JSR 232 TCK

Commercial License

OSGi Compliance Tests License, V 1.0 released as the TCK for JSR 232

This Compliance Tests License Agreement (“Agreement”) is entered into on the Effective Date by and between

_____________________________________________________ (insert licensee details) (“Licensee”), and

The OSGi Alliance, Inc., Bishop Ranch 6, 2400 Camino Ramon, Suite 375, San Ramon, CA 94583, USA, (“OSGi”).

Licensee and OSGi shall be referred to herein as Party or Parties.

“Specification” shall be those portions of the OSGi adopted specifications or standards which are referenced by the relevant Java Specification Request (“JSR”) final output as being required for compliance with such JSR, as such may be updated from time to time by the JSR Specification Lead.

“Compliance Tests” shall be those OSGi Compliance Tests (including software and documentation) that test compliance with the Specification as identified by the final output of the relevant JSR, as such may be updated from time to time by the JSR Specification Lead.

License Grant

You are hereby granted a non-transferable and non-sublicenseable, nonexclusive, world-wide license to use the Compliance Tests solely for the purpose of testing compliance of any software with the Specification. You may not modify or create derivative works of any of the Compliance Tests except as is necessary to fulfill the purpose described above. You may not distribute copies of the Compliance Tests to other parties for any purpose, including for the purpose of allowing such other party to use the Compliance Tests, provided however that any license granted hereunder shall cover your subcontractors when performing work for you. You shall be fully responsible and liable for your subcontractors’ compliance with the terms and conditions of this Agreement. You may not modify or incorporate the Compliance Tests into any other software.

Charges and Term

The cost for this license is $50,000 USD for a term of 3 years from the receipt of payment, payable against an invoice to be issued by OSGi.

Testing on behalf of Third Parties

During the license term the licensee may use the Compliance Tests to certify compatibility of Third Party implementations of the specification. For each Third Party the licensee tests on behalf of, an additional $50,000 USD payment must be made to the OSGi as described in the terms above. The Licensee assumes responsibility to ensure that the Third Party implementation meets the compatibility requirements.

No Warranties

The Compliance Tests 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 THE OSGi ALLIANCE, ITS MEMBERS, 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 Compliance Tests in any manner permitted under this License, not to assert, for the licensed use of the Compliance Tests, any such patents against the developers or distributors of the Compliance Tests, or the OSGi Alliance, its members, or any other parties who have entered into a license substantially similar to this Agreement.

Compatibility Claims

You may not claim that any version or release of software passes the Compliance Tests, and therefore is compatible with the Specification, unless it is capable of passing the most current version of the Compliance Tests available 1 year prior to the date of the first shipment of the software to customers. In addition, you may not claim that any version or release of software is compatible with any specific OSGi Specification unless such Software or derivative works is capable of passing the OSGi’s Specification compatibility testing requirements, as defined by the OSGi Alliance. You agree to make information available regarding the version of the Compliance Tests 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 Compliance Tests immediately and cease making any claims of compatibility regarding the Specification based on the use of the Compliance Tests.

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.

(INSERT LICENSEE)				The OSGi ALLIANCE


By:  ____________________			By:   ___________________

Name:__________________				Name:  _________________

Title: ___________________ 			Title:  __________________

Effective Date: ___________________

EXHIBIT A

The “SOFTWARE” to which this license applies is the Compliance Tests.

TCK Access

Please send requests for the TCK to jsr232 at osgi.org