days before -first commercial shipment ("FCS") of each version of the Compatible -Implementation (eg. if Your FCS was December 31, 2003, You must have -passed the most current version of the TCK as of September 2, 2003); or -(ii) at Your option, pass all the compatibility requirements of a newer -version of the TCK and its associated TCK User's Guide; - -3.1.3 A Compatible Implementation may not modify the functional behavior -of the "Java Classes" which means the specific class libraries associated -with the Technology; and - -3.1.4 A Compatible Implementation may not modify, subset, superset or -otherwise extend the Licensor Name Space, nor include any public or -protected packages, classes, Java interfaces, fields or methods within -the Licensor Name Space other than those required and/or authorized -by the Specification. "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. - -3.2 Self-Certification for Compatibility. You shall self-certify that Your -Compatible Implementation passes the applicable TCK as set forth above, -if and when Your Compatible Implementation in fact does so, provided that: - -3.2.1 If Sun policy (as communicated to You by Sun) also requires -verification of compatibility for Your Compatible Implementation -then You shall, prior to the FCS of the Compatible Implementation, -submit verification of compatibility to Sun or to an independent test -facility designated by Sun. If such verification is by an independent -test facility, then the reasonable costs of such activity (including any -applicable fees) shall be at Your expense. Sun may publish or otherwise -disclose Your test results. - -3.2.2 Upon thirty (30) days written notice by Sun, and no more than two -(2) times per calendar year, You shall permit Sun or its authorized -representative to inspect and test any Compatible Implementation which -has been self-certified per this subsection 3.2 to ensure that such -Compatible Implementation meets the compatibility and other requirements -for a Compatible Implementation as set forth herein. The reasonable -costs of such inspection shall be at Sun's expense; provided, however, -that You shall reimburse Sun for such costs if the inspection reveals -that the Compatible Implementation does not meet such requirements and -these deficiencies are not cured within thirty (30) days. - -4.0 Fees and Royalties. There are no fees or royalites associated with -the license grants for the Technology licensed under this JDL. - -II. GENERAL TERMS - -5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS IS", -WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY -INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY AND/OR -MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR -PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR -THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND -ALL TECHNOLOGY AND/OR MODIFICATIONS UNDER THIS JDL. SOME JURISDICTIONS -DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS -MAY NOT APPLY TO YOU - -6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole -discretion, upon any action initiated by You alleging that the use -or distribution of the Technology and/or Modifications by Sun, or -any other licensee of the Technology and/or Modifications, infringes -a patent owned or controlled by You. In addition, if any portion of, -or functionality implemented by, the Technology becomes the subject of -a claim or threatened claim of infringement ("Affected Materials"), Sun -may, at its sole option, (i) attempt to procure the rights necessary for -You to continue using the Affected Materials, (ii) modify the Affected -Materials so that they are no longer infringing, or (iii) immediately -suspend Your rights to use and distribute the Affected Materials under -this JDL by providing notice of suspension to You in a reasonable manner, -and refund toYou the amount, if any, having then actually been paid by -You to Sun under this JDL, on a straight line, five year basis . - -7.0 Limitation of Liability. Sun will be not be liable for any claims -relating to, or arising out of, this JDL, whether in tort, contract or -otherwise, in an amount in excess of any annual license fees You paid to -Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT, -SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION -WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT LIMITATION, LOSS OF -PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES -AND UNDER ANY THEORY OF LIABILITY (including negligence), REGARDLESS OF -WHETHER OR NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. -FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED AND EXCLUDED, -NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. TO THE -EXTENT ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL -DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT BE DISCLAIMED THEN -THE ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS JDL, AND YOUR -EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES, SHALL BE LIMITED TO THE GREATER -OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR FIVE HUNDRED -US DOLLARS, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT PERMIT THE -EXCLUSION OR LIMITATION OF INCIDENTALS OR CONSEQUENTIAL DAMAGES SO THE -ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. - -8.0 Support. Sun does not provide any support for the Technology or the -TCK to either You or Your customers under this JDL. Support for the TCK -is provided under a separate TCK master support agreement. If You desire -support for the RI, You may contact Sun. You are solely reponsible for -providing all support to Your customers with respect to the Technology, -TCK, Modifications and/or Compatible Implementation. - -9.0 Marketing and Press Announcements. Your initial press announcement -concerning execution of this JDL must be reviewed and approved by -Sun prior to its release. You hereby authorizes Sun to include You -in a published list of licensees of the Technology. Sun shall also -be authorized to use Your name in advertising, marketing collateral, -and customer success stories prepared by or on behalf of Sun for the -Technology subject to Your prior approval, such approval not to be -unreasonably withheld or delayed. - -10.0 Notices. All notices required by this JDL must be in writing. -Sun shall deliver notice to You via either e-mail or by physical mail -based on the information You provided to Sun when you accepted this JDL. -Notices by You to Sun will be effective only upon receipt by Sun at -the following physical addresses: Sun Microsystems, Inc., 4150 Network -Circle, Santa Clara, California 95054, Attn.: Sun Software VP of Sales, -cc: General Counsel, cc: Product Law Legal Department or to such different -address as Sun provides on the Technology Site for such purpose. - -11.0 Proprietary Rights Notices and Branding Requirements. There are -no specific branding requirements associated with the Technology under -this JDL. You may not remove any copyright notices, trademark notices or -other proprietary legends of Sun or its suppliers contained on or in the -Technology, including any notices of licenses for open source components. -You agree to comply with the Sun Trademark and Logo Usage Requirements -currently located at http://www.sun.com/policies/trademarks. Except as -provided in this JDL, no right, title or interest to Sun's trademarks, -brands or logos is granted herein. - -12.0 U.S. Government End Users. The Technology and Modifications are 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 Technology and/or Modifications with only those rights set forth -herein. You agree to pass this notice to Your licensees. - -13.0 Miscellaneous. This JDL is governed by the laws of the United -States and the State of California, as applied to contracts entered -into and performed in California between California residents. The -relationship created under this JDL is that of licensor and licensee and -does not create any other relationship such as a partnership, franchise, -joint venture, agency or employment relationship between the parties. -This JDL may not be assigned or transferred by either party without -the prior written consent of the other party, which consent shall not -be unreasonably withheld or delayed, except that Sun may assign: (i) -to an affiliated company, or (ii) in the event of a merger, acquisition -or sale of all or substantially all of the assets of Sun. Any express -waiver or failure to exercise promptly any right under this Agreement will -not create a continuing waiver nor any expectation of non-enforcement. -The disclaimer of warranties and limitations of liability constitute -an essential basis of the bargain in this JDL. This JDL represents the -complete agreement of the parties concerning the subject matter hereof -and may not be modified or amended in whole or part, except by a written -instrument signed by the parties' authorized representatives. Nothing -herein shall supersede or modify the terms of any separate signed written -license agreement You may have executed with Sun regarding the Technology. - -YOU: By: ___________________________________ Name: ___________________________________ - - Title: __________________________________ Date: _____________________________________ |