JSR 75 Specification License Agreement
BY DOWNLOADING OR USING THE SPECIFICATION ATTACHED HERETO AS EXHIBIT A (THE “SPECIFICATION”), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE SPECIFICATION.
License Grant. The Specification Lead (“PalmSource, Inc.”) hereby grants you (an individual or an entity) a non-exclusive, non-transferable, worldwide, royalty free license to internally within your enterprise use, reproduce and display the Specification.
In the event the you decide to implement the Specification, the Specification Lead also hereby grants you a perpetual, non-exclusive, worldwide, non sub-licenseable, non-transferable, fully paid up, royalty-free and irrevocable license under its licensable copyrights in the Specification to create and /or distribute implementations of the Specification provided that such implementations:
(a) fully implement the Specification including all its required interfaces and functionality;
(b) do not modify, subset, superset or otherwise extend the Licensor Name Space (as defined below), 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 Spec or Specs being implemented; and
(c) pass the Technology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for the Specification.
For purposes of this Agreement, Licensor Name Space means the public class or interface declarations whose names begin with "java", "javax" or their equivalents in any subsequent naming convention adopted through the Java Community Process, or any recognized successors or replacements thereof.
The Specification Lead is also willing to offer to you, under the JSR-75 Patent Implementation License attached hereto as Exhibit B, a separate license, under royalty-free and other reasonable and non-discriminatory terms and conditions, license under certain of its licensable patent claims provided that a reciprocal license is granted by you.
To the extent the Specification Lead provides you with error corrections, upgrades, enhancements, additions, improvements, extension or other modifications to the Specification such error corrections, upgrades, enhancements, additions, improvements, extension or other modifications shall be considered part of the Specification and shall be subject to the terms and conditions of this Agreement.
You agree not to remove any of the copyright statements or disclaimers or other proprietary notices contained in the Specification and to include the copyright statement and the disclaimers, if any, in any copies of the Specification you make.
Support. Although the Specification Lead may try to answer technical support questions you may have regarding the Specification, the Specification Lead has no obligation to provide error corrections, upgrades, enhancements, additions, improvements, extension or other modifications to the Specification or to provide any end user or technical support for the Specification.
No Warranties. SUBJECT TO ANY STATUTORY WARRANTIES OR CONDITIONS WHICH CAN NOT BE EXCLUDED, THE SPECIFICATION AND ANY SUPPORT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY ARE HEREBY DISLCAIMED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SPECIFICATION AND SUPPORT REMAINS WITH YOU.
No Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFICATION LEAD OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA, PROCUREMENT OF SUBSTITUE GOODS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL. SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF THE SPECIFICATION LEAD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ADDITION THE SPECIFICATION LEAD AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.
Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so the above may not apply to you.
Note to U.S. Government Users - The Specification is a "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
General.
You agree to comply with applicable export laws and regulations.
No other rights or licenses are granted by implication, estoppel or otherwise.
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all your rights under this Agreement terminate, you agree to cease use of the Specification immediately.
This Agreement is governed by the laws of the State of New York, without reference to principles of conflicts of laws, and the intellectual property laws of the United States of America. The parties hereby disclaim the applicability of the United Nations Convention on the International Sale of Goods. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
This Agreement is the only understanding and agreement we have with respect to the Specification. It supersedes all other communications, understandings or agreements (oral or written) that we may have had with respect to the Specification prior to this Agreement. Only a written agreement signed by both of us can modify this Agreement.
Exhibit A