|Name||Sun Solaris Source Code (Foundation Release) License, Version 1.1|
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: __________________________________
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