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SPECIFICATION TO YOU ONLY
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CONTAINED IN THIS LICENSE
AGREEMENT ("AGREEMENT").? PLEASE READ THE TERMS AND
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Web Services Metadata for the JavaTM Platform
Specification ("Specification")
Version: 1.0
Status: FCS
Release: June 1, 2005
Copyright 2002, 2003,2004,2005 BEA Systems, Inc.
2315 North First Street, San
Jose CA, 95131
All rights reserved.
NOTICE; LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. BEA hereby grants
you a fully-paid,
non-exclusive, non-transfer?able, worldwide, limited
license (without the right
to
sublicense), under BEA's applicable intellectual
property rights to view,
download, use and reproduce the Specification only for
the purpose of internal
eval?uation, which shall be understood to include
developing applications
int
ended 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. BEA also grants
you a perpetual, non-exclusive, non-transferable,
worldwide, fully paid-up,
royalty free, limited license (without the right to
sub?license) under any
applicable copyrights or, subject to the provisions of
subsection 3 below,
patent rights it may have covering the Specification
to create and/or distribute
an 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
Sun Name Space, or include
any public or protected packages, classes, Java
interfaces, fields or methods
within the Sun Name Space other than those
required/authorized by the
Sp
ecification or Specifications being implemented and
(c) passes the Technology
Compatibility Kit for such Specification ("Compliant
Implementation").
3. 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
condi?tioned upon your
offering on fair, reasonable a
nd 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
BEA 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 BEA that it has, in the course of performing
its responsibili
ties as the
Specification Lead, induced any other entity to
infringe Your patent rights.
c Also with respect to any patent claims
owned by BEA and covered by
the license granted under subparagraph, where the
infringement of su
ch 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 BEA that its making, having
made, using, offer
ing to
sell, selling or importing a Compli?ant Implementation
infringes Your patent
rights.
4. Downstream Licenses for Compliant Implementations.
A Downstream Licensee
need not include limitations (a)-(c) from Section 2,
a
bove, or any other
particular "pass through" requirements in any license
the Downstream Licensee
grants concerning the use of its Compliant
Implementation or products derived
from it. However, except with respect to
implementation
s of the Specification
(and products derived from them) by the Downstream
Licensee's licensee that
satisfy requirements (a)-(c) from Section 2, above,
the Downstream Licensee may
neither: (a) grant or otherwise pass through to its
licensees any licensable
copyrights and patent rights of BEA; nor (b) authorize
its licensees to make any
claims concerning their implementation's compliance
with the Specification in
question.
5. Definitions. For the purposes
of this Agreement:
"Technology Compatibility
Kit" or "TCK" shall mean the test suite and
accompanying documentation provided
by BEA which corresponds to the particular version of
the Specification being
tested; "Sun Name Space" sha
ll 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
Microsystems, Inc., through the Java
Community Process, or
any recognized successors or
replacements thereof;
"Downstream Licensee" shall mean a company or
individual that creates an
Compliant Implementation under this Agreement.
BEA shall have the right to terminate this Agreement
imm
ediately notice if you
fail to comply with any material provision of or act
outside the scope of the
licenses granted above.
TRADEMARKS
No right, title, or interest in or to any trademarks,
service marks, or trade
names of BEA or BEA's licensors is granted hereunder.
Java is a registered
trademark of Sun Microsystems, Inc. in the United
States and other countries.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS".? BEA MAKES NO
REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, WARRAN?TIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT
(INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
IMPLEMENT
ATION OF THE
SPECI?FICATION), OR THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY
PUR?POSE.
THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS.?
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATI
ON
THEREIN; THESE CHANGES WILL BE
INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION,
IF ANY.? BEA MAY MAKE
IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR
THE PROGRAM(S) DESCRIBED IN
THE SPECIFICATION AT ANY TIME.? Any use o
f such
changes in the Specification
will be governed by the then-current license for the
applicable version of the
Specification.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
BEA OR ITS BEAS BE
LIABLE
FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
REVENUE, PROFITS OR DATA, OR
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNI?TIVE 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
BEA AND/OR ITS BEAS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend BEA and
its licen
sors from any
claims arising or result?ing from: (i) your use of the
Specification; (ii) the
use or distribution of your application or applet
written to and/or Your
implementation of the Specification; 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
Soft?ware 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
You may wish to report any ambiguities,
inconsis
tencies or inaccuracies you may
find in connection with your use of the Specification
("Feedback"). To the
extent that you provide BEA with any Feedback, you
hereby: (i) agree that such
Feedback is provided on a non-proprietary and
non-confidential basis, and (ii)
grant BEA a perpetual, non-exclusive, worldwide, fully
paid-up, irrevocable
copyright 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.