Specification License
Oracle USA (the “Spec Lead”) for the XQuery API for Java specification (the “Specification”) hereby grant a perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable (except as explicitly set forth below) license to copy and display the Specification, in any medium without fee or royalty, provided that you include the following on ALL copies, or portions thereof, that you make:
1. A link or URL to the Specification at this location: http://jcp.org/aboutJava/communityprocess/final/jsr225/index.html.
2. The copyright notice as shown herein.
In addition, to the extent that an implementation of the Specification would be considered a derivative work under applicable law requiring a license grant from the holder of the copyright in the Specification, the Spec Lead grants a copyright license solely for the purpose of making and/or distributing an implementation of the Specification that: (a) except for the RI code licensed from Oracle under the RI License which is attached hereto as Exhibit B, does not include or otherwise make any use of the RI; (b) fully implements the Specification including all of its required interfaces and functionality; (c) does not modify, subset, superset or otherwise extend those public class or interface declarations whose names begin with “java;” and (d) passes the TCK.
The
Spec Lead also agrees, upon request, to grant a perpetual, non-exclusive,
worldwide, non sub-licensable, non-transferable, royalty-free fully paid-up
license, for the sole purposes of making, having made, using, selling and
offering for sale, implementations of the Specification that meet the
requirements of (a) - (d) above, under those respective patent claims that they
own, or have the authority to license, for which there is no technically
feasible way of avoiding infringement in the course of implementing the
Specification (“Necessary Patent Claims”).
The licenses and agreement to license set forth above are conditional upon licensee’s offering a license, on fair, reasonable and non-discriminatory terms to Necessary Patent Claims that they own or have the authority to license to make, have made, use, sell and offer for sale, implementations of the Specification that meet the requirements of (a) - (d) above, to all other licensees to the Specification who agree to offer a similar license and not initiating any claim that either Specification Lead, has, in the course of performing its responsibilities as the Specification Lead, induced any other entity to infringe the licensee’s patent rights.
THE SPECIFICATION IS PROVIDED "AS IS," AND THE SPEC LEAD AND ANY OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY PATENTS (INCLUDING, WITHOUT LIMITATION, PATENTS OF THE SPECIFICATION LEADS), COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE SPEC LEAD AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SPECIFICATION OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
The name and trademarks of the Spec Lead or any other Authors may NOT be used in any manner, including advertising or publicity pertaining to the Specification or its contents without specific, written prior permission. Title to copyright in the Specification will at all times remain with the Authors.
No other rights are granted by implication, estoppel or otherwise.
Exhibit
B
Reference Implementation
License
1. Oracle USA (the “Spec Lead”) for the XQuery API for Java Specification (the “Specification”) hereby grants a perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable (except as expressly set forth below) copyright license to use, modify and distribute the Reference Implementation (“RI”) in either source or binary form, with or without modification; provided that the following conditions are met:
A. Redistributions of the source code for the RI must include the following copyright notice and disclaimer of warranties together with this license.
B. Redistributions in binary form must reproduce the following copyright notice and disclaimer of warranties and this license in the documentation and/or other materials provided with the distribution.
C. Modified code, whether distributed in source or binary form, is clearly identified as such.
Copyright © 2003. 2007 Oracle
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED, IMPLIED OR STAUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT ARE DISCLAIMED. IN NO EVENT SHALL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ORACLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. In addition, Oracle USA hereby grants a perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable (except as expressly set forth below) license under any patent claims licensable by Oracle for which there is no technically feasible way of avoiding infringement in the course of implementing the Specification or in the use of RI code as originally distributed by Oracle (the "Unmodified RI Code") or a compiled version thereof, the right to make, have made, use, offer to sell, sell or import:
A. the Unmodified RI Code, or
B. any derivative thereof solely to the extent such derivative:
(a) is used and distributed as part of a complete binary implementation that 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(s); and
(c) passes the TCK for the Specification.
3. The licenses granted herein are conditional upon licensee's not initiating a claim against Oracle or any licensee under this Agreement concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringement in the course of implementing the Specification or in the use of Unmodified RI Code.
4. Licensee may license derivatives works of the RI under any license of your choosing that is not inconsistent with the terms of this license. However, unless the derivative works comply with the requirements of 2B above, licensee may neither: (i) grant or otherwise pass through to its sublicensees any licensable copyrights and patent rights of the Oracle as Spec Lead; nor (ii) authorize its sublicensees to make any claims concerning their implementation’s compliance with the Specification.
Exhibit C
Technology Compatibility Kit License Agreement
No Warranties. The TCK contained herein is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, this material is provided AS IS AND WITH ALL FAULTS, and the developers of this material hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL.
Limitation of Liability. IN NO EVENT WILL ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Covenant Not to Assert. As a material condition to this license you hereby agree, to the extent that you have any patents which cover the use of the TCK in any manner permitted under this License, not to assert any such patents against the developers or distributors of the TCK or any other parties who have entered into a license substantially similar to this License for the licensed use of the TCK.
Reciprocity. You may have, or may have in the future, the ability to license specifications and/or test suites developed or distributed pursuant to the Java Community Process ("Java Materials"). You acknowledge that under this license you are receiving the TCK under reasonable royalty-free terms. While you are not obligated to make Java Materials available, if you do so and do not license them under reasonable royalty-free terms, the licensor reserves the right to revoke this license upon reasonable notice. In the event this occurs, the licensor will make available to you a substitute license under commercial terms, including possibly royalties and other restrictions. For the purpose of this paragraph, terms are not reasonable terms if they are more restrictive than this license or if they discriminate against any individual or group of JCP members or against implementers of independent implementations or open source implementations
Compatibility Claims. You may not claim that any version or release of software passes the TCK, and therefore is compatible with the Specification, unless it is capable of passing the most current version of the TCK available 120 days prior to the date of its first shipment to customers. You will make available information regarding the version of the TCK passed, upon request. You agree that any claims regarding compliance with the Specification will be factually accurate and will not be misleading.
General.
No other rights 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 your rights under this Agreement
terminate, you agree to cease use of the TCK immediately and cease making any
claims of compatibility regarding the Specification based on the use of the
TCK.
This Agreement is governed
by the laws of the State of