Reference Guide
97
Licensing
2
License for the Distribution of Compliant Implementations.
Sun 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 Sun or Sun's licensors is granted hereunder. Java, and Java-related
logos, marks and names are trademarks or registered trademarks of Sun Microsystems, Inc. in the
U.S. and other countries.
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 Sun's applicable intellectual property rights; nor (b) authorize your licensees to
make any claims concerning their implementation's compliance with the Specification in
question.
4
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 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.
b
With respect to any patent claims owned by Sun 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 Sun that it has, in the course of performing its
responsibilities as the Specification Lead, induced any other entity to infringe Your patent
rights.
c
Also with respect to any patent claims owned by Sun 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 Sun that its making,
having made, using, offering to sell, selling or importing a Compliant Implementation
infringes Your patent rights.
