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10 Specification: JSR-000926 Java 3D<sup><font size="-2">TM</font></sup> API ("Specification")
14 Status: Maintenance Release 2<br>
15 Release: 21 December 2006
18 Copyright 2006-2008 SUN MICROSYSTEMS, INC.<br>
19 4150 Network Circle, Santa Clara, California 95054, U.S.A<br>
23 LIMITED LICENSE GRANTS
26 1. License for Evaluation Purposes. Sun hereby grants you a
27 fully-paid, non-exclusive, non-transferable, worldwide, limited license
28 (without the right to sublicense), under Sun's applicable intellectual
29 property rights to view, download, use and reproduce the Specification
30 only for the purpose of internal evaluation. This includes (i)
31 developing applications intended to run on an implementation of the
32 Specification, provided that such applications do not themselves
33 implement any portion(s) of the Specification, and (ii) discussing the
34 Specification with any third party; and (iii) excerpting brief portions
35 of the Specification in oral or written communications which discuss the
36 Specification provided that such excerpts do not in the aggregate
37 constitute a significant portion of the Specification.
40 2. License for the Distribution of Compliant Implementations. Sun also
41 grants you a perpetual, non-exclusive, non-transferable, worldwide,
42 fully paid-up, royalty free, limited license (without the right to
43 sublicense) under any applicable copyrights or, subject to the
44 provisions of subsection 4 below, patent rights it may have covering the
45 Specification to create and/or distribute an Independent Implementation
46 of the Specification that: (a) fully implements the Specification
47 including all its required interfaces and functionality; (b) does not
48 modify, subset, superset or otherwise extend the Licensor Name Space, or
49 include any public or protected packages, classes, Java interfaces,
50 fields or methods within the Licensor Name Space other than those
51 required/authorized by the Specification or Specifications being
52 implemented; and (c) passes the Technology Compatibility Kit (including
53 satisfying the requirements of the applicable TCK Users Guide) for such
54 Specification ("Compliant Implementation"). In addition, the foregoing
55 license is expressly conditioned on your not acting outside its scope.
56 No license is granted hereunder for any other purpose (including, for
57 example, modifying the Specification, other than to the extent of your
58 fair use rights, or distributing the Specification to third parties).
59 Also, no right, title, or interest in or to any trademarks, service
60 marks, or trade names of Sun or Sun's licensors is granted hereunder.
61 Java, and Java-related logos, marks and names are trademarks or
62 registered trademarks of Sun Microsystems, Inc. in the U.S. and other
66 3. Pass-through Conditions. You need not include limitations (a)-(c)
67 from the previous paragraph or any other particular "pass through"
68 requirements in any license You grant concerning the use of your
69 Independent Implementation or products derived from it. However, except
70 with respect to Independent Implementations (and products derived from
71 them) that satisfy limitations (a)-(c) from the previous paragraph, You
72 may neither: (a) grant or otherwise pass through to your licensees any
73 licenses under Sun's applicable intellectual property rights; nor (b)
74 authorize your licensees to make any claims concerning their
75 implementation's compliance with the Specification in question.
78 4. Reciprocity Concerning Patent Licenses.
81 a. With respect to any patent claims covered by the license granted
82 under subparagraph 2 above that would be infringed by all technically
83 feasible implementations of the Specification, such license is
84 conditioned upon your offering on fair, reasonable and
85 non-discriminatory terms, to any party seeking it from You, a perpetual,
86 non-exclusive, non-transferable, worldwide license under Your patent
87 rights which are or would be infringed by all technically feasible
88 implementations of the Specification to develop, distribute and use a
89 Compliant Implementation.
92 b With respect to any patent claims owned by Sun and covered by the
93 license granted under subparagraph 2, whether or not their infringement
94 can be avoided in a technically feasible manner when implementing the
95 Specification, such license shall terminate with respect to such claims
96 if You initiate a claim against Sun that it has, in the course of
97 performing its responsibilities as the Specification Lead, induced any
98 other entity to infringe Your patent rights.
101 c Also with respect to any patent claims owned by Sun and covered by the
102 license granted under subparagraph 2 above, where the infringement of
103 such claims can be avoided in a technically feasible manner when
104 implementing the Specification such license, with respect to such
105 claims, shall terminate if You initiate a claim against Sun that its
106 making, having made, using, offering to sell, selling or importing a
107 Compliant Implementation infringes Your patent rights.
110 5. Definitions. For the purposes of this Agreement: "Independent
111 Implementation" shall mean an implementation of the Specification that
112 neither derives from any of Sun's source code or binary code materials
113 nor, except with an appropriate and separate license from Sun, includes
114 any of Sun's source code or binary code materials; "Licensor Name Space"
115 shall mean the public class or interface declarations whose names begin
116 with "java", "javax", "com.sun" or their equivalents in any subsequent
117 naming convention adopted by Sun through the Java Community Process, or
118 any recognized successors or replacements thereof; and "Technology
119 Compatibility Kit" or "TCK" shall mean the test suite and accompanying
120 TCK User's Guide provided by Sun which corresponds to the Specification
121 and that was available either (i) from Sun's 120 days before the first
122 release of Your Independent Implementation that allows its use for
123 commercial purposes, or (ii) more recently than 120 days from such
124 release but against which You elect to test Your implementation of the
128 This Agreement will terminate immediately without notice from Sun if you
129 breach the Agreement or act outside the scope of the licenses granted above.
132 DISCLAIMER OF WARRANTIES
135 THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
136 WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
137 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
138 NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
139 IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE
140 SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not
141 represent any commitment to release or implement any portion of the
142 Specification in any product. In addition, the Specification could
143 include technical inaccuracies or typographical errors.
146 LIMITATION OF LIABILITY
149 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
150 LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
151 REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
152 INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
153 THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR
154 HAVING, IMPLEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN
155 IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
158 You will indemnify, hold harmless, and defend Sun and its licensors from
159 any claims arising or resulting from: (i) your use of the Specification;
160 (ii) the use or distribution of your Java application, applet and/or
161 implementation; and/or (iii) any claims that later versions or releases
162 of any Specification furnished to you are incompatible with the
163 Specification provided to you under this license.
166 RESTRICTED RIGHTS LEGEND
169 U.S. Government: If this Specification is being acquired by or on behalf
170 of the U.S. Government or by a U.S. Government prime contractor or
171 subcontractor (at any tier), then the Government's rights in the
172 Software and accompanying documentation shall be only as set forth in
173 this license; this is in accordance with 48 C.F.R. 227.7201 through
174 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
175 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
181 If you provide Sun with any comments or suggestions concerning the
182 Specification ("Feedback"), you hereby: (i) agree that such Feedback is
183 provided on a non-proprietary and non-confidential basis, and (ii) grant
184 Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable
185 license, with the right to sublicense through multiple levels of
186 sublicensees, to incorporate, disclose, and use without limitation the
187 Feedback for any purpose.
193 Any action related to this Agreement will be governed by California law
194 and controlling U.S. federal law. The U.N. Convention for the
195 International Sale of Goods and the choice of law rules of any
196 jurisdiction will not apply.
199 The Specification is subject to U.S. export control laws and may be
200 subject to export or import regulations in other countries. Licensee
201 agrees to comply strictly with all such laws and regulations and
202 acknowledges that it has the responsibility to obtain such licenses to
203 export, re-export or import as may be required after delivery to Licensee.
206 This Agreement is the parties' entire agreement relating to its subject
207 matter. It supersedes all prior or contemporaneous oral or written
208 communications, proposals, conditions, representations and warranties
209 and prevails over any conflicting or additional terms of any quote,
210 order, acknowledgment, or other communication between the parties
211 relating to its subject matter during the term of this Agreement. No
212 modification to this Agreement will be binding, unless in writing and
213 signed by an authorized representative of each party.