JAVA ADVANCED IMAGING DISTRIBUTION LICENSE (VER. 1.1.X)
    2: JAI
    3: 
    4: I. LICENSE GRANTS, TERMS AND RESTRICTIONS
    5: 
    6: 1.0 General License Terms.  This Java Distribution License ("JDL") is
    7: between Sun Microsystems, Inc. ("Sun") and You where "You" means the
    8: individual or legal entity exercising rights under this
    9: JDL. "Technology" means the following as provided under this JDL: (i)
   10: the source code and binary code from the Reference Implementation ("RI")
   11: of the JavaTM Advanced Imaging version 1.1.x Specification (the
   12: "Specification") and related documentation, all as revised or upgraded
   13: and made available hereunder; and (ii) the associated technology
   14: compatibility kit ("TCK"). The TCK contains the TCK documentation,
   15: user's guide ("TCK User's Guide"), test tools and test suite associated
   16: with the Specification, as revised or upgraded by Sun. The TCK is
   17: provided so that You may determine if Your implementation is compliant
   18: with the Specification. "Modifications" means any (i) change or addition
   19: to or derivative of the Technology; or (ii) new source or object code
   20: implementing the Specification for the Technology. "Commercial Use"
   21: means: (i) Your use of the RI and/or  Modifications as part of a
   22: Compatible Implementation within Your business or organization, but only
   23: by Your employees or agents; and/or (ii) any use or distribution,
   24: directly or indirectly by You of the RI and/or Modifications as part of
   25: a Compatible Implementation to any third party, alone or bundled with
   26: any other software or hardware, for direct or indirect commercial or
   27: strategic gain or advantage. By Your use or distribution of the
   28: Technology and Modifications, You agree to the terms of this JDL. 
   29: 
   30: 2.0 License Grants, Restrictions and Termination. 
   31: 
   32: 2.1 Commercial Use and Internal Deployment License Grants. Subject to the
   33: terms of this JDL, Sun grants to You, to the extent of Sun's licensable
   34: copyrights, patents and trade secrets in the RI, a limited,
   35: non-exclusive, non-transferable, worldwide and royalty-free license to
   36: modify, compile, reproduce, distribute, internally use and internally
   37: deploy code and related documentation from the RI and/or Modifications
   38: for Commercial Use, but only as part of Your own Compatible
   39: Implementation (as defined below), and only if You make such
   40: distributions as follows: 
   41: 
   42: (i) Source Code. You can only distribute source code for the RI and
   43: Modifications under all of the following conditions: (a) You make such
   44: distribution under the terms of this JDL; (b) without offering or
   45: imposing any different terms; (c) to a receipient who has accepted the
   46: terms of this JDL; and (d) You provide a copy of this JDL to each such
   47: receipient; 
   48: 
   49: (ii) Binary Code. You can distribute binary code for the RI and 
   50: Modifications but only under license terms which (a) have been accepted
   51: by the receipient; (b) are consistent, and not conflicting, with the
   52: terms of the JDL; and (c) where such terms are no less protective of Sun
   53: than the terms of this JDL.
   54: 
   55: 2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to You,
   56: to the extent of Sun's licensable copyrights, patents and trade secrets
   57: in the TCK, a limited, non-exclusive, non-transferable, worldwide and
   58: royalty-free license to internally use the TCK for the sole purpose of
   59: developing and testing Your Compatible Implementations (as defined
   60: below). 
   61: 
   62: 2.2.1 TCK Master Support Agreement.  If you desire support for the TCK, 
   63: You may execute a separate TCK master support agreement with Sun. 
   64: 
   65: 2.2.2 TCK Use Terms.  Your TCK license grant hereunder is expressly
   66: conditioned upon your continued adherance to the following restrictions: 
   67: 
   68: (i) You may not sublicense or distribute the TCK to any third party
   69: except for any specific TCK code files identified as redistributables in
   70: the TCK User's Guide ("Redistributables"), but only: (a) as part of a
   71: TCK Adaptor accompanying a Compatible Implementation (where a "TCK
   72: Adaptor" means a program that effects interoperability between the TCK
   73: and the Compatible Implementation); and (b) pursuant to a license
   74: agreement that protects Sun's interests consistent with the terms of
   75: the JDL;
   76: 
   77: (ii) You may not create derivative works of the TCK nor of any of its
   78: components except for the Redistributables in a TCK Adaptor;
   79: 
   80: (iii) You may not disassemble or decompile binary portions of the TCK's
   81: test suites or test tools or otherwise attempt to derive the source code
   82: from such binary portions;
   83: 
   84: (iv) You may not develop other test suites intended to validate 
   85: compatibility with the Specification to which the TCK licensed hereunder
   86: corresponds;
   87: 
   88: (v) You may not use the TCK to test a third party's product;
   89: 
   90: (vi) You may not make Commercial Use of code which implements any
   91: portion of the Specification unless such code is included in a
   92: Compatible Implementation;  
   93: 
   94: (vii) You may disclose Test Reports (where "Test Reports" means those 
   95: reports generated by the TCK which identify only configuration
   96: information and the status of individual or aggregate test executions)
   97: for an implementation which You are attempting to certify in accordance
   98: with the terms of this JDL for the sole purpose of making Your
   99: implementation a Compatible Implementation, but you may not make any
  100: claims of comparative compatibility nor disclose any other TCK testing
  101: information to any party.  For example, You cannot claim that Your
  102: implementation is "nearly compatible" or "98% compatible." When You
  103: share Test Reports in any public forum, including mailing lists,
  104: marketing material or press releases, and Your implementation is not a
  105: Compatible Implementation, You must state that Your implementation is
  106: "not compatible;" and
  107: 
  108: (viii) You will protect the TCK as confidential information of Sun and, 
  109: except as expressly authorized herein, You may not disclose the TCK to
  110: any third party. This obligation of confidentiality with respect to the
  111: TCK will survive any termination or expiration of this JDL.
  112: 
  113: 2.3 Term and  Termination. This JDL shall have an initial term of 
  114: three (3) years after your acceptance of this JDL and shall thereafter
  115: automatically renew for additional one year terms unless either party
  116: provides notice to the other party sixty (60) days prior to an
  117: anniversary date. The license grants  of this JDL, are expressly
  118: conditioned upon Your not acting outside their scope, and Your continued 
  119: compliance with the material provisions of this JDL. All license grants
  120: under this JDL will automatically and immediately be revoked without
  121: notice if You fail to so comply. Upon termination or expiration of this
  122: JDL, You must discontinue all use and distribution of the Technology and 
  123: any Compatible Implementation licensed under this JDL. All sublicenses
  124: You have properly granted hereunder shall survive termination or
  125: expiration of Your rights under the JDL. Provisions which should, by
  126: their nature, remain in effect after termination or expiration shall
  127: survive, including, without limitation, the provisions of Article II
  128: (General Terms) and the TCK confidentiality obligations under this JDL.
  129: 
  130: 2.4 General License Restrictions.  Some portions of the Technology are 
  131: provided with notices and/or open source or other licenses from other
  132: parties which govern the use of those portions. Your use or distribution
  133: of encryption technology contained within the Technlogy is subject to
  134: all applicable governmental regulations of the United States of America
  135: and the country where the Technology is deployed. You agree to comply
  136: with the U.S. export controls and trade laws of other countries that
  137: apply to the Technology and Compatible Implementations. You acknowledge
  138: that the Technology is not designed, licensed or intended for use in the
  139: design, construction, operation or maintenance of any nuclear
  140: facility. Other than the rights granted herein, Sun retains all rights,
  141: title, and interest in the Technlogy.
  142: 
  143: 3.0 Compatibility and Use of the TCK.
  144: 
  145: 3.1 Compatible Implementation TCK Requirements.  Your use of the RI and/or
  146: Modifications as part of an implementation of the Specification is a
  147: "Compatible Implementation" if the implementation meets the following
  148: requirements: 
  149: 
  150: 3.1.1 A Compatible Implementation must comply with the full Specification,
  151: including all its required interfaces and functionality; 
  152: 
  153: 3.1.2 A Compatible Implementation must either: (i) pass the most current
  154: compatibility requirements (as defined by the TCK User's Guide) which
  155: were made available by Sun one hundred twenty (120) days before first
  156: commercial shipment ("FCS") of each version of the Compatible
  157: Implementation (eg. if Your FCS was December 31, 2003, You must have
  158: passed the most current version of the TCK as of September 2, 2003); or
  159: (ii) at Your option, pass all the compatibility requirements of a newer
  160: version of the TCK and its associated TCK User's Guide;  
  161: 
  162: 3.1.3 A Compatible Implementation may not modify the functional behavior
  163: of the "Java Classes" which means the specific class libraries associated
  164: with the Technology; and 
  165: 
  166: 3.1.4 A Compatible Implementation may not modify, subset, superset or
  167: otherwise extend the Licensor Name Space, nor include any public or
  168: protected packages, classes, Java interfaces, fields or methods within
  169: the Licensor Name Space other than those required and/or authorized by
  170: the Specification. "Licensor Name Space" means the public class or
  171: interface declarations whose names begin with "java", "javax", "com.sun"
  172: or their equivalents in any subsequent naming convention adopted by Sun
  173: through the Java Community Process, or any recognized successors or
  174: replacements thereof.
  175: 
  176: 3.2 Self-Certification for Compatibility. You shall self-certify that
  177: Your Compatible Implementation passes the applicable TCK as set forth
  178: above, if and when Your Compatible Implementation in fact does so,
  179: provided that: 
  180:  
  181: 3.2.1 If Sun policy (as communicated to You by Sun) also requires
  182: verification of compatibility for Your Compatible Implementation then
  183: You shall, prior to the FCS of the Compatible Implementation, submit
  184: verification of compatibility to Sun or to an independent test facility
  185: designated by Sun. If such verification is by an independent test
  186: facility, then the reasonable costs of such activity (including any
  187: applicable fees) shall be at Your expense. Sun may publish or otherwise
  188: disclose Your test results. 
  189:  
  190: 3.2.2 Upon thirty (30) days written notice by Sun, and no more than 
  191: two (2) times per calendar year, You shall permit Sun or its authorized
  192: representative to inspect and test any Compatible Implementation which
  193: has been self-certified per this subsection 3.2 to ensure that such
  194: Compatible Implementation meets the compatibility and other requirements 
  195: for a Compatible Implementation as set forth herein. The reasonable
  196: costs of such inspection shall be at Sun's expense; provided, however,
  197: that You shall reimburse Sun for such costs if the inspection reveals
  198: that the Compatible Implementation does not meet such requirements and
  199: these deficiencies are not cured within thirty (30) days.
  200: 
  201: 4.0 Fees and Royalties.  There are no fees or royalites associated with
  202: the license grants for the Technology licensed under this JDL. 
  203: 
  204: II. GENERAL TERMS
  205: 
  206: 5.0 No Warranty.  THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS IS",
  207: WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,  IMPLIED OR STATUTORY
  208: INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY AND/OR
  209: MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  210: PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS.  YOU AGREE THAT YOU
  211: BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY
  212: AND ALL TECHNOLOGY AND/OR MODIFICATIONS UNDER THIS JDL. SOME
  213: JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE
  214: ABOVE EXCLUSIONS MAY NOT APPLY TO YOU 
  215: 
  216: 6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole
  217: discretion, upon any action initiated by You alleging that the use or
  218: distribution of the Technology and/or Modifications by Sun, or any other
  219: licensee of the Technology and/or Modifications, infringes a patent
  220: owned or controlled by You. In addition, if any portion of, or
  221: functionality implemented by, the Technology becomes the subject of a
  222: claim or threatened claim of infringement ("Affected Materials"), Sun
  223: may, at its sole option, (i) attempt to procure the rights necessary for
  224: You to continue using the Affected Materials, (ii) modify the Affected
  225: Materials so that they are no longer infringing, or (iii) immediately
  226: suspend Your rights to use and distribute the Affected Materials under
  227: this JDL by providing notice of suspension to You in a reasonable
  228: manner, and refund toYou the amount, if any, having then actually been
  229: paid by You to Sun under this JDL, on a straight line, five year basis .
  230: 
  231: 7.0 Limitation of Liability.   Sun will be not be liable for any claims
  232: relating to, or arising out of, this JDL, whether in tort, contract or
  233: otherwise, in an amount in excess of any annual license fees You paid to
  234: Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT,
  235: SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION
  236: WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT LIMITATION, LOSS OF
  237: PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT
  238: ARISES AND UNDER ANY THEORY OF LIABILITY (including negligence),
  239: REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
  240: SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED
  241: AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY
  242: REMEDY. TO THE EXTENT ANY  INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
  243: CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT BE
  244: DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS
  245: JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES, SHALL BE LIMITED TO
  246: THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR
  247: FIVE HUNDRED US DOLLARS, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT
  248: PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTALS OR CONSEQUENTIAL
  249: DAMAGES SO THE ABOVE EXCLUSION AND LIMITATION  MAY NOT APPLY TO YOU.  
  250: 
  251: 8.0 Support.  Sun does not provide any support for the Technology or
  252: the TCK to either You or Your customers under this JDL. Support for the
  253: TCK is provided under a separate TCK master support agreement. If You
  254: desire support for the RI, You may contact Sun. You are solely
  255: reponsible for providing all support to Your customers with respect to
  256: the Technology, TCK, Modifications and/or Compatible Implementation. 
  257: 
  258: 9.0 Marketing and Press Announcements. Your initial press announcement
  259: concerning execution of this JDL must be reviewed and approved by Sun
  260: prior to its release. You hereby authorizes Sun to include You in a
  261: published list of licensees of the Technology. Sun shall also be
  262: authorized to use Your name in advertising, marketing collateral, and
  263: customer success stories prepared by or on behalf of Sun for the
  264: Technology subject  to Your prior approval, such approval not to be
  265: unreasonably withheld or delayed. 
  266: 
  267: 10.0 Notices.  All notices required by this JDL must be in writing. Sun
  268: shall deliver notice to You via either e-mail or by physical mail based
  269: on the information You provided to Sun when you accepted this
  270: JDL. Notices by You to Sun will be effective only upon receipt by Sun at
  271: the following physical addresses: Sun Microsystems, Inc., 4150 Network
  272: Circle, Santa Clara, California 95054, Attn.: Sun Software VP of Sales,
  273: cc: General Counsel, cc: Product Law Legal Department or to such
  274: different address as Sun provides on the Technology Site for such
  275: purpose.
  276: 
  277: 11.0 Proprietary Rights Notices and Branding Requirements. There are no
  278: specific branding requirements associated with the Technology under this
  279: JDL. You may not remove any copyright notices, trademark notices or
  280: other proprietary legends of Sun or its suppliers contained on or in the
  281: Technology, including any notices of licenses for open source
  282: components. You agree to comply with the Sun Trademark and Logo Usage
  283: Requirements currently located at
  284: http://www.sun.com/policies/trademarks.  Except as provided in this JDL,
  285: no right, title or interest to Sun's trademarks, brands or logos is
  286: granted herein. 
  287: 
  288: 12.0 U.S. Government End Users. The Technology and Modifications are a
  289: "commercial item," as that term is defined in 48 C.F.R. 2.101
  290: (Oct. 1995), consisting of  "commercial computer software" and
  291: "commercial computer software documentation," as such terms are used in
  292: 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
  293: C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
  294: End Users acquire Technology and/or Modifications with only those rights
  295: set forth herein. You agree to pass this notice to Your licensees.
  296: 
  297: 13.0 Miscellaneous.  This JDL is governed by the laws of the United States
  298: and the State of California, as applied to contracts entered into and
  299: performed in California between California residents. The relationship
  300: created under this JDL is that of licensor and licensee and does not
  301: create any other relationship such as a partnership, franchise, joint
  302: venture, agency or employment relationship between the parties. This JDL
  303: may not be assigned or transferred by either party without the prior
  304: written consent of the other party, which consent shall not be
  305: unreasonably withheld or delayed, except that Sun may assign: (i) to an
  306: affiliated company, or (ii) in the event of a merger, acquisition or
  307: sale of all or substantially all of the assets of Sun.  Any express
  308: waiver or failure to exercise promptly any right under this Agreement
  309: will not create a continuing waiver nor any expectation of
  310: non-enforcement. The disclaimer of warranties and limitations of
  311: liability constitute an essential basis of the bargain in this JDL. This
  312: JDL represents the complete agreement of the parties concerning the
  313: subject matter hereof and may not be modified or amended in whole or
  314: part, except by a written instrument signed by the parties' authorized
  315: representatives. Nothing herein shall supersede or modify the terms of
  316: any separate signed written license agreement You may have executed with
  317: Sun regarding the Technology. 
  318: 
  319: YOU:By:  ___________________________________Name:  ___________________________________
  320: 
  321: Title: __________________________________Date: _____________________________________
