LicenseDB: sun-ejb-spec-3.0

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key
sun-ejb-spec-3.0
short_name
Sun EJB Specification 3.0
name
Sun EJB Specification 3.0
category
Proprietary Free
owner
Oracle (Sun)
spdx_license_key
LicenseRef-scancode-sun-ejb-spec-3.0
ignorable_copyrights
ignorable_holders
SUN MICROSYSTEMS, INC. 4150 Network Circle, Santa Clara, California 95054, U.S.A
license_text
Specification: JSR-000220 Enterprise JavaBeans v.3.0 ("Specification"
Version: 3.0 
Status: Final Release 
Release: 8 May 2006

Copyright 2006 SUN MICROSYSTEMS, INC. 
4150 Network Circle, Santa Clara, California 95054, U.S.A 
All rights reserved. 

LIMITED LICENSE GRANTS

1. License for Evaluation Purposes. Sun hereby grants you a fully-
paid, non-exclusive, non-transferable, worldwide, limited license
(without the right to sublicense), under Sun’s applicable intellectual
property rights to view, download, use and reproduce the Specification
only for the purpose of internal evaluation. This includes (i)
developing applications intended to run on an implementation of the
Specification, provided that such applications do not themselves
implement any portion(s) of the Specification, and (ii) discussing the
Specification with any third party; and (iii) excerpting brief portions
of the Specification in oral or written communications which discuss the
Specification provided that such excerpts do not in the aggregate
constitute a significant portion of the Specification.

2. License for the Distribution of Compliant Implementations. Sun also
grants you a perpetual, nonexclusive, non-transferable, worldwide, fully
paid-up, royalty free, limited license (without the right to sublicense)
under any applicable copyrights or, subject to the provisions of
subsection 4 below, patent rights it may have covering the Specification
to create and/or distribute an Independent Implementation of the
Specification that: (a) fully implements the Specification including all
its required interfaces and functionality; (b) does not modify, subset,
superset or otherwise extend the Licensor Name Space, or include any
public or protected packages, classes, Java interfaces, fields or
methods within the Licensor Name Space other than those
required/authorized by the Specification or Specifications being
implemented; and (c) passes the Technology Compatibility Kit (including
satisfying the requirements of the applicable TCK Users Guide) for such
Specification ("Compliant Implementation"). In addition, the foregoing
license is expressly conditioned on your not acting outside its scope.
No license is granted hereunder for any other purpose (including, for
example, modifying the Specification, other than to the extent of your
fair use rights, or distributing the Specification to third parties).
Also, no right, title, or interest in or to any trademarks, service
marks, or trade names of Sun or Sun’s licensors is granted hereunder.

Java, and Java-related logos, marks and names are trademarks or
registered trademarks of Sun Microsystems, Inc. in the U.S. and other
countries.

3. Pass-through Conditions. You need not include limitations (a)-(c)
from the previous paragraph or any other particular "pass through"
requirements in any license You grant concerning the use of your
Independent Implementation or products derived from it. However, except
with respect to Independent Implementations and products derived from
them) that satisfy limitations (a)-(c) from the previous paragraph, You
may neither: (a) grant or otherwise pass through to your licensees any
licenses under Sun’s applicable intellectual property rights; nor (b)
authorize your licensees to make any claims concerning their
implementation’s compliance with the Specification in question.

4. Reciprocity Concerning Patent Licenses.

a. With respect to any patent claims covered by the license granted
under subparagraph 2 above that would be infringed by all technically
feasible implementations of the Specification, such license is
conditioned upon your offering on fair, reasonable and non-
discriminatory terms, to any party seeking it from You, a perpetual,
non-exclusive, non-transferable, worldwide license under Your patent
rights which are or would be infringed by all technically feasible
implementations of the Specification to develop, distribute and use a
Compliant Implementation.

b With respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2, whether or not their infringement
can be avoided in a technically feasible manner when implementing the
Specification, such license shall terminate with respect to such claims
if You initiate a claim against Sun that it has, in the course of
performing its responsibilities as the Specification Lead, induced any
other entity to infringe Your patent rights.

c Also with respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2 above, where the infringement of
such claims can be avoided in a technically feasible manner when
implementing the Specification such license, with respect to such
claims, shall terminate if You initiate a claim against Sun that its
making, having made, using, offering to sell, selling or importing a
Compliant Implementation infringes Your patent rights.

5. Definitions. For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the Specification that
neither derives from any of Sun’s source code or binary code materials
nor, except with an appropriate and separate license from Sun, includes
any of Sun’s source code or binary code materials; "Licensor Name Space"
shall mean the public class or interface declarations whose names begin
with "java", "javax", "com.sun" or their equivalents in any subsequent
naming convention adopted by Sun through the Java Community Process, or
any recognized successors or replacements thereof; and "Technology
Compatibility Kit" or "TCK" shall mean the test suite and accompanying
TCK User’s Guide provided by Sun which corresponds to the Specification
and that was available either (i) from Sun 120 days before the first
release of Your Independent Implementation that allows its use for
commercial purposes, or (ii) more recently than 120 days from such
release but against which You elect to test Your implementation of the
Specification.

This Agreement will terminate immediately without notice from Sun if you
breach the Agreement or act outside the scope of the licenses granted
above.

DISCLAIMER OF WARRANTIES

THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not
represent any commitment to release or implement any portion of the
Specification in any product. In addition, the Specification could
include technical inaccuracies or typographical errors.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR
HAVING, IMPLEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN IF SUN
AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

You will indemnify, hold harmless, and defend Sun and its licensors from
any claims arising or resulting from: (i) your use of the Specification;
(ii) the use or distribution of your Java application, applet and/or
implementation; and/or (iii) any claims that later versions or releases
of any Specification furnished to you are incompatible with the
Specification provided to you under this license.

RESTRICTED RIGHTS LEGEND

U.S. Government: If this Specification 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 the
Software and accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 C.F.R. 227.7201 through
227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

REPORT

If you provide Sun with any comments or suggestions concerning the
Specification ("Feedback"), you hereby: (i) agree that such Feedback is
provided on a non-proprietary and non-confidential basis, and (ii) grant
Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable
license, with the right to sublicense through multiple levels of
sublicensees, to incorporate, disclose, and use without limitation the
Feedback for any purpose.

GENERAL TERMS

Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. The U.N. Convention for the
International Sale of Goods and the choice of law rules of any
jurisdiction will not apply.

The Specification is subject to U.S. export control laws and may be
subject to export or import regulations in other countries. Licensee
agrees to comply strictly with all such laws and regulations and
acknowledges that it has the responsibility to obtain such licenses to
export, re-export or import as may be required after delivery to
Licensee.

This Agreement is the parties’ entire agreement relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, conditions, representations and warranties
and prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No
modification to this Agreement will be binding, unless in writing and
signed by an authorized representative of each party.

Rev. April, 2006 Sun/Final/Full