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From: "Geir Magnusson Jr." <geir@pobox.com>
To: legal-discuss@apache.org
In-Reply-To: <71B50FBC-049C-4874-B7E5-F023A30FA2E4@pobox.com>
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Subject: Re: [Fwd: Please review Oracle's proposed revised JSR301 draft
 license]
Date: Mon, 17 Nov 2008 06:16:48 -0500
References: <4919ECE8.5050301@oracle.com>
 <71B50FBC-049C-4874-B7E5-F023A30FA2E4@pobox.com>

Sorry - forgot to be clear that this is for a draft spec, not a final  
spec, hence the wording related to that.

geir

On Nov 17, 2008, at 6:05 AM, Geir Magnusson Jr. wrote:

> Dear Legal Discuss,
>
> For general review is the result of a combined effort between  
> various parties to correct a JSR's spec license relevant to the  
> MyFaces PMC.
>
> The original issue was that an old boiler-plate JSR spec license was  
> used that contained limits on field of use of the implementation of  
> the spec.  In particular, see the strikethrough in section 1.
>
> Once notified of the problem, Oracle corrected the license, included  
> below.  From my POV, I believe that the license no longer contains  
> the FOU limitation, and is similar to licenses we've implemented  
> under before.
>
> I would appreciate other sets of eyes to review as well.
>
> Thanks
>
> geir
>
> Begin forwarded message:
>
>> From: michael freedman <michael.freedman@oracle.com>
>> Date: November 11, 2008 3:36:56 PM EST
>> To: MyFaces PMC <private@myfaces.apache.org>, "Geir Magnusson Jr." <geir@pobox.com 
>> >
>> Subject: [Fwd: Please review Oracle's proposed revised JSR301 draft  
>> license]
>>
>> Any comments on this?  Is it okay?  I would like to get your  
>> signoff before starting the process to upgrade/change the license.
>>      -Mike-
>>
>> -------- Original Message --------
>> Subject:
>> Please review Oracle's proposed revised JSR301 draft license
>> Date:
>> Wed, 05 Nov 2008 14:34:10 -0800
>> From:
>> michael freedman <michael.freedman@oracle.com>
>> Organization:
>> Oracle Corporation
>> To:
>> MyFaces PMC <private@myfaces.apache.org>, Onno Kluyt <Onno.Kluyt@Sun.COM 
>> >, admin@jcp.org
>> CC:
>> Geir Magnusson Jr. <geir@pobox.com>, Simon Kitching <skitching@apache.org 
>> >
>>
>>
>> Below is the proposed modified license Oracle would like to  
>> substitute for the current Public Review Draft and would use for  
>> future drafts (The final license will be the standard JCP  
>> license).  Deletions from the current license are depicted with  
>> strikethrough.  Additional/new language is in blue. Please review  
>> and let me know if this satisfies your needs/concerns.   
>> Specifically, the Apache community needs to let me know if this  
>> satisfies your openness requirements while the Sun/JCP community  
>> needs to let me know that this satisfies the JSPA/JCP process this  
>> license is covered by.  Once all interested parties are satisfied I  
>> will request the JCP to update our license.
>>     -Mike-
>>
>> ***********************************************************************************************************
>>
>> ORACLE CORPORATION 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. BY DOWNLOADING THIS  
>> SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS  
>> AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THEM, SELECT THE  
>> "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE AND THE DOWNLOADING  
>> PROCESS WILL NOT CONTINUE.
>>
>>
>> Specification: JSR301 Portlet Bridge ("Specification")
>>
>> Version: 1.0
>>
>> Status: Public Review Draft
>>
>> Release: 5 August 2008
>>
>> Copyright 2008 Oracle Corporation
>> 500 Oracle Parkway
>> Redwood Shores, CA 94065
>> All rights reserved.
>>
>> NOTICE
>> The Specification is protected by copyright and the information  
>> described therein may be protected by one or more U.S. patents,  
>> foreign patents, or pending applications. Except as provided under  
>> the following license, no part of the Specification may be  
>> reproduced in any form by any means without the prior written  
>> authorization of Oracle Corporation and its licensors, if any. Any  
>> use of the Specification and the information described therein will  
>> be governed by the terms and conditions of this Agreement.
>>
>> Subject to the terms and conditions of this license, including your  
>> compliance with Paragraphs 1 and 2 below, Oracle Corporation hereby  
>> grants you a fully-paid, non-exclusive, non-transferable, limited  
>> license (without the right to sublicense) under Oracle  
>> Corporation's intellectual property rights to:
>>
>> 1.Review the Specification for the purposes of evaluation. This  
>> includes: (i) developing implementations of the Specification for  
>> your internal, non-commercial use; (ii) discussing the  
>> Specification with any third party; and (iii) excerpting brief  
>> portions of the Specification in oral or written communications  
>> which discuss the Specification provided that such excerpts do not  
>> in the aggregate constitute a significant portion of the  
>> Specification.
>> 2.Distribute implementations of the Specification to third parties  
>> for their testing and evaluation use, provided that any such  
>> implementation:
>> (i) 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;
>> (ii) is clearly and prominently marked with the word "UNTESTED" or  
>> "EARLY ACCESS" or "INCOMPATIBLE" or "UNSTABLE" or "BETA" in any  
>> list of available builds and in proximity to every link initiating  
>> its download, where the list or link is under Licensee's control;
>> (ii) fully implements the Specification, including all required  
>> interfaces and functionality; and
>> (iii) includes the following notice:
>> "This is an implementation of an early draft specification the JSR  
>> 301 public review draft specification developed under the Java  
>> Community Process (JCP) and is made available for testing and  
>> evaluation purposes only. This implementation may not fully conform  
>> to this specification.  This implementation may differ from the  
>> final specification.  The code is not compatible with any  
>> specification of the JCP."
>> The grant set forth above concerning your distribution of  
>> implementations of the Specification is contingent upon your  
>> agreement to terminate development and distribution of your a  
>> complete and conforming implementation of early draft upon final  
>> completion of the Specification. If you fail to do so, the  
>> foregoing grant shall be considered null and void.
>> No provision of this Agreement shall be understood to restrict your  
>> ability to make and distribute to third parties applications  
>> written to the Specification.
>> Other than this limited license, you acquire no right, title or  
>> interest in or to the Specification or any other Oracle Corporation  
>> intellectual property, and the Specification may only be used in  
>> accordance with the license terms set forth herein. This license  
>> will expire on the earlier of: (a) two (2) years from the date of  
>> Release listed above; (b) the date on which the final version of  
>> the Specification is publicly released; or (c) the date on which  
>> the Java Specification Request (JSR) to which the Specification  
>> corresponds is withdrawn. In addition,   This license will  
>> terminate immediately without notice from Oracle Corporation if you  
>> fail to comply with any provision of this license. Upon  
>> termination, you must cease use of or destroy the Specification.
>> "Licensor Name Space" means the public class or interface  
>> declarations whose names begin with "java", "javax", "com.oracle"  
>> or their equivalents in any subsequent naming convention adopted  
>> through the Java Community Process, or any recognized successors or  
>> replacements thereof
>> TRADEMARKS
>> No right, title, or interest in or to any trademarks, service  
>> marks, or trade names of Oracle Corporation or Oracle Corporations  
>> licensors is granted hereunder. Java and Java-related logos, marks  
>> and names are trademarks or registered trademarks of Sun  
>> Microsystems, Inc. in the U.S. and other countries.
>>
>> DISCLAIMER OF WARRANTIES
>> THE SPECIFICATION IS PROVIDED "AS IS" AND IS EXPERIMENTAL AND MAY  
>> CONTAIN DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE  
>> CORRECTED BY ORACLE CORPORATION. ORACLE CORPORATION MAKES NO  
>> REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING  
>> BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  
>> PARTICULAR PURPOSE, OR NON-INFRINGEMENT THAT THE CONTENTS OF THE  
>> SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY PRACTICE OR  
>> IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY  
>> PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. 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. ORACLE CORPORATION 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.
>>
>> LIMITATION OF LIABILITY
>> TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE  
>> CORPORATION OR ITS LICENSORS 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 ORACLE CORPORATION AND/OR ITS LICENSORS HAVE  
>> BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>>
>> You will hold Oracle Corporation (and its licensors) harmless from  
>> any claims based on your use of the Specification for any purposes  
>> other than the limited right of evaluation as described above, and  
>> from any claims that later versions or releases of any  
>> Specification furnished to you are incompatible with the  
>> Specification provided to you under this license.
>>
>> RESTRICTED RIGHTS LEGEND
>> 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).
>>
>> REPORT
>> You may wish to report any ambiguities, inconsistencies or  
>> inaccuracies you may find in connection with your evaluation of the  
>> Specification ("Feedback"). To the extent that you provide Oracle  
>> Corporation with any Feedback, you hereby: (i) agree that such  
>> Feedback is provided on a non-proprietary and non-confidential  
>> basis, and (ii) grant Oracle Corporation 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.
>>
>> GENERAL TERMS
>> 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.
>>
>> The Specification is subject to U.S. export control laws and may be  
>> subject to export or import regulations in other countries.  
>> Licensee agrees to comply strictly with all such laws and  
>> regulations and acknowledges that it has the responsibility to  
>> obtain such licenses to export, re-export or import as may be  
>> required after delivery to Licensee.
>>
>> 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.
>>
>


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