JSR 232 Binary RI License from the OSGi Alliance
LIMITED LICENSE AGREEMENT
OSGi Alliance (“OSGi”) IS WILLING TO LICENSE THE LICENSED TECHNOLOGY (AS DEFINED BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LIMITED LICENSE AGREEMENT (“AGREEMENT”). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. BY SELECTING “ACCEPT” AND/OR DOWNLOADING OR USING THE LICENSED TECHNOLOGY, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, YOU SHALL NOT DOWNLOAD (IN WHICH CASE SELECT THE “DECLINE” BUTTON) NOR USE THE LICENSED TECHNOLOGY.
In this Agreement, “You” shall mean the individual accepting this Agreement and receiving the Licensed Technology and where such individual is receiving Licensed Technology for other than private use, the legal entity represented by such individual.
In this Agreement, “Licensed Technology” shall mean Reference Implementation of the Java Specification Request (JSR) 232 for J2ME in binary code form.
(c) Copyright 2000-2006 OSGi Alliance
All rights reserved.
1. NOTICE: LIMITED LICENSE GRANTS
1.1 The Licensed Technology and all intellectual property rights relating thereto are owned solely by OSGi and/or its Members or licensors and the Licensed Technology is protected by copyright and may be protected by one or more U.S. patents, foreign patents, or pending applications. Except as provided under the following license, no part of the Licensed Technology may be transferred, distributed or given to any third party, reproduced, copied, exported, sublicensed, rented, leased, amended, modified, reverse engineered, disassembled or used in any form by any means without the prior written authorization of OSGi. Any use of the Licensed Technology and the information described therein will be governed by the terms and conditions of this Agreement.
1.2 Subject to the terms and conditions of this Agreement, OSGi hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense) under the intellectual property rights licensable by OSGi to use the Licensed Technology internally only for the purposes of evaluation, testing the Licensed Technology and developing Your proprietary applications and/or software products.
1.3 Except as expressly set forth in this license, You acquire no right, title or interest in or to the Licensed Technology or any other intellectual property licensable by OSGi or its Members and no other rights are granted by implication, estoppel or otherwise.
1.4 This Agreement is effective from the date of your acceptance of these terms in accordance with the instructions provided above (“Effective Date”) and the term of this Agreement is a period of four (4) months from the said Effective Date. You may terminate this Agreement at any time by permanently deleting, destroying, at Your own costs, the Licensed Technology all backup copies, and all related materials provided by OSGi (if any). Your rights automatically and immediately terminate without notice from OSGi if You fail to comply with any provision of this Agreement. Upon termination, You must destroy the Licensed Technology. Sections 2, 3, 4, 7, and 11 shall survive the termination of this Agreement.
2.1 OSGi is a registered trademark of OSGi Alliance. OSGi Alliance product names are either trademarks or registered trademarks of the OSGi Alliance. Your access to this License Technology shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing in the Licensed Technology without the prior written consent of OSGi or if such mark is owned by an OSGi Member or licensor, such OSGi Member or licensor. No right, title, or interest in or to any trademarks, service marks, or trade names of any third parties, is granted hereunder.
2.2 You shall not be allowed to remove any of the copyright statements or disclaimers or other proprietary notices contained in the Licensed Technology and You are obliged to include the copyright statement and the disclaimers, if any, in any copies of the Licensed Technology You make.
2.3 For clarity, no right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun’s licensors, is granted hereunder. Sun, Sun Microsystems, the Sun logo, Java, J2ME, the Java Coffee Cup logo, and all Java-based marks are trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
3. DISCLAIMER OF WARRANTIES
3.1 THE LICENSED TECHNOLOGY IS PROVIDED “AS IS” AND IS EXPERIMENTAL AND MAY CONTAIN DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY OSGI. OSGI MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT THAT THE CONTENTS OF THE LICENSED TECHNOLOGY ARE SUITABLE FOR ANY PURPOSE OR THAT ANY EVALUATION, PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. THERE IS NO WARRANTY BY OSGI OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE LICENSED TECHNOLOGY TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE OF THE LICENSED TECHNOLOGY AND RESULTS OBTAINED THEREFROM.
4. LIMITATION OF LIABILITY
4.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL OSGI OR ITS MEMBERS or 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 THE USE OF OR INABILITY TO USE THE LICENSED TECHNOLOGY, EVEN IF OSGI AND/OR ITS MEMBERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.2 Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so Section 4.1 may not apply to You in whole, but in such case Section 4.1 will apply to You to the maximum extent permitted by applicable law.
4.3 You will indemnify, hold harmless, and defend OSGi and its Members and licensors from any claims based on your use of the Licensed Technology for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Technology furnished to you are incompatible with the Licensed Technology provided to you under this license.
5. RESTRICTED RIGHTS LEGEND
5.1 Note to U.S. Government Users. The Licensed Technology is a “Commercial Items”, as that term is defined at 48 C.F.R. 2. 101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software Documentation are being licensed to U.S. Government end users a) only as Commercial Items and b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
6.1 You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your evaluation of the Licensed Technology (“Feedback”). To the extent that you provide OSGi with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant OSGi and its Members 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 Licensed Technology and future versions, implementations, and test suites thereof.
7.1 The Licensed Technology is OSGi’s confidential information and You shall be obliged to keep the Licensed Technology as strictly confidential and not to disclose it to third parties without prior written approval by OSGi. You agree to protect the Licensed Technology with the same degree of care that You use to secure and protect Your own confidential and proprietary information.
8. EXPORT CONTROL
8.1 You shall follow all export control laws and regulations relating to the Licensed Technology.
9. TECHNICAL SUPPORT
9.1 OSGi has no obligation to furnish You with technical support unless separately agreed in writing between You and OSGi.
10.1 All notices shall be delivered to:
JSR 232 RI Support
Bishop Ranch 6
2400 Camino Ramon, Suite 375
San Ramon, CA 94583 USA
E-mail Subject: JSR 232 Support
11. APPLICABLE LAW AND DISPUTE RESOLUTION.
You agree to comply with applicable export laws and regulations.
No other rights or licenses 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 all your rights under this Agreement terminate, you agree to cease use of the Software immediately.
This Agreement is governed by the laws of the State of California and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
This Agreement is the only understanding and agreement we have with respect to the Software. It supersedes all other communications, understandings or agreements (oral or written) that we may have had with respect to the Software prior to this Agreement. Only a written agreement signed by both of us can modify this Agreement.
Please send requests for the RI to jsr232 at osgi.org