www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Mike Drob (JIRA)" <j...@apache.org>
Subject [jira] [Updated] (LEGAL-325) Request VP Legal ruling on JSR107 License Use
Date Fri, 11 Aug 2017 16:42:00 GMT

     [ https://issues.apache.org/jira/browse/LEGAL-325?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel
]

Mike Drob updated LEGAL-325:
----------------------------
    Summary: Request VP Legal ruling on JSR107 License Use  (was: Request VP Legal ruling
on License Use)

> Request VP Legal ruling on JSR107 License Use
> ---------------------------------------------
>
>                 Key: LEGAL-325
>                 URL: https://issues.apache.org/jira/browse/LEGAL-325
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Mike Drob
>
> Please provide guidance on whether the "JSR-000107 JCACHE 2.9 Public Review - Updated
Specification License" as used by the jsr107 spec v1.0.0 https://raw.githubusercontent.com/jsr107/jsr107spec/v1.0.0/LICENSE.txt
is acceptable for use in ASF projects.
> Full text copied here for convenience:
> {noformat}
> JSR-000107 JCACHE 2.9 Public Review - Updated Specification
> ORACLE AND GREG LUCK ARE 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: JSR-000107 Java(tm) Temporary Caching API Specification ("Specification")
> Version: 2.9
> Status: Public Review
> Release: 8 August 2013
> Copyright 2013 ORACLE America, Inc. and Greg Luck
> 4150 Network Circle, Santa Clara, California 95054, U.S.A
> 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 USA, Inc. ("Oracle"),
Greg Luck ("Greg Luck") and their 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 and Greg Luck hereby grant you a fully-paid, non-exclusive, non-transferable,
limited license (without the right to sublicense) under Oracle and Greg Luck'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 Technology. 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; and
> (iii) includes the following notice:
> "This is an implementation of an early-draft specification developed under the Java Community
Process (JCP) and is made available for testing and evaluation purposes only. 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 "early draft" implementation as soon as feasible
following 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 or Greg Luck 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 or Greg Luck 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 by Oracle or Greg Luck 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, Greg Luck or their licensors is granted hereunder. Oracle, the Oracle logo, Java are
trademarks or registered trademarks of Oracle USA, 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. ORACLE 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 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 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 AND/OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
> You will hold Oracle and Greg Luck (and their 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 or Greg Luck with any Feedback, you hereby: (i) agree that such Feedback is
provided on a non-proprietary and non-confidential basis, and (ii) grant Oracle and Greg Luck
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.
> {noformat}



--
This message was sent by Atlassian JIRA
(v6.4.14#64029)

---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message