| Day Specification License |
| |
| 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. |
| |
| Content Repository for JavaTM Technology API Specification ("Specification") |
| |
| Version: 1.0 |
| Status: FCS |
| Release: 11 May 2005 |
| Copyright 2005 Day Management AG |
| Barfüsserplatz 6, 4001 Basel, Switzerland. |
| All rights reserved. |
| |
| NOTICE; LIMITED LICENSE GRANTS |
| |
| 1. License for Purposes of Evaluation and Developing Applications. 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. |
| 2. License for the Distribution of Compliant Implementations. 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). |
| 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 Licensor's applicable |
| intellectual property rights; nor |
| (b) authorize your licensees to make any claims concerning their implementation's compliance with the Specification. |
| |
| 4. Reciprocity Concerning Patent Licenses. 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. |
| |
| 5. Definitions. 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. |
| |
| 6. Termination. 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. |
| |
| 7. Trademarks. 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. |
| |
| 8. Disclaimer of Warranties. 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. |
| |
| 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. |
| |
| 9. Limitation of Liability. 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. |
| |
| 10. Report. 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. |
| |
| Day JCR License |
| --------------- |
| 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. |
