Common use of Compatibility Requirements Clause in Contracts

Compatibility Requirements. a. Insignia Products and Insignia Licensee Products must fully comply with the requirements of the Documentation specified in Section I(b), above, and pass the TCKs for the CLDC Java Environment and MIDP Java Environment, pursuant to the requirements of Section 2.11 of the Agreement. MIDP Java Environment as integrated with CLDC Environment must pass the TCK for MIDP. Successful compatibility testing must be completed in accordance with the CTS User's Guide described in Section I(b), above. Insignia may self-certify such compatibility, provided that Sun may require that Insignia submit specific test documentation to an independent third party audit facility designated by Sun, for verification of proper compatibility testing, prior to FCS of any Insignia Product. [******] All reasonable expenses of such audit shall be paid by Insignia, [******]. Sun may publish or otherwise distribute such test results. *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. b. Notwithstanding any provision to the contrary in the Agreement, access to the TCK for MIDP Java Environment is subject to a separate agreement, including, but not limited to, an additional fee for TCK support. Insignia is not authorized to create modifications or derivative works of the TCK, and may only utilize the TCK to verify compatibility of CLDC/MIDP-Based Insignia Products with the specification for the MIDP Technology. "CLDC/MIDP-Based Insignia Product(s)" means an Insignia Product into which the CLDC and MIDP Java Environments are incorporated or implemented. Insignia may not publish test results or make claims of comparative compatibility. (This is not intended to prohibit Insignia from making true statements to the effect that its product(s) has passed the TCK, and that the product of another has not passed the TCK.) Insignia agrees not to develop any other test suites intended to validate compatibility with the specification for the MIDP Technology. (This is not intended to preclude Insignia from developing tests which are used only internally and only for purposes of ensuring Insignia product quality.) Insignia may, pursuant to a valid Java Specification Participation Agreement and the Java Community Process, participate in the development of test suites intended to validate compatibility with the Java specification. In the event that the Java Community Process provides for an alternative method by which Java Community Members may participate in the development of test suites intended to validate compatibility with the Java specification (i.e. A means other than via the Java Specification Participation Agreement), Insignia may, pursuant to the rules and requirements of the Java Community Process, so participate in the development of test suites intended to validate compatibility with the Java specification. Insignia agrees that it has not and will not in the future develop test suites that may be or are intended to be used as an alternative to any test suites developed through the Java Community Process. c. The MIDP Java Environment must be tightly integrated with, and must be configured to run in conjunction with, Insignia's implementation of the Java 2 Platform, Micro Edition Connected Limited Device Configuration which meets Sun's compatibility requirements.

Compatibility Requirements. a. Insignia Products and Insignia Licensee Products must fully comply with the requirements of the Sun Documentation specified in Section I(b), above, and pass the TCKs TCK for the CLDC Java Environment CDC and MIDP Java Environmentincluding any Profiles, pursuant to the requirements of Section Sections 2.11 of the Agreement. MIDP (For purposes of this Exhibit C-4, "Profile" means the Foundation Profile, Personal Profile or such other profile as may be developed under or in connection with the Java Environment Community Process or as integrated with CLDC Environment must pass the TCK for MIDPotherwise authorized by Sun. Successful compatibility testing must be completed in accordance with the CTS User's Guide described in Section I(b), abovefor CDC and FP. Insignia may self-certify such compatibility, provided that Sun may require that Insignia submit specific test documentation to an independent third party audit facility designated by Sun, for verification of proper compatibility testing, prior to FCS of any Insignia Product. [******] All reasonable expenses of such audit shall be paid by Insignia, [******]. Sun may publish or otherwise distribute such test results. *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. b. Notwithstanding any provision to the contrary in the Agreement, access to the TCK for MIDP CDC and FP Java Environment Environments is subject to a separate agreement, including, but not limited to, an additional fee for TCK support. Insignia is not authorized to create modifications or derivative works of the TCK, and may only utilize the TCK to verify compatibility of CLDCCDC/MIDPFP-Based Insignia Products with the specification for the MIDP Technology. "CLDCCDC/MIDP-Based Insignia Product(s)" means an Insignia Product into which the CLDC and MIDP FP Java Environments are incorporated or implementedEnvironments. Insignia may not publish test results or make claims of comparative compatibility. (This is not intended to prohibit Insignia from making true statements to the effect that its product(s) has passed the TCK, and that the product of another has not passed the TCK.) Insignia agrees not to develop any other test suites intended to validate compatibility with the specification for the MIDP CDC/FP Technology. (This is not intended to preclude Insignia from developing tests which are used only internally and only for purposes of ensuring Insignia product quality.) Insignia may, pursuant to a valid Java Specification Participation Agreement and the Java Community Process, participate in the development of test suites intended to validate compatibility with the Java specification. In the event that the Java Community Process provides for an alternative method by which Java Community Members may participate in the development of test suites intended to validate compatibility with the Java specification (i.e. A means other than via the Java Specification Participation Agreement), Insignia may, pursuant to the rules and requirements of the Java Community Process, so participate in the development of test suites intended to validate compatibility with the Java specification. Insignia agrees that it has not and will not in the future develop test suites that may be or are intended to be used as an alternative to any test suites developed through the Java Community Process. c. The MIDP Java Environment CDC/FP-Based Insignia Products shall not include an implementation of any part of a Profile or use any of the APIs within a Profile, unless Insignia implements the Profile in its entirety in conformance with the applicable compatibility requirements and test suites as developed and licensed by Sun or other authorized party. d. Profile(s) must be tightly integrated with, and must be configured to run in conjunction with, Insignia's implementation of the Java JavaTM 2 Platform, Micro Edition Edition, Connected Limited Device Configuration from Sun (or an authorized third party) which meets Sun's compatibility requirementsrequirements ("CDC"). *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. I. Description of Technology and Documentation.

Compatibility Requirements. a. Insignia Products and Insignia Licensee Products must fully comply with the requirements of the Sun Documentation specified in Section I(b), above, and pass the TCKs for the CLDC Java TV Java Environment and MIDP Personal Java Java Environment, pursuant to the requirements of Section 2.11 of the Agreement. MIDP The Java Environment TV Environment, as integrated with CLDC Environment an implementation of PersonalJava technology in compliance with a pJava license between Insignia and Sun, must pass the TCK for MIDPthe Java TV Java Environment. Successful compatibility testing must be completed in accordance with the CTS User's Guide described in Section I(b), above. Insignia may self-certify such compatibility, provided that Sun may require that Insignia submit specific test documentation to an independent third party audit facility designated by Sun, for verification of proper compatibility testing, prior to FCS of any Insignia Product. [******] All reasonable expenses of such audit shall be paid by Insignia, [******]. Sun may publish or otherwise distribute such test results. *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. b. Notwithstanding any provision to the contrary in the Agreement, access to the TCK for MIDP the Java TV Java Environment is subject to a separate agreement, including, but not limited to, an additional fee for TCK support. Insignia is not authorized to create modifications or derivative works of the TCK, and may only utilize the TCK to verify compatibility of CLDCJava TV/MIDPpJava-Based Insignia Products with the specification for the MIDP TechnologyJava TV Java Environment. "CLDCTV/MIDPpJava-Based Insignia Product(s)Products" means an Insignia Product into which the CLDC Java TV and MIDP pJava Java Environments are incorporated or implemented. Insignia may not publish test results or make claims of comparative compatibility. (This is not intended to prohibit Insignia from making true statements to the effect that its product(s) has passed the TCK, and that the product of another has not passed the TCK.) Insignia agrees not to develop any other test suites intended to validate compatibility with the specification for the MIDP TechnologyJava TV and pJava Java Environments. (This is not intended to preclude Insignia from developing tests which are used only internally and only for purposes of ensuring Insignia product quality.) Insignia may, pursuant to a valid Java Specification Participation Agreement and the Java Community Process, participate in the development of test suites intended to validate compatibility with the Java specification. In the event that the Java Community Process provides for an alternative method by which Java Community Members may participate in the development of test suites intended to validate compatibility with the Java specification (i.e. A means other than via the Java Specification Participation Agreement), Insignia may, pursuant to the rules and requirements of the Java Community Process, so participate in the development of test suites intended to validate compatibility with the Java specification. Insignia agrees that it has not and will not in the future develop test suites that may be or are intended to be used as an alternative to any test suites developed through the Java Community Process. c. The MIDP Insignia Products incorporating or implementing the Java TV Java Environment must be tightly integrated with, and must be configured to run in conjunction with, with Insignia's implementation of the Personal Java 2 Platform, Micro Edition Connected Limited Device Configuration Environment and which meets Sun's the requirements of the Agreement, including without limitation, the compatibility requirements. This OEM Trademark License (the "OEM License") is entered into this _______ day of ______________, 200_ (the "Effective Date") between Sun Microsystems, Inc., with its principal place of business at 000 Xxx Xxxxxxx Xxxx, Xxxx Xxxx, Xxxxxxxxxx 00000 (“Sun”) and _________________________, a _____________ corporation with a principal place of business at _________________________ ("OEM Licensee").

Compatibility Requirements. a. Insignia Products and Insignia Licensee Products must fully comply with the requirements of the Sun Documentation specified in Section I(b), above, and pass the TCKs TCK for the CLDC Java Environment and MIDP Java Environmentincluding any Profiles, pursuant to the requirements of Section Sections 2.11 of the Agreement. MIDP Java Environment as integrated with CLDC Environment must pass the TCK for MIDP. Successful compatibility testing must be completed in accordance with the CTS User's Guide described in Section I(b), abovefor CLDC. Insignia Licensee may self-certify such compatibility, provided that Sun may require that Insignia Licensee submit specific test documentation to an independent third party audit facility designated by Sun, for verification of proper compatibility testing, prior to FCS of any CLDC-Based Insignia Product. "CLDC-Based Insignia Product(s)" means an Insignia Product into which the CLDC Java Environment is incorporated or implemented. [******] ]. All reasonable expenses of such audit shall be paid by Insignia, [******]. Sun may publish or otherwise distribute such test results. *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. b. Notwithstanding any provision to the contrary in the Agreement, access to the TCK for MIDP the CLDC Java Environment is subject to a separate agreement, including, but not limited to, an additional fee for TCK support. Insignia is not authorized to create modifications or derivative works of the TCK, and may only utilize the TCK to verify compatibility of CLDC/MIDP-Based Insignia Products with the specification for the MIDP CLDC Technology. "CLDC/MIDP-Based Insignia Product(s)" means an Insignia Product into which the CLDC and MIDP Java Environments are incorporated or implemented. Insignia may not publish test results or make claims of comparative compatibility. (This is not intended to prohibit Insignia from making true statements to the effect that its product(s) has passed the TCK, and that the product of another has not passed the TCK.) Insignia agrees not to develop any other test suites intended to validate compatibility with the specification for the MIDP TechnologyCLDC Java Environment. (This is not intended to preclude Insignia from developing tests which are used only internally and only for purposes of ensuring Insignia product quality.) Insignia may, pursuant to a valid Java Specification Participation Agreement and the Java Community Process, participate in the development of test suites intended to validate compatibility with the Java specification. In the event that the Java Community Process provides for an alternative method by which Java Community Members may participate in the development of test suites intended to validate compatibility with the Java specification (i.e. A means other than via the Java Specification Participation Agreement), Insignia may, pursuant to the rules and requirements of the Java Community Process, so participate in the development of test suites intended to validate compatibility with the Java specification. Insignia agrees that it has not and will not in the future develop test suites that may be or are intended to be used as an alternative to any test suites developed through the Java Community Process. c. The MIDP Java Environment must be tightly integrated with, and must be configured to run in conjunction with, Insignia's CLDC Based Insignia Products shall not include an implementation of any part of a Profile or use any of the Java 2 PlatformAPIs within a Profile, Micro Edition Connected Limited Device Configuration which meets Sun's unless Insignia implements the Profile in its entirety in conformance with the applicable compatibility requirementsrequirements and test suites as developed and licensed by Sun or other authorized party. *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.