Common use of Licensee Open Classes Clause in Contracts

Licensee Open Classes. a. Licensee shall deliver to Sun free of all restrictions the specification for the application programming interface for Licensee Open Classes as early as is reasonably possible but in no event later than the date on which it first provides such specification or an implementation thereof to any third party developer. Included with such specification shall be an appropriate test suite sufficiently detailed to allow Sun and third parties to produce implementations compatible with the specification. Licensee shall use its reasonable commercial efforts to clarify and correct the specification or the test suite upon written request by Sun, Licensee agrees to refrain from enforcing any Intellectual Property Rights that it might have relating to the specification of Licensee Open Classes and test suites. This Section is not intended to restrict Licensee's rights to enforce any Intellectual Property Rights that may apply to implementations of Licensee Open Classes and/or test suites. b. Licensee shall only use names for all Licensee Open Classes that begin with "COM.Licensee" or such other convention as Sun may reasonably require and shall not modify or extend the public class or interface declarations whose names begin with "java", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention. Licensee will make reasonable commercial efforts to ensure that other software which it redistributes conforms to this convention. c. Licensee hereby grants a non-exclusive, worldwide fully-paid-up license to use an unlimited number of copies of the Licensee Open Classes, in binary form, for Sun's internal use, such use including but not limited to demonstration rights. Licensee agrees to reasonably negotiate in good faith with Sun the terms of a commercial license for the source code of the Licensee Open Classes. The parties agree that the fees and other terms and conditions of this Agreement are a reasonable standard against which to judge such a license on a proportionate basis comparing the scope and complexity of the Licensee Open Class being licensed to the scope and complexity of the Technology. *Confidential Treatment Requested

Licensee Open Classes. Subject to the terms and conditions contained --------------------- in this Agreement, Sun hereby grants to Licensee, solely for use with Products, a worldwide, non-exclusive, non-transferable license to use information gained from access to the Technology to develop Licensee Open Classes, provided that: a. Licensee shall deliver to Sun free may not include any of all restrictions the specification for the application programming interface Technology in such Licensee Open Class; b. Licensee uses only names for Licensee Open Classes that begin with "COM.Licensee" or such other convention as Sun may reasonably require, and shall make commercially reasonable efforts to ensure that other software which Licensee develops relating to the Technology conforms to this convention; c. Licensee publishes to the industry, on a non-confidential basis and free of all restrictions, the specification for any Licensee Open Class as early as is reasonably possible but in no event later than the date on which it first provides such specification or an implementation thereof to any third party developerparty. Included with such specification shall be an appropriate test suite sufficiently detailed to allow Sun and any third parties party reasonably skilled in the technology to produce implementations compatible with the specification. Licensee shall use its reasonable commercial efforts to clarify and correct the specification or the test suite upon written request by Sun, ; d. Licensee agrees to refrain from enforcing any Intellectual Property Rights copyrights or patent rights that it might have relating to compatibility or interface, which would be infringed by Sun or any third party implementing the specification of specifications for a Licensee Open Classes and test suites. This Section is not intended to restrict Licensee's rights to enforce any Intellectual Property Rights that may apply to implementations of Licensee Open Classes and/or test suites.Class; b. Licensee shall only use names for all Licensee Open Classes that begin with "COM.Licensee" or such other convention as Sun may reasonably require and shall not modify or extend the public class or interface declarations whose names begin with "java", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention. Licensee will make reasonable commercial efforts to ensure that other software which it redistributes conforms to this convention. c. e. Licensee hereby grants to Sun a non-exclusive, worldwide worldwide, fully-paid-paid- up license to use an unlimited number of copies of the Licensee Open ClassesClass, in binary form, for Sun's internal use, such use including but not limited to demonstration rights. for evaluation and demonstration; and f. Licensee agrees to reasonably negotiate in good faith with Sun the terms of a commercial license for the source code of the Licensee Open Classes. The parties agree that the fees and other terms and conditions of this Agreement are a reasonable standard against which to judge such a license on a proportionate basis comparing the scope and complexity of the Licensee Open Class being licensed to the scope and complexity of the Technology. *Confidential Treatment RequestedClass.

Licensee Open Classes. a. (i) Licensee shall deliver to Sun free of all restrictions the specification for the application programming interface for each Licensee Open Classes Class as early as is reasonably possible but in no event later than the date on which it first provides such specification or an implementation thereof to any third party developerparty. Included with in such specification shall be an appropriate test suite sufficiently detailed to allow Sun and third parties to produce implementations compatible with the specification. Licensee shall use its reasonable commercial efforts to clarify clarify' and correct the specification or the test suite upon written request by SunSun and failure to do so within sixty (80) days after such request shall constitute breach of this Agreement. (ii) Licensee shall notify Sun as soon as it has made any general disclosure (i.e., not subject to confidentiality obligations) of such specification, or first releases a Product implementing such specification, after which Sun shall have no obligation of confidentiality whatsoever with respect to such specification. Licensee agrees that it will take no steps whatsoever to prevent Sun or any third party from creating independent and compatible implementations based on such specification, provided that such implementations do not violate Licensee's patents, copyrights or trade secrets in Licensee's implementation of the Licensee Open Classes (i.e., Licensee agrees to refrain from enforcing any Intellectual Property Rights that it might have relating will not enforce copyright or patent claims that relate to the specification of Licensee Open Classes and test suites. This Section is not intended to restrict Licensee's rights to enforce any Intellectual Property Rights that may apply to implementations of Licensee Open Classes and/or test suitesinterface or compatibility with such specification). b. (iii) Licensee shall only use confine the names for of all Licensee Open Classes that begin to names beginning with "COM.Licensee" or such other convention as Sun may reasonably require and shall not modify or extend the names of public class or interface declarations whose names begin with "java", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention. Licensee will make reasonable commercial efforts to ensure that other commercial software packages which it redistributes conforms conform to this convention. c. (iv) Licensee hereby grants Sun a non-non- exclusive, worldwide worldwide, fully-paid-up license to use an unlimited number of copies of the Licensee Open Classes, in binary form, for Sun's internal use, such use including but not limited to demonstration rights. Licensee agrees to reasonably negotiate in good faith with Sun the terms of a commercial license for the source code of the Licensee Open Classes. The parties agree that the fees and other terms and conditions of this Agreement are a reasonable standard against which to judge such a license on a proportionate basis comparing the scope and complexity of the portion of the Licensee Open Class being licensed to the scope and complexity of the Technology. *Confidential Treatment Requested.

Licensee Open Classes. a. (i) Licensee shall deliver to Sun free of all restrictions the specification for the application programming interface for each Licensee Open Classes Class as early as is reasonably possible but in no event later than the date on which it first provides such specification or an implementation thereof to any third party developerparty. Included with in such specification shall be an appropriate test suite sufficiently detailed to allow Sun and third parties to produce implementations compatible with the specification. Licensee shall use its reasonable commercial efforts to clarify clarify' and correct the specification or the test suite upon written request by SunSun and failure to do so within sixty (80) days after such request shall constitute breach of this Agreement. (ii) Licensee shall notify Sun as soon as it has made any general disclosure (i.e., not subject to confidentiality obligations) of such specification, or first releases a Product implementing such specification, after which Sun shall have no obligation of confidentiality whatsoever with respect to such specification. Licensee agrees that it will take no steps whatsoever to prevent Sun or any third party from creating independent and compatible implementations based on such specification, provided that such implementations do not violate Licensee's patents, copyrights or trade secrets in Licensee's implementation of the Licensee Open Classes (i.e., Licensee agrees to refrain from enforcing any Intellectual Property Rights that it might have relating will not enforce copyright or patent claims that relate to the specification of Licensee Open Classes and test suites. This Section is not intended to restrict Licensee's rights to enforce any Intellectual Property Rights that may apply to implementations of Licensee Open Classes and/or test suitesinterface or compatibility with such specification). b. (iii) Licensee shall only use confine the names for of all Licensee Open Classes that begin to names beginning with "COM.Licensee" or such other convention as Sun may reasonably require and shall not modify or extend the names of public class or interface declarations whose names begin with "java", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention. Licensee will make reasonable commercial efforts to ensure that other commercial software packages which it redistributes conforms conform to this convention. c. (iv) Licensee hereby grants Sun a non-exclusive, worldwide fully-worldwide, fully- paid-up license to use an unlimited number of copies of the Licensee Open Classes, in binary form, for Sun's internal use, such use including but not limited to demonstration rights. Licensee agrees to reasonably negotiate in good faith with Sun the terms of a commercial license for the source code of the Licensee Open Classes. The parties agree that the fees and other terms and conditions of this Agreement are a reasonable standard against which to judge such a license on a proportionate basis comparing the scope and complexity of the portion of the Licensee Open Class being licensed to the scope and complexity of the Technology. *Confidential Treatment Requested.

Licensee Open Classes. Subject to the terms and conditions contained in this Agreement, Sun hereby grants to Licensee, solely for use with Products, a worldwide, non-exclusive, non-transferable license to use information gained from access to the Technology to develop Licensee Open Classes, provided that: a. Licensee shall deliver to Sun free may not include any of all restrictions the specification for the application programming interface Technology in such Licensee Open Class; b. Licensee uses only names for Licensee Open Classes that begin with "COM.Licensee" or such other convention as Sun may reasonably require, and shall make commercially reasonable efforts to ensure that other software which Licensee develops relating to the Technology conforms to this convention; c. Licensee publishes to the industry, on a non-confidential basis and free of all restrictions, the specification for any Licensee Open Class as early as is reasonably possible but in no event later than the date on which it first provides such specification or an implementation thereof to any third party developerparty. Included with such specification shall be an appropriate test suite sufficiently detailed to allow Sun and any third parties party reasonably skilled in the technology to produce implementations compatible with the specification. Licensee shall use its reasonable commercial efforts to clarify and correct the specification or the test suite upon written request by Sun, ; d. Licensee agrees to refrain from enforcing any Intellectual Property Rights copyrights or patent rights that it might have relating to compatibility or interface, which would be infringed by Sun or any third party implementinq the specification of specifications for a Licensee Open Classes and test suites. This Section is not intended to restrict Licensee's rights to enforce any Intellectual Property Rights that may apply to implementations of Licensee Open Classes and/or test suites.Class; b. Licensee shall only use names for all Licensee Open Classes that begin with "COM.Licensee" or such other convention as Sun may reasonably require and shall not modify or extend the public class or interface declarations whose names begin with "java", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention. Licensee will make reasonable commercial efforts to ensure that other software which it redistributes conforms to this convention. c. e. Licensee hereby grants to Sun a non-exclusive, worldwide worldwide, fully-paid-up license to use an unlimited number of copies of the Licensee Open ClassesClass, in binary form, for Sun's internal use, such use including but not limited to demonstration rights. for evaluation and demonstration; and f. Licensee agrees to reasonably negotiate in good faith with Sun the terms of a commercial license for the source code of the Licensee Open Classes. The parties agree that the fees and other terms and conditions of this Agreement are a reasonable standard against which to judge such a license on a proportionate basis comparing the scope and complexity of the Licensee Open Class being licensed to the scope and complexity of the Technology. *Confidential Treatment RequestedClass.