Copyright / license statement for the "Content Repository for Java(TM) Technology API Specification"
Day Management AG ("Licensor") is willing to license this specification
to you ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). Please read the terms
and conditions of this Agreement carefully.
Content Repository for Java(TM) Technology API Specification ("Specification")
Release: 11 May 2005
Copyright 2005 Day Management AG
Barfüsserplatz 6, 4001 Basel, Switzerland.
All rights reserved.
NOTICE; LIMITED LICENSE GRANTS
1. License for Purposes of Evaluation and Developing Applications
Licensor hereby grants you a fully-paid, non-exclusive,
non-transferable, worldwide, limited license (without
the right to sublicense), under Licensor's applicable intellectual
property rights to view, download, use and reproduce the Specification
only for the purpose of internal evaluation. This includes 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.
2. License for the Distribution of Compliant Implementations
Licensor 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
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).
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 Licensor's applicable intellectual property rights; nor
(b) authorize your licensees to make any claims concerning their
implementation's compliance with the Specification.
4. Reciprocity Concerning Patent Licenses
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 that are or would be
infringed by all technically feasible implementations of the
Specification to develop, distribute and use a Compliant Implementation.
For the purposes of this Agreement:
"Independent Implementation" shall mean an implementation of the
Specification that neither derives from any of Licensor's source
code or binary code materials nor, except with an appropriate and
separate license from Licensor, includes any of Licensor's source
code or binary code materials;
"Licensor Name Spce" shall mean the public class or interface declarations
whose names begin with "java", "javax", "javax.jcr" or their equivalents
in any subsequent naming convention adopted by Licensor through the
Java Community Process, or any recognized successors or replacements
"Technology Compatibility Kit" or "TCK" shall mean the test suite and
accompanying TCK User's Guide provided by Licensor which corresponds to
the particular version of the Specification being tested.
This Agreement will terminate immediately without notice from Licensor if
you fail to comply with any material provision of or act outside the scope
of the licenses granted above.
No right, title, or interest in or to any trademarks, service marks, or
trade names of Licensor is granted hereunder. Java is a registered
trademark of Sun Microsystems, Inc. in the United States and other
8. Disclaimer of Warranties
The Specification is provided "AS IS".
LICENSOR 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.
The Specification could include technical inaccuracies or typographical
errors. Changes are periodically added to the information therein; these
changes will be incorporated into new versions of the Specification, if
any. Licensor may make improvements and/or changes to the product(s)
and/or the program(s) described in the Specification at any time. Any
use of such changes in the Specification will be governed by the
then-current license for the applicable version of the Specification.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR 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 TO ANY FURNISHING, PRACTICING, MODIFYING
OR ANY USE OF THE SPECIFICATION, EVEN IF LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
If you provide Licensor with any comments or suggestions
in connection with your use of the Specification ("Feedback"), you
(i) agree that such Feedback is provided on a non-proprietary
and non-confidential basis, and
(ii) grant Licensor 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 Specification
and future versions, implementations, and test suites thereof.