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| <a href="#day-spec-license">Day Specification License</a> |
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| <a href="#day-jcr-license">Day JCR License</a> |
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| |
| <a name="day-spec-license"></a> |
| <hr> |
| <h3>Day Specification License</h3> |
| <p>Day Management AG ("Licensor") is willing to license |
| this specification to you ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE |
| TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). Please |
| read the terms and conditions of this Agreement carefully. </p> |
| |
| <p><b>Content Repository for Java<small><sup>TM</sup></small> |
| |
| Technology API Specification ("Specification") <br /> |
| Version: 1.0 <br /> |
| Status: FCS <br> |
| Release: 11 May 2005 </b></p> |
| |
| <p>Copyright 2005 Day Management AG<br /> |
| Barfüsserplatz 6, 4001 Basel, Switzerland.<br /> |
| |
| All rights reserved. </p> |
| |
| <p><b>NOTICE; LIMITED LICENSE GRANTS</b></p> |
| |
| <p><b>1. License for Purposes of Evaluation and Developing Applications</b>. |
| |
| Licensor hereby grants you a fully-paid, non-exclusive, non-transferable, |
| worldwide, limited license (without the right to sublicense), under Licensor's |
| applicable intellectual property rights to view, download, use and reproduce |
| the Specification only for the purpose of internal evaluation. This includes |
| 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.</p> |
| |
| <p><b>2. License for the Distribution of Compliant Implementations</b>. |
| Licensor also grants you a perpetual, non-exclusive, 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).</p> |
| |
| <p><b>3. Pass-through Conditions</b>. |
| 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 Licensor's applicable intellectual property |
| rights; nor (b) authorize your licensees to make any claims concerning their |
| implementation's compliance with the Specification.</p> |
| |
| <p><b>4. Reciprocity Concerning Patent Licenses</b>. |
| 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 that are or would be infringed by all technically |
| feasible implementations of the Specification to develop, distribute and use a |
| Compliant Implementation.</p> |
| |
| <p><b>5. Definitions</b>. |
| For the purposes of this Agreement: "Independent Implementation" |
| shall mean an implementation of the Specification that neither derives from |
| any of Licensor's source code or binary code materials nor, except with an |
| appropriate and separate license from Licensor, includes any of Licensor's |
| source code or binary code materials; "Licensor Name Space" shall |
| mean the public class or interface declarations whose names begin with |
| "java", "javax", "javax.jcr" or their |
| equivalents in any subsequent naming convention adopted by Licensor 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 Licensor which |
| corresponds to the particular version of the Specification being tested.</p> |
| |
| <p><b>6. Termination</b>. This Agreement will terminate immediately without |
| notice from Licensor if you fail to comply with any material provision of or |
| act outside the scope of the licenses granted above.</p> |
| |
| <p><b>7. Trademarks</b>. No right, title, or interest in or to any trademarks, |
| service marks, or trade names of Licensor is granted hereunder. |
| Java is a registered trademark of Sun Microsystems, Inc. in the |
| United States and other countries.</p> |
| |
| <p><b>8. Disclaimer of Warranties</b>. |
| The Specification is provided "AS IS". |
| LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS |
| OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, |
| FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (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.</p> |
| |
| <p>The Specification could include technical inaccuracies or typographical |
| errors. Changes are periodically added to the information therein; these |
| changes will be incorporated into new versions of the Specification, if any. |
| Licensor may make improvements and/or changes to the product(s) and/or the |
| program(s) described in the Specification at any time. Any use of such changes |
| in the Specification will be governed by the then-current license for the |
| applicable version of the Specification.</p> |
| |
| <p><b>9. Limitation of Liability</b>. TO THE EXTENT NOT PROHIBITED BY LAW, IN |
| NO EVENT WILL LICENSOR 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 TO ANY FURNISHING, PRACTICING, MODIFYING |
| OR ANY USE OF THE SPECIFICATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES.</p> |
| |
| <p><b>10. Report</b>. If you provide Licensor with any comments or suggestions |
| in connection with your use of the Specification ("Feedback"), you |
| hereby: (i) agree that such Feedback is provided on a non-proprietary and |
| non-confidential basis, and (ii) grant Licensor 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 related to the Specification |
| and future versions, implementations, and test suites thereof.</p> |
| |
| |
| <a name="day-jcr-license"></a> |
| <hr> |
| <h3>Day JCR License</h3> |
| <xmp> |
| In addition to the permissions granted under the Specification |
| License, Day Management AG hereby grants to You a perpetual, |
| worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
| license to reproduce, publicly display, publicly perform, |
| sublicense, and distribute unmodified copies of the Content |
| Repository for Java Technology API (JCR 2.0) Java Archive (JAR) |
| file ("jcr-2.0.jar") and to make, have made, use, offer to sell, |
| sell, import, and otherwise transfer said file on its own or |
| as part of a larger work that makes use of the JCR API. |
| |
| With respect to any patent claims covered by this license |
| 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 |
| that are or would be infringed by all technically feasible |
| implementations of the Specification to develop, distribute |
| and use a Compliant Implementation. |
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