cocoon-dev mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Vadim Gritsenko" <vadim.gritse...@verizon.net>
Subject RE: xml-cocoon2 status, RE: Hailing all committers.
Date Wed, 30 Jan 2002 16:25:11 GMT
> From: Sam Ruby [mailto:rubys@us.ibm.com]
> 
> Vadim Gritsenko wrote:
> >
> > - Sun Microsystems, Inc.  Binary Code License Agreement
> > "...
> > JIMI SDK, Version 2.0 SUPPLEMENTAL LICENSE TERMS
> > ....
> > b. License to Distribute Runtime. Subject to your
> > obligation to indemnify Sun pursuant to Section 3
> > below, Sun grants to you a non-exclusive,
> > non-transferable limited, royalty-free license to
> > reproduce, distribute offer to sell and sell the
> > Software provided that you: ..."
> 
> As I indicated before, I believe that you have "snipped" this license
too
> short.  The relevant clause is:
> 
> > and only bundled as a part of your Program that
> > incorporates the Software
> 
> In other words, inclusion here is fine:
> 
>    http://xml.apache.org/dist/cocoon/
> 
> But the following are problematic:
> 
>
http://cvs.apache.org/viewcvs.cgi/xml-cocoon2/lib/optional/jimi-1.0.jar

How FOP community is going to solve this? It's came from FOP CVS.


>
http://cvs.apache.org/viewcvs.cgi/xml-cocoon2/lib/optional/resolver.jar

This one have totally different license!

For your reading "pleasure":
-------------------------8<-----------------------
Software License Agreement



SUN MICROSYSTEMS, INC.  ("SUN") IS WILLING TO LICENSE THE

XML ENTITY AND URI RESOLVERS, VERSION 1.0 SOFTWARE 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.

BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND

CONDITIONS OF THIS AGREEMENT.  IF YOU ARE NOT WILLING TO BE

BOUND BY ITS TERMS, SELECT THE "DECLINE" BUTTON AT THE

BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT

CONTINUE.



1.0 DEFINITIONS "Licensed Software" means the XML Entity and

URI Resolvers, Version 1.0 Software and any other machine

readable materials (including, but not limited to,

libraries, source files, header files, and data files) and

any user manuals, programming guides and other documentation

provided to you by Sun under this Agreement.



2.0 LIMITED LICENSE 2.1 Sun grants to you, a non-exclusive,

non-transferable, royalty-free and limited license to

reproduce, modify, and create derivative works of the

Licensed Software for the sole purpose of adding value and

improving the Licensed Software for the development of

applications ("Programs").  No license is granted to you for

any other purpose.  2.2 In addition to the license granted

in Section 2.1, Sun grants to you, a non-exclusive,

non-transferable, royalty-free and limited license to

distribute the Licensed Software modified by you as

permitted in Section 2.1 ("Modified Software") in source or

binary form, provided that; i) the Modified Software is only

distributed bundled as a part of your Programs, ii) the

Modified Software improves on and adds value to the Licensed

Software, and iii) the Programs are only distributed subject

to a license agreement that protects Sun's interests

consistent with the terms and conditions contained in this

Agreement.



3.0 LICENSE RESTRICTIONS 3.1 You agree to reproduce any

copyright and other proprietary right notices on any such

copy.  3.2 Except as otherwise provided by Section 2.0, you

may not modify or create derivative works of the Licensed

Software, or reverse engineer, disassemble or decompile

binary portions of the Licensed Software, or otherwise

attempt to derive the source code from such portions.  3.3

No right, title, or interest in or to Licensed Software, any

trademarks, service marks, or trade names of Sun or Sun's

licensors is granted under this Agreement.



4.0 NO SUPPORT Sun is under no obligation to support

Licensed Software or to provide you with updates or error

corrections (collectively "Software Updates").  If Sun at

its sole option, supplies Software Updates to you, the

Software Updates will be considered part of Licensed

Software, and subject to the terms of this Agreement.



5.0 TERM AND TERMINATION OF AGREEMENT 5.1 You may terminate

this Agreement at any time by destroying all copies of

Software.  5.2 Either party may terminate this Agreement

immediately should any Software become, or in either party's

opinion be likely to become, the subject of a claim of

infringement of any intellectual property right.  5.3 This

Agreement will terminate immediately without notice from Sun

if the you fail to comply with any provision of this

Agreement.  5.4 Upon termination or expiration of this

Agreement, you shall immediately cease use of and destroy

Licensed Software and any copies thereof.  5.5 Rights and

obligations under this Agreement which by their nature

should survive, will remain in effect after termination or

expiration hereof.



6.0 DISCLAIMER OF WARRANTY 6.1 Licensee acknowledges that

Licensed Software may contain errors and is not designed or

intended for use in the design, construction, operation or

maintenance of any nuclear facility ("High Risk

Activities").  Sun disclaims any express or implied warranty

of fitness for such uses.  You represent and warrant to Sun

that you will not use, distribute or license the Licensed

Software for High Risk Activities.  6.2 LICENSED SOFTWARE IS

PROVIDED "AS IS".  ALL EXPRESS OR IMPLIED CONDITIONS,

REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS

FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE

DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE

HELD TO BE LEGALLY INVALID.



7.0 LIMITATION OF LIABILITY 7.1 You acknowledge that the

Licensed Software is experimental.  You acknowledge that the

Licensed Software may have defects or deficiencies which

cannot or will not be corrected by Sun.  You will hold Sun

harmless from any claims based on your use or inability to

use the Licensed Software for any purpose, and from any

claims that later versions or releases of any Licensed

Software furnished to you are incompatible with the Licensed

Software provided to you under this Agreement.  7.2 You

shall have the sole responsibility to protect adequately and

backup your data and/or equipment used in connection with

the Licensed Software.  You shall not claim against Sun for

lost data, re-run time, inaccurate output, work delays or

lost profits resulting from your use of the Licensed

Software.  7.3 Neither party will be liable for any

indirect, punitive, special, incidental or consequential

damage in connection with or arising out of this Agreement

(including loss of business, revenue, profits, use, data or

other economic advantage), however it arises, whether for

breach or in tort, even if that party has been previously

advised of the possibility of such damage.



8.0 U.S.  GOVERNMENT RIGHTS If this Software is being

acquired by or on behalf of the U.S.  Government or by a

U.S.  Government prime contractor or subcontractor (at any

tier), then the Government's rights in the Software and

accompanying documentation shall be only as set forth in

this license; this is in accordance with 48 C.F.R.  227.7201

through 227.7202-4 (for Department of Defense (DoD)

acquisitions) and with 48 C.F.R.  2.101 and 12.212 (for

non-DoD acquisitions).



9.0 GENERAL TERMS 9.1 Any action related to this Agreement

will be governed by California law and controlling U.S.

federal law.  The U.N.  Convention for the International

Sale of Goods and the choice of law rules of any

jurisdiction will not apply.  9.2 Licensed Software and

technical data delivered under this Agreement are subject to

U.S.  export control laws and may be subject to export or

import regulations in other countries.  You agree to comply

strictly with all such laws and regulations and acknowledge

that you have the responsibility to obtain such licenses to

export, re-export or import as may be required after

delivery to you.  9.3 Neither party may assign or otherwise

transfer any of its rights or obligations under this

Agreement, without the prior written consent of the other

party, except that Sun may assign this Agreement to an

affiliated company.  9.4 This Agreement is the parties'

entire agreement relating to its subject matter.  It

supersedes all prior or contemporaneous oral or written

communications, proposals, conditions, representations and

warranties and prevails over any conflicting or additional

terms of any quote, order, acknowledgment, or other

communication between the parties relating to its subject

matter during the term of this Agreement.  No modification

to this Agreement will be binding, unless in writing and

signed by an authorized representative of each party.



For inquiries please contact:  Sun Microsystems, Inc.  901

San Antonio Road, Palo Alto, California 94303



Copyright 2001 Sun Microsystems, Inc., All rights reserved.
--------------------------------8<------------------------


Vadim


---------------------------------------------------------------------
To unsubscribe, e-mail: cocoon-dev-unsubscribe@xml.apache.org
For additional commands, email: cocoon-dev-help@xml.apache.org


Mime
View raw message