SUN COMMUNITY SOURCE LICENSE
Version 2.3
(Rev. Date Feb. 22, 1999) as revised by Sun Microsystems, Inc.
("Original Contributor") and Caldera Systems, Inc. ("You")
RECITALS
Original Contributor has developed Specifications and Source Code
implementations of certain Technology; and
Original Contributor desires to license the Technology to a large
community to
facilitate research, innovation and product development while
maintaining
compatibility of such products with the Technology as delivered by
Original
Contributor; and
Original Contributor desires to license certain Sun Trademarks for the
purpose
of branding products that are compatible with the relevant Technology
delivered
by Original Contributor; and
You desire to license the Technology and possibly certain Sun Trademarks
from
Original Contributor on the terms and conditions specified in this
License.
In consideration for the mutual covenants contained herein, You and
Original
Contributor agree as follows:
AGREEMENT
1. Introduction. The Sun Community Source License and attachments
("License")
may include five distinct licenses: Research Use, TCK, Internal
Deployment Use,
Commercial Use and Trademark License. The Research Use, TCK and Internal
Deployment Use licenses are effective when You sign this License. The
Commercial
Use and Trademark licenses must be signed by You and Original
Contributor in
order to become effective. Once effective, these licenses and the
associated
requirements and responsibilities are cumulative. Capitalized terms used
in this
License are defined in the Glossary.
2. License Grants.
2.1 Original Contributor Grant. Subject to Your compliance with Sections
3, 8.10
and Attachment A of this License (and Your right to cure breaches to the
extent
provided in Section 6.), Original Contributor grants to You a worldwide,
royalty-free, non-exclusive license, to the extent of Original
Contributor's
Intellectual Property Rights covering the Original Code, Upgraded Code
and
Specifications, to do the following:
a) Research Use License:
(i) use, reproduce and modify the Original Code, Upgraded Code and
Specifications to create Modifications and Reformatted Specifications
for
Research Use by You,
Agreement No. 55391
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2
(ii) publish and display Original Code, Upgraded Code and
Specifications
with, or as part of Modifications, as permitted under Section 3.1 b)
below,
(iii) reproduce and distribute copies of Original Code and
Upgraded Code
to Licensees and students for Research Use by You,
(iv) compile, reproduce and distribute Original Code and Upgraded
Code in
Executable form, and Reformatted Specifications to anyone for Research
Use by
You.
b) Other than the licenses expressly granted in this License, Original
Contributor retains all right, title, and interest in Original Code and
Upgraded
Code and Specifications.
2.2 Your Grants.
a) To Other Licensees. You hereby grant to each Licensee a license to
Your Error
Corrections and Shared Modifications, of the same scope and extent as
Original
Contributor's licenses under Section 2.1 a) above relative to Research
Use,
Attachment C relative to Internal Deployment Use, and Attachment D
relative to
Commercial Use.
b) To Original Contributor. You hereby grant to Original Contributor a
worldwide, royalty-free, non-exclusive, perpetual and irrevocable
license, to
the extent of Your Intellectual Property Rights covering Your Error
Corrections,
Shared Modifications and Reformatted Specifications, to use, reproduce,
modify,
display and distribute Your Error Corrections, Shared Modifications and
Reformatted Specifications, in any form, including the right to
sublicense such
rights through multiple tiers of distribution.
c) Other than the licenses expressly granted in Sections 2.2 a) and b)
above,
and the restriction set forth in Section 3.1 d)(iv) below, You retain
all right,
title, and interest in Your Error Corrections, Shared Modifications and
Reformatted Specifications.
2.3 Contributor Modifications. You may use, reproduce, modify, display
and
distribute Contributor Error Corrections, Shared Modifications and
Reformatted
Specifications, obtained by You under this License, to the same scope
and extent
as with Original Code, Upgraded Code and Specifications.
2.4 Independent Contractors. You may deliver the Source Code of Covered
Code to
other Licensees having at least a Research Use license, for the sole
purpose of
furnishing development services to You in connection with Your rights
granted in
this License. All such Licensees must execute appropriate documents with
respect
to such work consistent with the terms of this License, and
acknowledging their
work-made-for-hire status or assigning exclusive right to their work
product and
associated Intellectual Property Rights to You.
3. Requirements and Responsibilities.
Agreement No. 55391
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3.1 Research Use License. As a condition of exercising the rights
granted under
Section 2.1 a) above, You agree to comply with the following:
a) Your Contribution to the Community. All Error Corrections and Shared
Modifications which You create or contribute to are automatically
subject to the
licenses granted under Section 2.2 above. You are encouraged to license
all of
Your other Modifications under Section 2.2 as Shared Modifications, but
are not
required to do so. Your Modification will be a Shared Modification only
if You
deliver it to Original Contributor or disclose it to third party
software
developers as provided herein (other than Your agents acting on Your
behalf and
independent contractors engaged by You to perform services for You, and
excluding Compliant Covered Code distributed under Attachment D). You
agree to
notify Original Contributor of any errors in the Specification which
come to
Your attention.
b) Source Code Availability. You agree to provide all Your Error
Corrections to
Original Contributor as soon as reasonably practicable and, in any
event, prior
to Internal Deployment Use or Commercial Use, if applicable, or if
created after
Internal Deployment Use or Commercial Use, then as soon as reasonably
practicable. Original Contributor may, at its discretion, post Source
Code for
Your Error Corrections and Shared Modifications on the Community
Webserver. You
may also post Error Corrections and Shared Modifications on a web-server
of Your
choice; provided, that You must take reasonable precautions to ensure
that only
Licensees have access to such Error Corrections and Shared
Modifications. Such
precautions shall mean a password protection scheme limited to Licensees
and a
click-on, download certification of Licensee status required of those
attempting
to download from the server. An example of an acceptable certification
is
attached as Attachment A-2. Original Contributor can require additional
reasonable precautions from time to time. This precaution applies only
to the
Source Code of such Error Corrections and Shared Modifications, and not
to the
executable form thereof, which is covered under Section 3.1 d) below.
c) Notices. All Error Corrections and Shared Modifications You create or
contribute to must include a file documenting the additions and changes
You made
and the date of such additions and changes. You must also include the
notice set
forth in Attachment A-1 in the file header. If it is not possible to put
the
notice in a particular Source Code file due to its structure, then You
must
include the notice in a location (such as a relevant directory file or
accompanying documentation), where a recipient would be most likely to
look for
such a notice.
d) Redistribution.
(i) Source. Covered Code may be distributed in Source Code form
only to
another Licensee (except for students as provided below). You may not
offer or
impose any terms on any Covered Code that alter the rights,
requirements, or
responsibilities of such Licensee. You may distribute Covered Code to
students
for use in
Agreement No. 55391
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connection with their course work and research projects undertaken at
accredited
educational institutions. Such students need not be Licensees, but must
be given
a copy of the notice set forth in Attachment A-3 and such notice must
also be
included in a file header or prominent location in the Source Code made
available to such students.
(ii) Executable. You may distribute Executable version(s) of
Covered Code
to Licensees and other third parties only for the purpose of evaluation
and
comment in connection with Research Use by You and under a license of
Your
choice, but which limits use of such Executable version(s) of Covered
Code only
to that purpose.
(iii) Modified Class, Interface and Package Naming. In connection
with
Research Use by You only, You may use Original Contributor's class,
interface
and package names only to accurately reference or invoke the Source Code
files
You modify. Original Contributor grants to You a limited license to the
extent
necessary for such purposes.
(iv) You expressly agree that any distribution, in whole or in
part, of
Modifications developed by You shall only be done pursuant to the term
and
conditions of this License.
e) Extensions.
(i) Covered Code. You may not include any Source Code of Community
Code in
any Extensions;
(ii) Publication. No later than the date on which You first
distribute
such Extension for Commercial Use, You must publish to the industry, on
a
non-confidential basis and free of all copyright restrictions with
respect to
reproduction and use, an accurate and current specification for any
Extension.
In addition, You must make available an appropriate test suite, pursuant
to the
same rights as the specification, sufficiently detailed to allow any
third party
reasonably skilled in the technology to produce implementations of the
Extension
compatible with the specification. Such test suites must be made
available as
soon as reasonably practicable but, in no event, later than ninety (90)
days
after Your first Commercial Use of the Extension. You must use
reasonable
efforts to promptly clarify and correct the specification and the test
suite
upon written request by Original Contributor.
(iii) Open. You agree to refrain from enforcing any Intellectual
Property
Rights You may have covering any interface(s) of Your Extension, which
would
prevent the implementation of such interface(s) by Original Contributor
or any
Licensee. This obligation does not prevent You from enforcing any
Intellectual
Property Right You have that would otherwise be infringed by an
implementation
of Your Extension.
(iv) Class, Interface and Package Naming. You may not add any
packages, or
any public or protected classes or interfaces
Agreement No. 55391
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with names that originate or might appear to originate from Original
Contributor
including, without limitation, package or class names which begin with
"sun",
"java", "javax", "jini", "net.jini", "com.sun" or their equivalents in
any
subsequent class, interface and/or package naming convention adopted by
Original Contributor. It is specifically suggested that You name any new
packages using the "Unique Package Naming Convention" as described in
"The Java
Language Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN
0-201-
63451-1, August 1996. Section 7.7 "Unique Package Names", on page 125 of
this
specification which states, in part:
"You form a unique package name by first having (or belonging to an
organization
that has) an Internet domain name, such as "sun.com". You then reverse
the name,
component by component, to obtain, in this example, "Com.sun", and use
this as a
prefix for Your package names, using a convention developed within Your
organization to further administer package names."
4. Versions of the License.
4.1 License Versions. Original Contributor may publish revised versions
of the
License from time to time. Each version will be given a distinguishing
version
number.
4.2 Effect. Once a particular version of Covered Code has been provided
under a
version of the License, You may always continue to use such Covered Code
under
the terms of that version of the License. You may also choose to use
such
Covered Code under the terms of any subsequent version of the License.
No one
other than Original Contributor has the right to promulgate License
versions.
5. Disclaimer of Warranty.
5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT
WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT
THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE
OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH
YOUR USE
AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF
WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS
AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER
ERROR CORRECTIONS AND SHARED MODIFICATIONS ARE PROVIDED BY YOU "AS IS,"
WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION,
WARRANTIES THAT THE ERROR CORRECTIONS OR SHARED MODIFICATIONS ARE FREE
OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NONINFRINGING.
ORIGINAL
CONTRIBUTOR AGREES TO BEAR THE ENTIRE RISK IN CONNECTION WITH ITS USE
AND
DISTRIBUTION OF SUCH ERROR CORRECTIONS AND SHARED MODIFICATIONS. THIS
DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
SUCH
ERROR CORRECTIONS OR SHARED MODIFICATIONS IS AUTHORIZED HEREUNDER EXCEPT
SUBJECT
TO THIS DISCLAIMER.
Agreement No. 55391
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5.2 You acknowledge that Original Code, Upgraded Code and Specifications
are not
designed or intended for use in (i) on-line control of aircraft, air
traffic,
aircraft navigation or aircraft communications; or (ii) in the design,
construction, operation or maintenance of any nuclear facility. Original
Contributor disclaims any express or implied warranty of fitness for
such uses.
Original Contributor acknowledges that Error Corrections and Shared
Modifications provided by You are not designed or intended for use in
(i)
on-line control of aircraft, air traffic, aircraft navigation or
aircraft
communications; or (ii) in the design, construction, operation or
maintenance of
any nuclear facility. You disclaim any express or implied warranty of
fitness
for such uses.
5.3 This License, the Trademark License and the Master Support Agreement
do not
restrict, limit or apply to any Caldera Independent Product or Third
Party
Independent Product or the Commercialization of any Independent Product.
A
"Caldera Independent Product" means any product, code, service or
technology
which is created or developed without infringing any intellectual
property
rights of Original Contributor by or for You independent of and without
the use
of any Covered Code (code or software which is lawfully received by You
from a
source other than Original Contributor and not under this License, and
that You
could have rightfully obtained in the absence of this License, shall not
be
deemed Covered Code for this purpose), provided the Commercialization of
such
product, code, service or technology does not infringe any intellectual
property
rights of Original Contributor. A "Third Party Independent Product
"means any
product, code, service or technology lawfully licensed or provided to
You by a
source other than Original Contributor that You could have rightfully
obtained
in the absence of this License, provided the Commercialization of such
product,
code, service or technology does not infringe any intellectual property
rights
of Original Contributor. An "Independent Product" means either a Caldera
Independent Product or a Third Party Independent Product. Subject to the
foregoing provisions of this Section, an Independent Product might or
might not
be a product, code, service or technology implementing or relating to
the
Technology, Java based code or Java Specifications. The term
"Commercialization
of an Independent Product" means any creation, development,
modification, use,
copying, distribution, manufacture, sale, display, publication, and/or
Commercialization of the Independent Product without the infringement of
any
valid and unexpired intellectual property right of Original Contributor.
The
intent of the parties is to ensure that any activity which You could
lawfully
engage in, in the absence of this License, the Trademark License and the
Master
Support Agreement, will not be prohibited or restricted by this License,
the
Trademark License or the Master Support Agreement. This Section 5.3 does
not
grant expressly or by implication any license or rights to You to any
intellectual property of Original Contributor.
6. Termination.
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6.1 By You. You may terminate this Research Use license or the License
at
anytime by providing written notice to Original Contributor.
6.2 By Original Contributor. This License and the rights granted
hereunder will
terminate:
(i) automatically if You materially breach the terms of this
License and
fail to cure such breach within 30 days of receipt of written notice of
the
breach. Said notice must describe the breach and facts upon which the
breach is
alleged. If more than 30 days is required to cure the breach, then the
30 day
period shall be extended as reasonably necessary provided that You begin
the
cure within said 30 days and are diligent to complete the cure as soon
as
reasonably possible. If the breach is of an incurable nature, then it
shall be
deemed cured for the purposes of this section if You take reasonable
steps to
ensure that the breach is not repeated and inform Original Contributor
of such
steps. If You dispute the existence of the breach, then You shall have
the right
to have such dispute first resolved in accordance with Section 8.6
before
termination under this Section 6.2(i) and the 30 day cure period begin.
Nothing
in this Section 6.2 shall limit the injunctive relief or other remedies
to which
Original Contributor may be entitled for any copying, use or
distribution by You
of Covered Code outside the scope of this License.
(ii) notwithstanding Section 6.2(i) above, immediately in the
event of
circumstances specified in Section 7.1 or a violation of Original
Contributor's
intellectual property rights (except for Your first curable violation
that was
inadvertent or occurred despite Your exercise of reasonable care and
good faith,
which will be covered by Section (i) above except as provided herein);
or
(iii) at Original Contributor's discretion upon any action
initiated in
the first instance by You alleging that use or distribution by Original
Contributor or any Licensee, of Original Code, Upgraded Code, Error
Corrections
or Shared Modifications contributed by You, or Specifications, infringe
a patent
owned or controlled by You.
6.3 Effect of Termination. Upon termination, You agree to discontinue
use and
return or destroy all copies of Covered Code in your possession.
However, for
termination for any reason other than a violation of Original
Contributor's
intellectual property rights, You may continue to use Covered Code in
compliance
with the License in connection with the support of Your customers and
end-users
existing on the date of termination and the distribution of error
corrections to
them in compliance with the terms of the License governing distribution.
The
foregoing limitation does not apply to violations that were inadvertent
or
occurred despite Your exercise of reasonable care and good faith (or if
in good
faith but due to lack of reasonable care, You have taken appropriate
steps to
ensure that it does not happen again). All sublicenses and licenses to
the
Covered Code which you have properly granted shall survive any
termination of
this
Agreement No. 55391
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License. Provisions which, by their nature, should remain in effect
beyond the
termination of this License shall survive including, without limitation,
Sections 2.2, 3, 5, 7 and 8 hereof and Section 5 of the Commercial Use
license.
6.4 Each party waives and releases the other from any claim to
compensation or
indemnity for permitted or lawful termination of the business
relationship
established by this License.
7. Liability.
7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or
Specifications ("Materials") become the subject of a claim of
infringement,
Original Contributor may, at its sole option, (i) attempt to procure the
rights
necessary for You to continue using the Materials, (ii) modify the
Materials so
that they are no longer infringing, or (iii) terminate Your right to use
the
Materials, immediately upon written notice, and refund to You the
amount, if
any, having then actually been paid by You to Original Contributor for
the
Original Code, Upgraded Code and TCK, depreciated on a straight line,
five year
basis.
7.2 LIMITATION OF LIABILITY. EXCEPT FOR VIOLATIONS OF ORIGINAL
CONTRIBUTOR'S OR
YOUR INTELLECTUAL PROPERTY RIGHTS:
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOUR LIABILITY TO ORIGINAL
CONTRIBUTOR AND ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS
RELATING TO
THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE
HUNDRED
PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
ORIGINAL
CONTRIBUTOR UNDER THIS LICENSE (THIS LIMIT DOES NOT APPLY TO YOUR
OBLIGATION TO
MAKE PAYMENTS UNDER SECTION 7 OF ATTACHMENT D). IN NO EVENT WILL YOU OR
ORIGINAL
CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE
(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER
ECONOMIC
ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN
AN
ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED
OF THE
POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE
OF ANY REMEDY.
8. Miscellaneous.
8.1 Trademark. You agree to comply with the then current Sun Trademark &
Logo
Usage Requirements accessible through the SCSL Webpage. Except as
expressly
provided in the License, You are granted no right, title or license to,
or
interest in, any Sun Trademarks. You agree not to (i) challenge Original
Contributor's ownership or use of Sun Trademarks; (ii) attempt to
register any
Sun Trademarks, or any mark or logo substantially similar thereto; or
(iii)
incorporate any Sun Trademarks into your own trademarks, product names,
service marks, company names, or domain names.
Agreement No. 55391
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8.2 Integration. This License represents the complete agreement
concerning the
subject matter hereof.
8.3 Assignment. Original Contributor may assign this License, and its
rights and
obligations hereunder, in its sole discretion. You may assign or
transfer this
License to any third party who acquires all or substantially all of Your
business assets relating to this License, except to a competitor of
Original
Contributor, in which case You cannot assign or transfer this License
(including
by way of merger, even if You are the surviving entity) without Original
Contributor's prior written consent, not to be unreasonably withheld or
delayed.
8.4 Severability. If any provision of this License is held to be
unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. Notwithstanding the foregoing, if You are prohibited by law
from
fully and specifically complying with Sections 2.2 or 3, this License
will
continue in effect upon the agreement of the parties to revised terms
that most
nearly accomplish the same effect as the present Sections 2.2 and 3.
8.5 Governing Law. This License shall be governed by the laws of the
United
States and the State of California, as applied to contracts entered into
and to
be performed in California between California residents. The application
of the
United Nations Convention on Contracts for the International Sale of
Goods is
expressly excluded.
8.6 Dispute Resolution.
a) Any dispute arising out of or relating to this License shall be
finally
settled by arbitration as set out herein, except that either party may
bring any
action, in a court of competent jurisdiction (which jurisdiction shall
be
exclusive), with respect to any dispute relating to such party's
Intellectual
Property Rights or with respect to Your compliance with the TCK license.
Arbitration shall be administered: (i) by the American Arbitration
Association
(AAA), (ii) in accordance with the applicable rules of the American
Arbitration
Association (the "Rules") in effect at the time of arbitration as
modified
herein; and (iii) the arbitrator will apply the substantive laws of
California
and United States. Judgement upon the award rendered by the arbitrator
may be
entered in any court having jurisdiction to enforce such award.
b) All arbitration proceedings shall be conducted in English by a single
arbitrator selected in accordance with the Rules, who must be fluent in
English
and be either a retired judge or practicing attorney having at least ten
(10)
years litigation experience and be reasonably familiar with the
technology
matters relative to the dispute. Unless otherwise agreed, arbitration
venue
shall be in San Francisco if You demand the arbitration and in Salt Lake
City if
Original Contributor demands the arbitration. The arbitrator may award
monetary
damages only and nothing shall preclude either party from seeking
provisional or
emergency relief from a court of competent
Agreement No. 55391
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jurisdiction. The arbitrator shall have no authority to award damages in
excess
of limitations on liability set forth in this License and any such award
in
excess is void to the extent of the excess. All awards will be payable
in U.S.
dollars and may include, for the prevailing party (i) pre-judgment award
interest, (ii) reasonable attorneys' fees incurred in connection with
the
arbitration, and (iii) reasonable costs and expenses incurred in
enforcing the
award. The arbitrator will order each party to produce identified
documents and
respond to no more than twenty-five single question interrogatories.
8.7 Construction. Any law or regulation which provides that the language
of a
contract shall be construed against the drafter shall not apply to this
License.
8.8 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. You agree to pass this notice to Your licensees.
8.9 Press Announcements. All press announcements relative to the
execution of
this License must be reviewed and approved by Original Contributor and
You prior
to release.
8.10 International Use.
a) Export/Import laws. Covered Code is subject to U.S. export control
laws and
may be subject to export or import regulations in other countries. Each
party
agrees to comply strictly with all such laws and regulations and
acknowledges
their responsibility to obtain such licenses to export, re-export, or
import as
may be required. You agree to pass these obligations to Your licensees.
b) Intellectual Property Protection. Due to limited intellectual
property
protection and enforcement in certain countries, You agree not to
redistribute
the Original Code, Upgraded Code, TCK and Specifications to any country
other
than the list of restricted countries on the SCSL Webpage. This section
8.10 b)
does not apply to distribution of executable code.
8.11 Language. This License is in the English language only, which
language
shall be controlling in all respects, and all versions of this License
in any
other language shall be for accommodation only and shall not be binding
on the
parties to this License. All communications and notices made or given
pursuant
to this License, and all documentation and support to be provided,
unless
otherwise noted, shall be in the English language.
8.12 Consultation. Original Contributor shall, upon Your request,
consult with
You on questions or issues concerning this
Agreement No. 55391
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License and other agreements referenced herein and Your compliance
therewith.
AGREED TO AND ACCEPTED BY:
You: Original
Contributor:
Caldera Systems, Inc. Sun Microsystems,
Inc.
By: By:
Title: Title:
Date: Date:
GLOSSARY
1. "Commercial Use" means any use (excluding Internal Deployment Use) or
distribution, directly or indirectly of Compliant Covered Code by You to
any
third party, alone or bundled with any other software or hardware, for
direct or
indirect commercial or strategic gain or advantage.
2. "Community Code" means the Original Code, Upgraded Code, Error
Corrections,
Shared Modifications, or any combination thereof.
3. "Community Webserver(s)" means the webservers designated by Original
Contributor for posting Error Corrections and Shared Modifications.
4. "Compliant Covered Code" means Covered Code that complies with the
requirements of the TCK.
5. "Contributor" means each Licensee that creates or contributes to the
creation
of any Error Correction or Shared Modification.
6. "Covered Code" means the Original Code, Upgraded Code, Modifications,
or any
combination thereof.
7. "Error Correction" means any change made to Community Code which
conforms to
the Specification and corrects the adverse effect of a failure of
Community Code
to perform any function set forth in or required by the Specifications.
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7. "Executable" means Covered Code that has been converted to a form
other than
Source Code.
9. "Extension(s)" means any additional classes or other programming code
and/or
interfaces developed by or for You which: (i) are designed for use with
the
Technology;(ii) constitute an API for a library of computing functions
or
services; and (iii) are disclosed to third party software developers for
the
purpose of developing software which invokes such additional classes or
other
programming code and/or interfaces. The foregoing shall not apply to
software
development by Your subcontractors or independent contractors to be
exclusively
used by You.
10. "Intellectual Property Rights" means worldwide statutory and common
law
rights associated with (i) patents and patent applications; (ii) works
of
authorship including copyrights, copyright applications, copyright
registrations
and "moral rights"; (iii) the protection of trade and industrial secrets
and
confidential information; and (iv) divisions, continuations, renewals,
and re-
issuances of the foregoing now existing or acquired in the future.
11. "Internal Deployment Use" means use of Compliant Covered Code
(excluding
Research Use) within Your business or organization only by Your
employees and/or
agents and independent contractors, subject to execution of Attachment C
by You
and Original Contributor.
12. "Licensee" means any party that has entered into and has in effect a
version
of the Sun Community Source License with Original Contributor.
13. "Modification(s)" means (i) any change to Covered Code; (ii) any new
file or
other such representation of computer program statements that contains
any
portion of Covered Code; and/or (iii) any new Source Code implementing
any
non-trivial portion of the Specifications (subsection (iii) does not
include an
implementation of a portion of the Specifications not specific to Java
or the
Technology and in common usage (or a combination of such common usage
portions
of the Specifications provided such combination is not specific to Java
or the
Technology and in common usage), that is independently developed without
use of
Specifications.
14. "Original Code" means the initial Source Code for the Technology as
described on the Technology Download Site.
15. "Original Contributor" means Sun Microsystems, Inc., its affiliates
and its
successors and assigns.
16. "Reformatted Specifications" means any revision to the
Specifications which
translates or reformats the Specifications (as for example in connection
with
Your documentation) but which does not alter, subset or superset the
functional
or operational aspects of the Specifications.
Agreement No. 55391
Page 12
13
17. "Research Use" means use and distribution of Covered Code only for
Your
research, development, testing, gaining familiarity, educational or
personal and
individual use, and expressly excludes Internal Deployment Use and
Commercial
Use.
18. "SCSL Webpage" means the Sun Community Source license webpage
located at
http://sun.com/software/communitysource, or such other URL that Sun may
designate from time to time.
19. "Shared Modifications" means Modifications provided by You, at Your
option,
pursuant to Section 2.2, or received by You from a Contributor pursuant
to
Section 2.3.
20. "Source Code" means computer program statements written in any high-
level,
readable form suitable for modification and development.
21. "Specifications" means the specifications for the Technology and
other
documentation, as designated on the Technology Download Site, as may be
revised
by Original Contributor from time to time.
22. "Sun Trademarks" means Original Contributor's SUN, JAVA, and JINI
trademarks
and logos, whether now used or adopted in the future.
23. "Technology" means the technology described or identified in
Attachment B,
and Upgrades.
24. "Technology Compatibility Kit" or "TCK" means the test programs,
procedures
and/or other requirements, designated by Original Contributor for use in
verifying compliance of Covered Code with the Specifications, in
conjunction
with the Original Code and Upgraded Code. Original Contributor may, in
its sole
discretion and from time to time, revise a TCK to correct errors and/or
omissions and in connection with Upgrades. Original Contributor agrees
that the
test programs, procedures and/or other requirements of the TCK will be
applied
to You in a nondiscriminatory manner.
25. "Technology Download Site" means the site(s) designated by Original
Contributor for access to the Original Code, Upgraded Code, TCK and
Specifications.
26. "Upgrade(s)" means new versions of Technology designated exclusively
by
Original Contributor as an "Upgrade" and released by Original
Contributor from
time to time.
27. "Upgraded Code" means the Source Code for Upgrades, possibly
including
Modifications made by Contributors.
28. "You(r)" means Caldera Systems,Inc. "You(r)" includes any entity
that by
majority voting interest controls, is controlled by, or is under common
control
with You.
Agreement No. 55391
Page 13
14
ATTACHMENT A
REQUIRED NOTICES
ATTACHMENT A-1
REQUIRED IN ALL CASES
"The contents of this file, or the files included with this file, are
subject to
the current version of Sun Community Source License for [fill in name of
applicable Technology] (the "License"); You may not use this file except
in
compliance with the License. You may obtain a copy of the License at
http://sun.com/software/communitysource. See the License for the rights,
obligations and limitations governing use of the contents of the file.
The Original and Upgraded Code is [fill in name and version of
applicable
Technology]. The developer of the Original and Upgraded Code is Sun
Microsystems, Inc. Sun Microsystems, Inc. owns the copyrights in the
portions it
created. All Rights Reserved.
Contributor(s):
Associated Test Suite(s) Location:
ATTACHMENT A-2
SAMPLE LICENSEE CERTIFICATION
"By clicking the `Agree' button below, You certify that You are a
Licensee in
good standing under the Sun Community Source License, [fill in
applicable
Technology and Version] ("License") and that Your access, use and
distribution
of code and information You may obtain at this site is subject to the
License."
ATTACHMENT A-3
REQUIRED STUDENT NOTIFICATION
"This software and related documentation has been obtained by your
educational
institution subject to the Sun Community Source License, [fill in
applicable
Technology]. You have been provided access to the software and related
documentation for use only in connection with your course work and
research
activities as a matriculated student of your educational institution.
Any other
use is expressly prohibited.
Agreement No. 55391
Page 14
15
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF
SUN
MICROSYSTEMS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL
PROPERTY RIGHTS.
You may not use this file except in compliance with the License. You may
obtain
a copy of the License on the web at
http://sun.com/software/communitysource."
ATTACHMENT B
Java(tm) 2 Standard Edition ("J2SE") Technology
Description of "Technology"
Java(tm) 2 Standard Edition Technology v.1.2 as described on the
Technology
Download Site.
ATTACHMENT C
INTERNAL DEPLOYMENT USE
This Attachment C is only effective for the Technology specified in
Attachment
B,upon execution of Attachment D (Commercial Use License). In the event
of a
conflict between the terms of this Attachment C and Attachment D, the
terms of
Attachment D shall govern.
1. Internal Deployment License Grant. Subject to Your compliance with
Section 2
below, and Section 8.10 of the Research Use license (and Your right to
cure
breaches to the extent provided in Section 6. of the Research Use
license); in
addition to the Research Use license and the TCK license, Original
Contributor
grants to You a worldwide, non-exclusive license, to the extent of
Original
Contributor's Intellectual Property Rights covering the Original Code,
Upgraded
Code and Specifications, to do the following:
a) reproduce and distribute internally, Original Code and Upgraded Code
as part
of Compliant Covered Code, and Specifications, for Internal Deployment
Use,
b) compile such Original Code and Upgraded Code, as part of Compliant
Covered
Code, and reproduce and distribute internally the same in Executable
form for
Internal Deployment Use, and
c) reproduce and distribute internally, Reformatted Specifications for
use in
connection with Internal Deployment Use.
2. Additional Requirements and Responsibilities. In addition to the
requirements
and responsibilities described under Section 3.1 of the Research Use
license,
and as a condition to exercising the
Agreement No. 55391
Page 15
16
rights granted under Section 3 above, You agree to the following
additional
requirements and responsibilities:
2.1 Compatibility. All Covered Code must be Compliant Covered Code prior
to any
Internal Deployment Use or Commercial Use, whether originating with You
or
acquired from a third party. Successful compatibility testing must be
completed
in accordance with the TCK License. If You make any further
Modifications to any
Covered Code previously determined to be Compliant Covered Code, you
must ensure
that such modified Covered Code is Compliant Covered Code.
ATTACHMENT D COMMERCIAL USE LICENSE
1. Effect. This Attachment D is to the Sun Community Source License
version 2.3
for Java2 Standard Edition ("SCSL"). You and Original Contributor have
agreed to
the terms of the SCSL. You acknowledge that the SCSL is binding on You.
This
Attachment D is effective only if signed below by You and Original
Contributor,
and applies to Your Commercial Use of Original Code and Upgraded Code.
All
capitalized terms used herein shall have the same meaning setforth in
the SCSL
unless otherwise stated. In the event of a conflict between the express
terms of
this Attachment D and the Research Use license Section 3.1, the terms of
this
Attachment D shall govern.
2. Term. Upon execution of this Attachment D by You and Original
Contributor,
this Commercial Use license shall have a term of 18 months. Upon payment
by You
of the amounts set forth in Section 7 hereof, the term of this
Attachment D
shall be extended by one or two years, as applicable.
3. Commercial Use License Grant. Subject to Your compliance with Section
4
below, Section 8.10 of the SCSL, and the TCK license (and Your right to
cure
breaches to the extent provided in Section 6 of the SCSL); in addition
to the
Research Use license, the TCK license, and the Internal Deployment Use
license,
Original Contributor grants to You a worldwide, non-exclusive, non-
transferable
license, to the extent of Original Contributor's Intellectual Property
Rights
covering the Original Code, Upgraded Code and Specifications, to do the
following within the specified field of use:
a) reproduce and distribute Compliant Covered Code and authorize or
license its
use in compliance with the License by other Licensees;
b) compile Compliant Covered Code and reproduce and distribute the same
in
Executable form directly to end users or through one or multiple tiers
of
distribution and authorize or license its use by others in compliance
with the
License;
c) reproduce and distribute Reformatted Specifications in association
with
Compliant Covered Code and authorize or license their use by others in
compliance with the License; and
Agreement No. 55391
Page 16
17
d) create Modifications for Commercial Use or Internal Deployment Use
under the
provisions of this Attachment D and Section 2.a)(i) of the Research Use
license.
4. Additional Requirements and Responsibilities. In addition to the
requirements
and responsibilities specified in the Research Use license, the TCK
license and
the Internal Deployment license, and as a condition to exercising the
rights
granted in Section 3 above, You agree to the following additional
requirements
and responsibilities:
a) Distribution of Source Code. Source Code of Compliant Covered Code
may be
distributed only to another Licensee of the same Technology.
b) Distribution of Executable Code. You may distribute the Executable
version(s)
of Compliant Covered Code under a license of Your choice, which may
contain
terms different from this License, provided (i) that You are in
compliance with
the terms of this License, and (ii) You must make it absolutely clear
that any
terms which differ from this License are offered by You alone, not by
Original
Contributor or any other Contributor. Commencing with Your first release
of
Compliant Covered Code, each binary copy of Your Linux operating system
distributed by You must include the executable version of Your
implementation of
the Technology (and which must conform to the definition of Compliant
Covered
Code), except that for binary copies made available via web download,
You must
instead make the executable version of Your implementation of the
Technology
(and which must conform to the definition of Compliant Covered Code)
available
for download as well. This section does not require bundling of Your
implementation of the Technology with Your OpenLinux software in fields
of use
outside the scope of Section 7, or in distributions limited to
demonstration,
evaluation, or promotional purposes or copies of Your OpenLinux software
which
must be distributed in order to comply with the GNU General Public
License.
c) Branding. Products integrating Compliant Covered Code used for
Commercial Use
must be branded with the Technology compliance logo under a separate
trademark
license required to be executed by You and Original Contributor
concurrent with
execution of this Attachment D.
5. Indemnity/Limitation of Liability. The provisions of Section 7.1 of
the
Research Use license are superseded by the following:
a) Your Indemnity Obligation. You hereby agree to defend, at Your
expense, any
legal proceeding brought against Original Contributor or any Licensee to
the
extent it is based on a claim: (i) that the use, reproduction or
distribution of
any of Your Error Corrections or Shared Modifications is an infringement
of a
third party trade secret or a copyright in a country that is a signatory
to the
Berne Convention; (ii) based on any representation, warranty, support,
indemnity, liability or other license terms You may offer in connection
with any
Covered Code; or (iii) arising from Your
Agreement No. 55391
Page 17
18
Commercial Use of Covered Code, other than a claim covered by Section
5.b)
below, or a patent claim based solely on Covered Code not provided by
You. You
will pay all damages, costs and fees awarded by a court of competent
jurisdiction, or such settlement amount negotiated by You, attributable
to such
claim.
b) Original Contributor's Indemnity Obligation. Original Contributor
will
defend, at its expense, any legal proceeding brought against You, to the
extent
it is based on a claim that Your authorized Commercial Use of Original
Code and
Upgraded Code is an infringement of a third party trade secret or a
copyright in
a country that is a signatory to the Berne Convention, and will pay all
damages,
costs and fees awarded by a court of competent jurisdiction, or such
settlement
amount negotiated by Original Contributor, attributable to such claim.
The
foregoing shall not apply to any claims of intellectual property
infringement
based upon the combination of code or documentation supplied by Original
Contributor with code, technology or documentation from other sources.
c) Right of Intervention. Original Contributor will have the right, but
not the
obligation, to defend You, at Original Contributor's expense, in
connection with
a claim that Your Commercial Use of Original Code and Upgraded Code is
an
infringement of a third party patent and will, if Original Contributor
chooses
to defend You, pay all damages, costs and fees awarded by a court of
competent
jurisdiction, or such settlement amount negotiated by Original
Contributor,
attributable to such claim.
d) Prerequisites. Under Sections 5.b) and c) above, You must, and under
Section
5.a) above, Original Contributor or any Licensee must: (i) provide
notice of the
claim promptly to the party providing an indemnity; (ii) give the
indemnifying
party sole control of the defense and settlement of the claim; (iii)
provide the
indemnifying party, at indemnifying party's expense, all available
information,
assistance and authority to defend; and (iv) not have compromised or
settled
such claim or proceeding without the indemnifying party's prior written
consent.
e) Additional Remedies. Should any Original Code, Upgraded Code, TCK,
Specifications, Error Corrections, or Modifications become, or in the
indemnifying party's opinion be likely to become, the subject of a claim
of
infringement for which indemnity is provided above, the indemnifying
party may,
at its sole option, attempt to procure on reasonable terms the rights
necessary
for the indemnified party to exercise its license rights under this
License with
respect to the infringing items, or to modify the infringing items so
that they
are no longer infringing without substantially impairing their function
or
performance. If the indemnifying party is unable to do the foregoing
after
reasonable efforts, then the indemnifying party may send a notice of
such
inability to the indemnified party together with a refund of any license
fees
received by the indemnifying party from the indemnified party for the
infringing
items applicable to the indemnified party's future use or distribution
of such
infringing items, in which case the indemnifying party will not be
liable for
any
Agreement No. 55391
Page 18
19
damages resulting from infringing activity with respect to the
infringing items
occurring after such notice and refund.
6. Support Programs.
Support to You. Technical support is not provided to You by Original
Contributor
under this License. You may contract for one or more support programs
from
Original Contributor relating to the Technology which are described on
the SCSL
Webpage.
Customer Support. You are responsible for providing technical and
maintenance
support services to Your customers for Your products and services
incorporating
the Compliant Covered Code.
7. Technology and Payments.
Technology specified in Attachment B.
Field of Use: OpenLinux for the x86, UltraSPARC, Itanium (Merced), and
Power PC
processors
The Solaris reference port and the "release candidate" pre-release
version of
the Linux reference port of the Technology will be made available to You
promptly following execution hereof. Original Contributor will provide
subsequent releases of the Linux reference port as released until
general
commercial availability of such port. Thereafter, You will receive
subsequent
releases as provided under the Master Support Agreement entered into
concurrently herewith. Original Contributor is planning an initial
release of
the Linux reference port of the Technology by June 30, 2000, which will
be made
available to You promptly upon release. In addition, at Your option,
Original
Contributor will separately make available to You (i) its "Blackdown"
binary
reference port of the Java2 Standard Edition runtime environment, under
Original
Contributor's then standard terms and conditions for such software
(except that
in addition You must not expose any APIs to the software, or indicate in
any way
that it is included in any of Your products), at no charge to You; and
(ii) its
commercially released binary Linux reference port of the Java2 Standard
Edition
runtime environment, under Original Contributor's then standard terms
and
conditions for such software (except that You may bundle the software
with Your
LinuxOS), at no charge to You. Your license to the Blackdown port will
terminate
no later than upon release of the Linux reference port of the
Technology.
For the right to distribute, for 18 months from the execution of this
Attachment
D, Compliant Covered Code for Java2 Standard Edition and the Java
HotSpot
Performance Engine (as provided in the separate SCSL and Attachment D
entered
into between the parties concurrently herewith) in compliance with and
subject
to the provisions of the applicable SCSL and its attachments, and in
consideration of the Master Support Agreement between the parties
entered into
concurrently herewith, You hereby agree to pay Original Contributor
a nonrefundable payment in the amount of $1,250,000 as follows: $400,000
within
30
Agreement No. 55391
Page 19
20
days from execution of this Attachment D, and $850,000 by March 24,
2000.
You may elect to pay Original Contributor a nonrefundable payment of
$3,100,000
by March 24, 2000 (instead of $850,000), in which case this Attachment D
will
have a term of three years and six months. Alternatively, You may renew
this
Attachment D (i) for a year (following the 18 month initial term) by
paying
Original Contributor a nonrefundable payment of $1,500,000 by the 18
month
anniversary of the execution date hereof, and (ii) for a third year by
paying
Original Contributor an additional nonrefundable payment of $1,750,000
by the
thirtieth month anniversary of the execution date hereof. The exercise
of option
(i) does not require You to exercise option (ii). Provided that this
Attachment
has been extended to three and a half years as above, You may elect to
extend
this Attachment for up to an additional three years. If You elect to
extend the
term of this Attachment, the pricing for such additional term (excluding
support) will not exceed Original Contributor's applicable then-current
standard
pricing for the license and rights granted herein.
b) [****].
c) Taxes. All payments required by this License shall be made in United
States
dollars, are exclusive of taxes, and You agree to bear and be
responsible for
the payment of all such taxes, including, but not limited to, all sales,
use,
rental receipt, personal property or other taxes and their equivalents
which may
be levied or assessed in connection with this License (excluding only
taxes
based on Original Contributor's net income). To the extent You are
required to
withhold taxes based upon Original Contributor's income in any country,
You
agree to provide Original Contributor with written evidence of such
withholding,
suitable for Original Contributor to obtain a tax credit in the United
States.
8. Notice of Breach or Infringement. Each party shall notify the other
immediately in writing when it becomes aware of any breach or violation
of the
terms of this License, or when You become aware of any potential or
actual
infringement by a third party of the Technology or Sun's Intellectual
Property
Rights therein.
9. Proprietary Rights Notices. You may not remove any copyright notices,
trademark notices or other proprietary legends of Original Contributor
or its
suppliers contained on or in the Original Code, Upgraded Code and
Specifications.
10. Notices. All written notices required by this License must be
delivered in
person or by means evidenced by a delivery receipt and will be effective
upon
receipt by the persons at the addresses specified below.
Original Contributor: You:
Agreement No. 55391
Page 20
****CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED
SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN
REQUESTED WITH RESPECT TO SUCH OMITTED PORTIONS.
21
Sun Microsystems, Inc. Caldera Systems, Inc.
901 San Antonio Road 240 West Center St.
Palo Alto, California 94303 Orem UT 84057
Attn.: VP, Sun Software and
Technology Sales Attn: President,
cc: Sun Software and Technology, cc: Contracts
Administrator
General Counsel
11. Disclaimer of Agency. The relationship created hereby is that of
licensor
and licensee and the parties hereby acknowledge and agree that nothing
herein
shall be deemed to constitute You as a franchisee of Original
Contributor. You
hereby waive the benefit of any state or federal statutes dealing with
the
establishment and regulation of franchises.
12. Marketing. The parties agree on the following:
- - Your participation at Original Contributor's Java/Linux press
announcement.
- - A Java.Sun.Com home page story announcing the parties' relationship,
and a
link from that home page to Your website for six months from the
execution
hereof.
- - A link to Your website from the appropriate Partner Webpage as
determined by
Original Contributor.
- - Java on Linux user group co-marketing efforts.
- - You may participate in Original Contributor's beta and early access
programs
for the Linux port of the Java2 Standard Edition and the Java HotSpot
Performance Engine, under Original Contributor's standard terms and
conditions
for such participation.
- - If and when Original Contributor introduces a J2EE-Ready or similar
branding
program, You may participate at Your option in such program and receive
access
to the TCK as required for such program, all under Original
Contributor's then-
standard terms and conditions for such program, except with no fee to
You.
- - Meeting between You and Original Contributor to discuss Caldera
OpenLinux as
an Original Contributor reference port.
- - You are entitled to two guest speaking slots at each of two Original
Contributor events, as reasonably selected by Original Contributor.
- - You are entitled to two slots in a mutually agreed program at
Original
Contributor's Java University or other similar education facility.
- - Original Contributor will pay up to $50,000 in matching Your actual
payments
for purchasing web banner advertisements promoting all of You, Java2
Standard
Edition and Original Contributor. To qualify for payment from Original
Contributor, You must obtain Original Contributor's prior approval for
such
banner advertisement.
- - Original Contributor will facilitate meetings between You and
Original
Contributor's investment arm, a guest spot on one of Original
Contributor's
internal "radio" broadcasts to employees, meetings with Java marketing
and
product marketing to discuss an international press tour, and a meeting
with
Original Contributor Education executives.
Agreement No. 55391
Page 21
22
- - Original Contributor will work with You to include You as
appropriate in
future public events during the term involving Java technology on the
Linux
platform.
13. Confidentiality. You and Original Contributor shall keep and
maintain in
confidence the terms and conditions of this License. However, either
party may
disclose the general nature of the rights and obligations under this
Attachment
D in the course of business or as required by law or court order.
Agreed:
You: Original Contributor:
Caldera Systems, Inc. Sun Microsystems, Inc.
By: By:
-----------------------------
-----------------------------
Title: Title:
--------------------------
--------------------------
Date: Date:
---------------------------
---------------------------
ATTACHMENT E
TECHNOLOGY COMPATIBILITY KIT
The following license is effective for the Java(tm)2 Standard Edition
Version
1.2 Technology Compatibility Kit and subsequent releases made available
only
upon execution of a separate Master Support Agreement entered into
concurrently
herewith. The Technology Compatibility Kit for the Technology specified
in
Attachment B may be accessed at the Technology Download Site only upon
execution
of the support agreement.
1. TCK License.
a) Subject to the restrictions set forth in Section 1.b below and
Section 8.10
of the SCSL (and Your right to cure breaches to the extent provided in
Section
6. of the SCSL), in addition to the Research Use license, Original
Contributor
grants to You a worldwide, non-exclusive, non-transferable license, to
the
extent of Original Contributor's Intellectual Property Rights in the TCK
(without the right to sublicense), to use the TCK to develop and test
Covered Code. Such Compliant Covered Code may be distributed by You
under the
Commercial Use license.
b) TCK Use Restrictions. You are not authorized to create derivative
works of
the TCK or use the TCK to test any implementation of the Specification
that is
not Covered Code. You may not publish Your test results or make claims
of
comparative compatibility with respect to other implementations of the
Specification. In consideration for the license grant in Section 1.a
above You
agree not
Agreement No. 55391
Page 22
23
to develop Your own tests which are intended to validate conformation
with the
Specification.
2. Requirements for Determining Compliance.
2.1 Definitions.
a) "Added Value" means code which:
(i) has a principal purpose which is substantially different from
that of
the stand-alone Technology;
(ii) represents a significant functional and value enhancement to
the
Technology;
(iii) operates in conjunction with the Technology; and
(iv) is not marketed as a technology which replaces or substitutes
for the
Technology.
The parties agree that Your current (as of the execution date hereof)
version of
OpenLinux operating system software is "Added Value."
b) "Java Classes" means the specific class libraries associated with
each
Technology defined in Attachment B.
c) "Java Runtime Interpreter" means the program(s) which implement the
Java
virtual machine for the Technology as defined in the Specification.
d) "Platform Dependent Part" means those Original Code and Upgraded Code
files
of the Technology which are not in a "share" directory or subdirectory
thereof.
e) "Shared Part" means those Original Code and Upgraded Code files of
the
Technology which are identified as "shared" (or words of similar
meaning) or
which are in any "share" directory or subdirectory thereof, except those
files
specifically designated by Original Contributor as modifiable.
f) "User's Guide" means the user's guide for the TCK which Sun makes
available
to You to provide direction in how to run the TCK and properly interpret
the
results, as may be revised by Sun from time to time.
2.2 Development Restrictions. Compliant Covered Code:
a) must include (such as by being bundled with) Added Value;
b) must fully comply with the Specifications for the Technology
specified in
Attachment B;
c) must include the Shared Part, complete and unmodified;
Agreement No. 55391
Page 23
24
d) may not modify the functional behavior of the Java Runtime
Interpreter or the
Java Classes;
e) may not modify, subset or superset the interfaces of the Java Runtime
Interpreter or the Java Classes;
f) may not subset or superset the Java Classes; and
g) may not modify or extend the required public class or public
interface
declarations whose names begin with "java", "javax", "jini", "net.jini",
"sun.hotjava", "COM.sun" or their equivalents in any subsequent naming
convention.
2.3 Compatibility Testing. Successful compatibility testing must be
completed by
You (or at Original Contributor's option at commercially reasonable cost
and
timeliness, a third party designated by Original Contributor to conduct
such
tests) in accordance with the User's Guide. Further, compatibility
testing must
be conducted using the most current version of the applicable TCK that
was
available from Original Contributor one hundred twenty (120) days (two
hundred
forty [240] days in the case of silicon implementations) prior to: (i)
Your
Internal Deployment Use; and (ii) each release of Compliant Covered Code
by You
for Commercial Use. In the event that You elect to use a version of
Upgraded
Code that is newer than that which is required under this Section 2.3,
then You
agree to pass the version of the TCK that corresponds to such newer
version of
Upgraded Code.
2.4 Test Results. You agree to provide to Original Contributor or the
third
party test facility if applicable, Your test results that demonstrate
that
Covered Code is Compliant Covered Code and that Original Contributor may
publish
or otherwise distribute such test results.
Agreement No. 55391
Page 24
