Adding Java Distribution Licence

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+Sun Confidential and Proprietary
+JAVA DISTRIBUTION LICENSE ( VER. 1.0)
+Java 3D
+I. LICENSE GRANTS, TERMS AND RESTRICTIONS
+1.0 General License Terms. This Java Distribution License ("JDL") is between Sun Microsystems, Inc. ("Sun") and You where \u201cYou\u201d means the
+individual or legal entity exercising rights under this JDL. "Technology" means the following as provided under this JDL: (i) the source code and binary code
+from the Reference Implementation ("RI") of the Java 3DTM version 1.5 Specification (the "Specification") and related documentation, all as revised or upgraded
+and made available hereunder; and (ii) the associated technology compatibility kit ("TCK"). The TCK contains the TCK documentation, user's guide ("TCK
+User's Guide"), test tools and test suite associated with the Specification, as revised or upgraded by Sun. The TCK is provided so that You may determine if
+Your implementation is compliant with the Specification. \u201cModifications\u201d means any (i) change or addition to or derivative of the Technology; or (ii) new
+source or object code implementing the Specification for the Technology. "Commercial Use\u201d means: (i) Your use of the RI and/or Modifications as part of a
+Compatible Implementation within Your business or organization, but only by Your employees or agents; and/or (ii) any use or distribution, directly or
+indirectly by You of the RI and/or Modifications as part of a Compatible Implementation to any third party, alone or bundled with any other software or
+hardware, for direct or indirect commercial or strategic gain or advantage. By Your use or distribution of the Technology and Modifications, You agree to the
+terms of this JDL.
+2.0 License Grants, Restrictions and Termination.
+2.1 Commercial Use and Internal Deployment License Grants. Subject to the terms of this JDL, Sun grants to You, to the extent of Sun's licensable
+copyrights, patents and trade secrets in the RI, a limited, non-exclusive, non-transferable, worldwide and royalty-free license to modify, compile, reproduce,
+distribute, internally use and internally deploy code and related documentation from the RI and/or Modifications for Commercial Use, but only as part of Your
+own Compatible Implementation (as defined below), and only if You make such distributions as follows:
+(i) Source Code. You can only distribute source code for the RI and Modifications under all of the following conditions: (a) You make such
+distribution under the terms of this JDL; (b) without offering or imposing any different terms; (c) to a receipient who has accepted the terms of this JDL; and (d)
+You provide a copy of this JDL to each such receipient;
+(ii) Binary Code. You can distribute binary code for the RI and Modifications but only under license terms which (a) have been accepted by the
+receipient; (b) are consistent, and not conflicting, with the terms of the JDL; and (c) where such terms are no less protective of Sun than the terms of this JDL.
+2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to You, to the extent of Sun's licensable copyrights, patents and trade secrets in the
+TCK, a limited, non-exclusive, non-transferable, worldwide and royalty-free license to internally use the TCK for the sole purpose of developing and testing
+Your Compatible Implementations (as defined below).
+2.2.1 TCK Master Support Agreement. If you desire support for the TCK, You may execute a separate TCK master support agreement with Sun.
+2.2.2 TCK Use Terms. Your TCK license grant hereunder is expressly conditioned upon your continued adherance to the following restrictions:
+(i) You may not sublicense or distribute the TCK to any third party except for any specific TCK code files identified as redistributables in the TCK
+User's Guide ("Redistributables"), but only: (a) as part of a TCK Adaptor accompanying a Compatible Implementation (where a "TCK Adaptor" means a
+program that effects interoperability between the TCK and the Compatible Implementation); and (b) pursuant to a license agreement that protects Sun's interests
+consistent with the terms of the JDL;
+(ii) You may not create derivative works of the TCK nor of any of its components except for the Redistributables in a TCK Adaptor;
+(iii) You may not disassemble or decompile binary portions of the TCK's test suites or test tools or otherwise attempt to derive the source code from
+such binary portions;
+(iv) You may not develop other test suites intended to validate compatibility with the Specification to which the TCK licensed hereunder
+corresponds;
+(v) You may not use the TCK to test a third party\u2019s product;
+(vi) You may not make Commercial Use of code which implements any portion of the Specification unless such code is included in a Compatible
+Implementation;
+(vii) You may disclose Test Reports (where "Test Reports" means those reports generated by the TCK which identify only configuration information
+and the status of individual or aggregate test executions) for an implementation which You are attempting to certify in accordance with the terms of this JDL for
+the sole purpose of making Your implementation a Compatible Implementation, but you may not make any claims of comparative compatibility nor disclose
+any other TCK testing information to any party. For example, You cannot claim that Your implementation is "nearly compatible" or "98% compatible." When
+You share Test Reports in any public forum, including mailing lists, marketing material or press releases, and Your implementation is not a Compatible
+Implementation, You must state that Your implementation is "not compatible;" and
+(viii) You will protect the TCK as confidential information of Sun and, except as expressly authorized herein, You may not disclose the TCK to any
+third party. This obligation of confidentiality with respect to the TCK will survive any termination or expiration of this JDL.
+Java 3D/Java Distribution Lic. 1 5 Dec 2006/jbn
+Sun Confidential and Proprietary
+2.3 Term and Termination. This JDL shall have an initial term of two (2) years after your acceptance of this JDL and shall thereafter automatically
+renew for additional one year terms unless either party provides notice to the other party sixty (60) days prior to an anniversary date. The license grants of this
+JDL, are expressly conditioned upon Your not acting outside their scope, and Your continued compliance with the material provisions of this JDL. All license
+grants under this JDL will automatically and immediately be revoked without notice if You fail to so comply. Upon termination or expiration of this JDL, You
+must discontinue all use and distribution of the Technology and any Compatible Implementation licensed under this JDL. All sublicenses You have properly
+granted hereunder shall survive termination or expiration of Your rights under the JDL. Provisions which should, by their nature, remain in effect after
+termination or expiration shall survive, including, without limitation, the provisions of Article II (General Terms) and the TCK confidentiality obligations under
+this JDL.
+2.4 General License Restrictions. Some portions of the Technology are provided with notices and/or open source or other licenses from other parties
+which govern the use of those portions. Your use or distribution of encryption technology contained within the Technlogy is subject to all applicable
+governmental regulations of the United States of America and the country where the Technology is deployed. You agree to comply with the U.S. export
+controls and trade laws of other countries that apply to the Technology and Compatible Implementations. You acknowledge that the Technology is not
+designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Other than the rights granted herein, Sun
+retains all rights, title, and interest in the Technlogy.
+3.0 Compatibility and Use of the TCK.
+3.1 Compatible Implementation TCK Requirements. Your use of the RI and/or Modifications as part of an implementation of the Specification is a
+"Compatible Implementation" if the implementation meets the following requirements:
+3.1.1 A Compatible Implementation must comply with the full Specification, including all its required interfaces and functionality;
+3.1.2 A Compatible Implementation must either: (i) pass the most current compatibility requirements (as defined by the TCK User's Guide) which
+were made available by Sun one hundred twenty (120) days before first commercial shipment ("FCS") of each version of the Compatible Implementation (eg. if
+Your FCS was December 31, 2003, You must have passed the most current version of the TCK as of September 2, 2003); or (ii) at Your option, pass all the
+compatibility requirements of a newer version of the TCK and its associated TCK User's Guide;
+3.1.3 A Compatible Implementation may not modify the functional behavior of the "Java Classes" which means the specific class libraries
+associated with the Technology; and
+3.1.4 A Compatible Implementation may not modify, subset, superset or otherwise extend the Licensor Name Space, nor include any public or
+protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required and/or authorized by the Specification.
+"Licensor Name Space" means the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any
+subsequent naming convention adopted by Sun through the Java Community Process, or any recognized successors or replacements thereof.
+3.2 Self-Certification for Compatibility. You shall self-certify that Your Compatible Implementation passes the applicable TCK as set forth above, if and
+when Your Compatible Implementation in fact does so, provided that:
+3.2.1 If Sun policy (as communicated to You by Sun) also requires verification of compatibility for Your Compatible Implementation then You shall,
+prior to the FCS of the Compatible Implementation, submit verification of compatibility to Sun or to an independent test facility designated by Sun. If such
+verification is by an independent test facility, then the reasonable costs of such activity (including any applicable fees) shall be at Your expense. Sun may
+publish or otherwise disclose Your test results.
+3.2.2 Upon thirty (30) days written notice by Sun, and no more than two (2) times per calendar year, You shall permit Sun or its authorized
+representative to inspect and test any Compatible Implementation which has been self-certified per this subsection 3.2 to ensure that such Compatible
+Implementation meets the compatibility and other requirements for a Compatible Implementation as set forth herein. The reasonable costs of such inspection
+shall be at Sun\u2019s expense; provided, however, that You shall reimburse Sun for such costs if the inspection reveals that the Compatible Implementation does not
+meet such requirements and these deficiencies are not cured within thirty (30) days.
+4.0 Fees and Royalties. There are no fees or royalites associated with the license grants for the Technology licensed under this JDL.
+II. GENERAL TERMS
+5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,
+IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY AND/OR MODIFICATIONS ARE FREE OF DEFECTS,
+MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN
+CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND/OR MODIFICATIONS UNDER THIS JDL. SOME JURISDICTIONS
+DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
+Java 3D/Java Distribution Lic. 2 5 Dec 2006/jbn
+Sun Confidential and Proprietary
+6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole discretion, upon any action initiated by You alleging that the use or
+distribution of the Technology and/or Modifications by Sun, or any other licensee of the Technology and/or Modifications, infringes a patent owned or
+controlled by You. In addition, if any portion of, or functionality implemented by, the Technology becomes the subject of a claim or threatened claim of
+infringement ("Affected Materials"), Sun may, at its sole option, (i) attempt to procure the rights necessary for You to continue using the Affected Materials, (ii)
+modify the Affected Materials so that they are no longer infringing, or (iii) immediately suspend Your rights to use and distribute the Affected Materials under
+this JDL by providing notice of suspension to You in a reasonable manner, and refund toYou the amount, if any, having then actually been paid by You to Sun
+under this JDL, on a straight line, five year basis .
+7.0 Limitation of Liability. Sun will be not be liable for any claims relating to, or arising out of, this JDL, whether in tort, contract or otherwise,
+in an amount in excess of any annual license fees You paid to Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT,
+SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS JDL (INCLUDING,
+WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND UNDER
+ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED AND EXCLUDED,
+NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE, SPECIAL,
+INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT BE DISCLAIMED THEN THE
+ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES, SHALL BE
+LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR FIVE HUNDRED US DOLLARS,
+WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTALS OR
+CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
+8.0 Support. Sun does not provide any support for the Technology or the TCK to either You or Your customers under this JDL. Support for the
+TCK is provided under a separate TCK master support agreement. If You desire support for the RI, You may contact Sun. You are solely reponsible for
+providing all support to Your customers with respect to the Technology, TCK, Modifications and/or Compatible Implementation.
+9.0 Marketing and Press Announcements. Your initial press announcement concerning execution of this JDL must be reviewed and approved by Sun
+prior to its release. You hereby authorizes Sun to include You in a published list of licensees of the Technology. Sun shall also be authorized to use Your name
+in advertising, marketing collateral, and customer success stories prepared by or on behalf of Sun for the Technology subject to Your prior approval, such
+approval not to be unreasonably withheld or delayed.
+10.0 Notices. All notices required by this JDL must be in writing. Sun shall deliver notice to You via either e-mail or by physical mail based on the
+information You provided to Sun when you accepted this JDL. Notices by You to Sun will be effective only upon receipt by Sun at the following physical
+addresses: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, Attn.: Sun Software VP of Sales, cc: General Counsel, cc: Product
+Law Legal Department or to such different address as Sun provides on the Technology Site for such purpose.
+11.0 Proprietary Rights Notices and Branding Requirements. There are no specific branding requirements associated with the Technology under this JDL.
+You may not remove any copyright notices, trademark notices or other proprietary legends of Sun or its suppliers contained on or in the Technology, including
+any notices of licenses for open source components. You agree to comply with the Sun Trademark and Logo Usage Requirements currently located at
+http://www.sun.com/policies/trademarks. Except as provided in this JDL, no right, title or interest to Sun's trademarks, brands or logos is granted herein.
+12.0 U.S. Government End Users. The Technology and Modifications are a \u201ccommercial item,\u201d as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
+consisting of \u201ccommercial computer software\u201d and \u201ccommercial computer software documentation,\u201d as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
+Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Technology and/or
+Modifications with only those rights set forth herein. You agree to pass this notice to Your licensees.
+13.0 Miscellaneous. This JDL is governed by the laws of the United States and the State of California, as applied to contracts entered into and performed
+in California between California residents. The relationship created under this JDL is that of licensor and licensee and does not create any other relationship
+such as a partnership, franchise, joint venture, agency or employment relationship between the parties. This JDL may not be assigned or transferred by either
+party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed, except that Sun may assign: (i) to an
+affiliated company, or (ii) in the event of a merger, acquisition or sale of all or substantially all of the assets of Sun. Any express waiver or failure to exercise
+promptly any right under this Agreement will not create a continuing waiver nor any expectation of non-enforcement. The disclaimer of warranties and
+limitations of liability constitute an essential basis of the bargain in this JDL. This JDL represents the complete agreement of the parties concerning the subject
+matter hereof and may not be modified or amended in whole or part, except by a written instrument signed by the parties' authorized representatives. Nothing
+herein shall supersede or modify the terms of any separate signed written license agreement You may have executed with Sun regarding the Technology.
+YOU: By: ___________________________________ Name: ___________________________________
+Title: __________________________________ Date: _____________________________________
+Java 3D/Java Distribution Lic. 3 5 Dec 2006/jbn