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From "Geir Magnusson Jr." <ge...@apache.org>
Subject JSR291 OSGi - request for comment on final vote
Date Sun, 20 May 2007 20:09:58 GMT
It's time for the final vote for the OSGi spec.   Our concerns  
historically have been about IP issues in spec licensing and TCK  
licensing.  The two licenses are, to me anyway, rather clear and  
straightforward.  I have permission to post the two licenses here for  
discussion.  In addition, OSGI has a page on non-assertion of  
patents  http://www.osgi.org/products/non-assert.asp.

Given the that pledge, and the licenses below, does anyone object to  
Apache voting yes on this JSR?


1) Spec license :

IBM Corporation, the specification leader (the “Spec Lead”) for the  
JSR-291 Dynamic Component Support for Java™ SE, Version: 1.0  
specification (the “Specification”), hereby grants permission to  
utilize the Specification under the terms of this license and the  
OSGi Specification License at http://www2.osgi.org/Main/ 
OSGiSpecificationLicense, provided that you include the following on  
ALL copies, or portions thereof, that you make:

1.  A link or URL to the Specification at this location:  http:// 
www2.osgi.org/JSR291/Spec
2. The copyright notice(s) as shown in the Specification.

To encourage implementations of this Specification, the Spec Lead has  
provided a binding perpetual covenant not to assert necessary patent  
claims against implementations of this Specification.  For more  
information, please see http://www.ibm.com/us/download/IBM_OSGi.pdf.

THE SPECIFICATION IS PROVIDED "AS IS," AND THE SPEC LEAD AND ANY  
OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR  
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF  
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,  
OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY  
PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT  
INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER  
RIGHTS. THE SPEC LEAD AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR  
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL  
DAMAGES ARISING OUT OF ANY USE OF THE SPECIFICATION OR THE  
PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.

The name and trademarks of the Spec Lead or any other Authors may NOT  
be used in any manner, including advertising or publicity pertaining  
to the Specification or its contents without specific, written prior  
permission. Title to copyright in the Specification will at all times  
remain with the Authors.

No other rights are granted by implication, estoppel or otherwise.


2) the TCK license :

OSGi Compliance Tests License, V 1.0 released as the TCK for JSR 291

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.


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