License:SSSCFR-1.1
| Name | Sun Solaris Source Code (Foundation Release) License, Version 1.1 |
|---|---|
| URL | http://www.mibsoftware.com/librock/librock/license/ssscfr.txt |
| Comment | This is not a free software license. The license prohibits
redistribution, prohibits commercial use of the software, and can be revoked. |
License text
READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING. BY
ACCEPTING THIS LICENSE, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY THE
TERMS AND CONDITIONS OF THIS LICENSE.
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU
REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE LICENSE.
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY, YOU
MUST BE OF MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO
CONTRACTS.
SUN SOLARIS TM SOURCE CODE (FOUNDATION RELEASE) LICENSE
Version 1.1
I. DEFINITIONS
“Licensee Code” means Reference Code, Contributed Code, and any
combination thereof.
“Licensee” means You, Original Contributor and any other party that
has entered into and has in effect a version of this License for the
Technology with Original Contributor.
“Contributed Code” means Shared Modifications and any other code other
than Reference Code made available on the Technology Site by a
Licensee.
“Contributor” means any Licensee who makes available Contributed Code.
“Covered Code” means any and all code (including Modifications)
implementing all or any portion of the Technology Specifications or
Contributed Code Specifications.
“Interfaces” means classes or other programming code or specifications
designed for use with the Technology comprising a means or link for
invoking functionality, operations or protocols and which are
additional to or extend the interfaces designated in the Technology
Specifications.
“Modifications” means any (i) change or addition to Covered Code, or
(ii) new source or object code implementing any portion of the
Technology Specifications, but (iii) excluding any incorporated
Reference Code.
“Original Contributor” means Sun Microsystems, Inc., its affiliates,
successors and assigns.
“Reference Code” means source code for the Technology designated by
Original Contributor at the Technology Site from time to time.
“Research Use” means research, reference, evaluation, development,
educational or personal use, excluding use or distribution for direct
or indirect commercial (including strategic) gain or advantage.
“Shared Modifications” means those Modifications which Licensee elects
to share with other Licensees.
“Technology Specifications” means the documentation for the Technology
designated by Original Contributor at the Technology Site, from time
to time.
“Technology” means the technology described in and contemplated by the
Technology Specifications.
“Technology Site” means the website designated by Original Contributor
for accessing Licensee Code and Technology Specifications.
“You” means the individual executing this license or the legal entity
or entities represented by the individual executing this
license. “Your” is the possessive of “You”.
II. PURPOSE
Original Contributor is licensing the Reference Code and Technology
Specifications under and subject to this Sun Solaris Source Code
(Foundation Release) License (the License) to promote research,
education, innovation and prototyping using the Technology.
INTERNAL DEPLOYMENT, COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY
AND/OR REFERENCE CODE IN SOURCE CODE OR OBJECT CODE FORM IS NOT
PERMITTED UNDER THIS AGREEMENT.
III. RESEARCH USE RIGHTS
A. From Original Contributor. Subject to and conditioned upon
your full compliance with the terms and conditions of this
License including Section IV (Restrictions and Licensee
Responsibilities) and Section V.E.7 (International Use),
Original Contributor:
1. Grants to You a non-exclusive, worldwide and
royalty-free license to the extent of Original
Contributor’s copyrights and trade secret rights in
and covering the Reference Code and Technology
Specifications to do the following for Your Research
Use only:
a. Reproduce and prepare derivative works of the
Reference Code, in whole or in part, alone or as part
of Covered Code; and
b. Reproduce and prepare derivative works of the
Technology Specifications.
2. will not, during the term of Your License, bring
against You any claim alleging that Your using,
making, having made, importing or distributing
Licensee Code for Your Research Use, insofar as
permitted under Section III.A.1 of this License,
necessarily infringes any patent now owned or
hereafter acquired by Original Contributor whose
claims cover subject matter contained in or embodied
by the Reference Code or which would necessarily be
infringed by the use or distribution of any and all
implementations of the Technology Specifications.
3. grants to You a non-exclusive, worldwide and
royalty-free license, to the extent of its
intellectual property rights therein, to use (i)
Original Contributor’s class, interface and package
names only insofar as necessary to accurately
reference or invoke Your Modifications for Research
Use, and (ii) any associated software tools, documents
and information provided by Original Contributor at
the Technology Site for use in exercising the above
license rights.
B. Contributed Code. Subject to and conditioned upon
compliance with the terms and conditions of this License,
including Sections IV (Restrictions and Licensee
Responsibilities) and V.E.7 (International Use), each
Contributor:
1. grants to each Licensee a non-exclusive, worldwide
and royalty-free license to the extent of such
Contributor’s copyrights and trade secret rights in
and covering its Contributed Code, to reproduce,
prepare derivative works of, and distribute
Contributed Code, in whole or in part, in source code
and object code form, to the same extent as permitted
under such Licensee’s License with Original
Contributor (including all supplements thereto).
2. will not, during the term of the Licensee’s
License, bring against any Licensee any claim alleging
that using, making, having made, importing or
distributing Contributed Code as permitted under this
License necessarily infringes any patent now owned or
hereafter acquired by such Contributor whose claims
would necessarily be infringed by the use or
distribution of the Contributed Code. This covenant
applies to the combination of the Contributed Code and
the Reference Code if, at the time the Contributed
Code is added to Reference Code, such addition of
Contributed Code causes such combination to be covered
by said patents. This covenant shall not apply to any
other combinations which include the Contributed Code.
C. Modifications. You covenant that You will not bring against
Original Contributor and/or Solaris licensees any claim
alleging that any patent now owned or hereafter acquired by
You is infringed by Original Contributor and/or Solaris
licensees where such patent is related to Modifications to the
Reference Code or based on Reference Code. Any permitted
transfer of this Agreement, your Modifications, or such patent
must be subject to this covenant.
D. No Implied Licenses. Neither party is granted any right or
license other than the licenses and covenants expressly set
out herein. Other than the licenses and covenants expressly
set out herein, Original Contributor retains all right, title
and interest in Reference Code and Technology Specifications
and You retain all right, title and interest in Your
Modifications and associated specifications. Except as
expressly permitted herein, You Sun Solaris Source Code (FR)
License 5 December 4, 2000 may not otherwise use any package,
class or interface naming conventions that appear to originate
from Original Contributor.
IV. RESTRICTIONS AND RESPONSIBILITIES.
As a condition to Your license and other rights and immunities, You
must comply with the restrictions and responsibilities set forth
below.
A. Source Code Availability. You may provide Contributed Code
to Original Contributor at any time, in Your
discretion. Original Contributor will post Your Contributed
Code and Contributed Code Specifications on the Technology
Site.
B. Notices. You must reproduce without alteration copyright
and other proprietary notices in any Covered Code that You
create. The statement “Use and Distribution is subject to the
Sun Solaris Source Code (Foundation Release) License available
at “http://www.sun.com/solaris/source” must appear prominently
in Your Modifications and, in all cases, in the same file as
all Your copyright and other proprietary notices.
C. Modifications. You must include a “diff” file with Your
Contributed Code that identifies and details the changes or
additions You made, the version of Reference Code or
Contributed Code You used and the date of such changes or
additions. In addition, you must provide any Contributed Code
Specifications for Your Contributed Code. Your Modifications
are Covered Code and You expressly agree that use and
distribution, in whole or in part, of Your Modifications shall
only be done in accordance with and subject to this License.
D. Extensions.
1. You may create and add “Interfaces” but, unless
expressly permitted at the Technology Site, You may
not incorporate any Reference Code in Your
Interfaces. If You choose to disclose or permit
disclosure of Your Interfaces to even a single third
party for the purposes of enabling such third party to
independently develop and distribute (directly or
indirectly) technology which invokes such Interfaces,
You must then make the Interfaces open by (i) promptly
following completion thereof, publishing to the
industry, on a non-confidential basis and free of all
copyright restrictions, a reasonably detailed, current
and accurate specification for the Interfaces, and
(ii) as soon as reasonably possible, but in no event
more than thirty (30) days following publication of
Your specification, making available on reasonable
terms and without discrimination, a reasonably
complete and practicable test suite and methodology
adequate to create and test implementations of the
Interfaces by a reasonably skilled technologist.
2. You shall not assert any intellectual property
rights You may have covering Your Interfaces which
would necessarily be infringed by the creation, use or
distribution of all reasonable independent
implementations of your specification of such
Interfaces by Sun Solaris Source Code (FR) License 6
December 4, 2000 a Licensee or Original
Contributor. Nothing herein is intended to prevent You
from enforcing any of Your intellectual property
rights covering Your specific implementation of Your
Interfaces or functionality using such Interfaces
other than as specifically set forth in this Section
D.2.
E. Confidential Information. You agree to treat the Reference
Code as confidential information of the Original
Contributor. Reference Code will not be provided by You to any
third party. You will establish appropriate procedures to
prevent the disclosure of such Reference Code.
F. Sharing of Covered Code. You may not share Covered Code
with any non-Licensee under any circumstances. You may only
share Covered Code with other Licensees on the Technology
Site, consistent with any rules or guidelines set forth in
this Agreement and the Technology Site.
V. GOVERNANCE
A. LICENSE VERSIONS. Only Original Contributor may promulgate
new versions of this License. Once You have accepted Reference
Code, Technology Specifications, Contributed Code and/or
Contributed Code Specifications under a version of this
License, You may always continue to use such version of
Reference Code, Technology Specifications, Contributed Code
and/or Contributed Code Specifications under that version of
the License. New code and specifications which You may
subsequently choose to accept will be subject to any new
License in effect at the time of Your acceptance of such code
and specifications.
B. DISCLAIMER OF WARRANTIES.
1. AS IS. COVERED CODE AND ALL SPECIFICATIONS ARE
PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT ANY COVERED CODE OR
SPECIFICATIONS 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 COVERED CODE OR SPECIFICATIONS UNDER THIS
LICENSE. NO USE OF ANY COVERED CODE OR SPECIFICATIONS
IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION
FOR THIS DISCLAIMER.
2. You understand that, although each Licensee grants
the licenses set forth in the License, no assurances
are provided by any Licensee that Covered Code or any
specifications do not infringe the intellectual
property rights of any third party. Sun Solaris
Source Code (FR) License 7 December 4, 2000
3. Hazardous Applications. You acknowledge that
Reference Code and Technology Specifications are
neither designed nor intended for use in the design,
construction, operation or maintenance of any nuclear
facility.
C. LIMITATION ON LIABILITY.
1. Infringement. Each Licensee disclaims any liability
to all other Licensee for claims brought by any third
party based on infringement of intellectual property
rights. Original Contributor represents that, to its
knowledge, it has sufficient copyrights to allow You
to use and distribute the Reference Code as herein
permitted and You represent that, to Your knowledge,
You have sufficient copyrights to allow each Licensee
and Original Contributor to use and distribute Your
Shared Modifications and Error Corrections as
contemplated herein. You agree to notify Original
Contributor should You become aware of any potential
or actual infringement of the Technology or any of
Original Contributor’s intellectual property rights in
the Technology, Reference Code or Technology
Specifications.
2. Suspension. If any portion of, or functionality
implemented by, the Reference Code, Technology or
Technology Specifications becomes the subject of a
claim or threatened claim of infringement (“Affected
Materials”), Original Contributor may, in its
unrestricted discretion, suspend Your rights to use
and distribute the Affected Materials under this
License. Such suspension of rights will be effective
immediately upon Original Contributor’s posting of
notice of suspension on the Technology Site. Original
Contributor has no obligation to lift the suspension
of rights relative to the Affected Materials until a
final, non-appealable determination is made by a court
or governmental agency of competent jurisdiction that
Original Contributor is legally able, without the
payment of a fee or royalty, to reinstate Your rights
to the Affected Materials to the full extent
contemplated hereunder. Upon such determination,
Original Contributor will lift the suspension by
posting a notice to such effect on the Technology
Site. Nothing herein shall be construed to prevent
You, at Your option and expense, and subject to
applicable law and the restrictions and
responsibilities set forth in this License and any
Supplements, from replacing Reference Code in Affected
Materials with non-infringing code or independently
negotiating, without compromising or prejudicing
Original Contributor’s position, to obtain the rights
necessary to use Affected Materials as herein
permitted.
3. Disclaimer. ORIGINAL CONTRIBUTOR’S LIABILITY TO YOU
FOR ALL CLAIMS RELATING TO THIS LICENSE OR ANY
SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS
LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US
$1000.00) OR THE FULL AMOUNT PAID BY YOU FOR THE
MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO
EVENT WILL 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 ECONOMIC ADVANTAGE OF
Sun Solaris Source Code (FR) License 8 December 4,
2000 ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF
LIABILITY WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND
NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF
ANY REMEDY.
D. TERMINATION.
You may terminate this License at any time by notifying
Original Contributor in writing. All Your rights will
terminate under this License if You fail to comply with any of
the material terms or conditions of this License and do not
cure such failure in a reasonable period of time after
becoming aware of such noncompliance.
If You institute patent litigation against a Licensee with
respect to a patent applicable to Licensee Code, then any
patent licenses granted by such Licensee to You under this
License shall terminate as of the date such litigation is
filed. In addition, if You institute patent litigation against
any Licensee or Original Contributor alleging that Reference
Code, Technology or Technology Specifications infringe Your
patent(s), then the rights granted to You under Section III.A
above will terminate.
Upon termination, You must discontinue all uses and
distribution of Licensee Code, except that You may continue to
use, reproduce, prepare derivative works of Your Modifications
(without the benefit of any license arising from this License)
for purposes other than to implement functionality designated
in any portion of the Technology Specifications. Properly
granted sublicenses to third parties will survive termination.
Provisions which, by their nature, should remain in effect
following termination survive.
E. MISCELLANEOUS.
1. Trademark. You agree to comply with Original
Contributor’s Trademark & Logo Usage Requirements, as
modified from time to time, available at the
Technology Site. Except as expressly provided in this
License, You are granted no rights in or to any “Sun”,
“Solaris”, “Jini”, “Jiro” or “Java” trademarks now or
hereafter used or licensed by Original Contributor
(the “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
you own trademarks, product names, service marks,
company names or domain names.
2. Integration and Assignment. Original Contributor
may assign this Research Use License to another by
written notification to the other party. This License
represents the complete agreement of the parties
concerning the subject matter hereof.
3. Severability. If any provision of this License is
held unenforceable, such provision shall be reformed
to the extent necessary to make it enforceable unless
to do so would defeat the intent of the parties.
4. Governing Law. This License 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 Sun Solaris Source Code (FR)
License 9 December 4, 2000 California residents. The
United Nations Convention on Contracts for the
International Sale of Goods shall not apply. Nor shall
any law or regulation which provides that a contract
be construed against the drafter.
5. Dispute Resolution. a. Any dispute arising out of
or relating to this License shall be finally settled
by arbitration as set forth in this Section, except
that either party may bring an action in a court of
competent jurisdiction (which jurisdiction shall be
exclusive), relative to any dispute relating to such
party’s intellectual property rights. Arbitration will
be administered (i) by the American Arbitration
Association (AAA), (ii) in accordance with the rules
of the United Nations Commission on International
Trade Law (UNCITRAL) (the “Rules”) in effect at the
time of arbitration, modified as set forth herein, and
(iii) the arbitrator will apply the governing laws
required under Section E.4 above. Judgment upon the
award rendered by the arbitrator may be entered in any
court having jurisdiction to enforce such award. The
arbitrator may not award damages in excess of or of a
different type than those permitted by this License
and any such award is void. b. All proceedings will
be in English and conducted by a single arbitrator
selected in accordance with the Rules who is fluent in
English, familiar with technology matters pertinent in
the dispute and either a retired judge or practicing
attorney having at least ten (10) years litigation
experience. Venue for arbitration will be in San
Francisco, California, unless the parties agree
otherwise. Each party will be required to produce
documents relied upon in the arbitration and to
respond to no more than twenty-five single question
interrogatories. All awards are payable in US dollars
and may include for the prevailing party (i)
pre-judgment interest, (ii) reasonable attorney’s fees
incurred in connection with the arbitration, and (iii)
reasonable costs and expenses incurred in enforcing
the award.
6. U.S. Government: If this Software is being acquired
by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at
any tier), then the Government’s rights in this
Software and accompanying documentation shall be only
as set forth in this license; this is in accordance
with 48 CFR 227.7201 through 227.7202-4 (for
Department of Defense acquisitions) and with 48 CFR
2.101 and 12.212 (for non-DoD acquisitions).
7. International Use.
a. Covered Code is subject to US export control laws
and may be subject to export or import regulations in
other countries. Each party shall comply fully with
all such laws and regulations and acknowledges its
responsibility to obtain such licenses to export,
re-export or import as may be required. You must pass
through these obligations to all Your licensees. Sun
Solaris Source Code (FR) License 10 December 4, 2000
b. You may not distribute Reference Code or Technology
Specifications into countries other than those listed
on the Technology Site by Original Contributor, from
time to time.
ACCEPTED AND AGREED:
Signature:_____________________________________
Printed Name
and Title:______________________________________
Company: ______________________________________
Date: _________________________________________
SDLC Personal ID: ____________________________
Email Address: _________________________________
Phone Number: __________________________________
Sun Solaris Source Code (FR) License 11 December 4, 2000
ATTACHMENT A-1
STUDENT ACKNOWLDGEMENT
You acknowledge that this software and related documentation has been
obtained by your educational institution subject to the Sun Solaris
Source Code (Foundation Release) License (the License). You have been
provided with access to the software and documentation for use only in
connection with your course work as a matriculated student of your
educational institution.
Commercial use of the software and documentation is expressly
prohibited.
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS
OF SUN MICROSYSTEMS, INC. PROTECTED BY VARIOUS INTELLECTUAL PROPERTY
RIGHTS. YOUR USE OF THE SOFTWARE AND DOCUMENTATION IS LIMITED. YOU
ACKNOWLEDGE THAT THE SOFTWARE AND RELATED DOCUMENTATION SHALL BE
TREATED AS CONFIDENTIAL INFORMATION.
- - - - - - - - -Signature:__________________________________
Printed Name:______________________________
Date: _________________________________________
SDLC Personal ID: ____________________________
Email Address: _________________________________
Phone Number: __________________________________
Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.
The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.
