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| <title>Specification License</title> | |
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| Specification: JSR-919 JavaMail API Specification ("Specification") | |
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| Version: 1.5 | |
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| Status: Final Release | |
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| Specification Lead: Oracle America, Inc. ("Specification Lead") | |
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| Release: March 18, 2013 | |
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| Copyright © 2013 Oracle America, Inc. | |
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| All rights reserved. | |
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| <p> | |
| LIMITED LICENSE GRANTS | |
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| 1. License for Evaluation Purposes. Specification Lead hereby grants | |
| you a fully-paid, non-exclusive, non-transferable, worldwide, limited | |
| license (without the right to sublicense), under Specification Lead'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. | |
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| <p> | |
| 2. License for the Distribution of Compliant Implementations. | |
| Specification Lead 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). Also, no | |
| right, title, or interest in or to any trademarks, service marks, or | |
| trade names of Specification Lead or Specification Lead's licensors is | |
| granted hereunder. Java, and Java-related logos, marks and names are | |
| trademarks or registered trademarks of Oracle America, Inc. in the U.S. | |
| and other countries. | |
| </p> | |
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| 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 Specification Lead's applicable | |
| intellectual property rights; nor (b) authorize your licensees to make | |
| any claims concerning their implementation's compliance with the | |
| Specification in question. | |
| </p> | |
| <p> | |
| 4. Reciprocity Concerning Patent Licenses. | |
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| 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. | |
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| b. With respect to any patent claims owned by Specification Lead 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 Specification | |
| Lead that it has, in the course of performing its responsibilities as | |
| the Specification Lead, induced any other entity to infringe Your | |
| patent rights. | |
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| c. Also with respect to any patent claims owned by Specification Lead | |
| 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 | |
| Specification Lead that its making, having made, using, offering to | |
| sell, selling or importing a Compliant Implementation infringes Your | |
| patent rights. | |
| </p> | |
| <p> | |
| 5. Definitions. For the purposes of this Agreement: "Independent | |
| Implementation" shall mean an implementation of the Specification that | |
| neither derives from any of Specification Lead's source code or binary | |
| code materials nor, except with an appropriate and separate license | |
| from Specification Lead, includes any of Specification Lead'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" and "com.oracle" or their equivalents in any | |
| subsequent naming convention adopted by Oracle America, Inc. 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 | |
| Specification Lead which corresponds to the Specification and that was | |
| available either (i) from Specification Lead's 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. | |
| </p> | |
| <p> | |
| This Agreement will terminate immediately without notice from | |
| Specification Lead if you breach the Agreement or act outside the scope | |
| of the licenses granted above. | |
| </p> | |
| <p> | |
| DISCLAIMER OF WARRANTIES | |
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| THE SPECIFICATION IS PROVIDED "AS IS". SPECIFICATION LEAD 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. In addition, the Specification could | |
| include technical inaccuracies or typographical errors. | |
| </p> | |
| <p> | |
| LIMITATION OF LIABILITY | |
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| TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SPECIFICATION | |
| LEAD 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, IMPELEMENTING OR OTHERWISE USING USING THE | |
| SPECIFICATION, EVEN IF SPECIFICATION LEAD AND/OR ITS LICENSORS HAVE | |
| BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You will indemnify, | |
| hold harmless, and defend Specification Lead 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. | |
| </p> | |
| <p> | |
| RESTRICTED RIGHTS LEGEND | |
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| 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). | |
| </p> | |
| <p> | |
| REPORT | |
| <br/> | |
| If you provide Specification Lead 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 Specification Lead 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. | |
| </p> | |
| <p> | |
| GENERAL TERMS | |
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| 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. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
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