Common use of Licensing of RI and TCK Clause in Contracts

Licensing of RI and TCK. I. The Spec Lead (including Sun) for a JSR approved by the JCP shall offer to any interested party licenses concerning the RI and TCK -- and also the TCK separately when developed under any JSR submitted hereafter -- on terms and conditions that are non-discriminatory, fair and reasonable. Except as otherwise set forth in this Section 5.F, such terms and conditions shall be determined by the Spec Lead in its reasonable discretion. II. With respect to the RI, the terms and conditions offered by the Spec Lead shall include, at a minimum: (a) under the Spec Lead's copyrights in the RI, the right to copy, modify the source code portions of (excluding any Shared Code, except as provided for in Section 5.G) and distribute the RI, in whole or in part, as part of a complete binary implementation of the corresponding Spec that satisfies requirements (a) – (c) of Section 5.B; and (b) under any patent claims licensable by the Spec Lead for which there is no techni- cally feasible way of avoiding infringement in the course of implementing the Specification or in the use of unmodified RI code, the right to make, have made, use, offer to sell, sell or import such implementation; pro- vided, however, the license offered pursuant to this Section 5.F.II may be conditioned on the licensee's grant- ing a reciprocal license to (or not initiating a claim against) the Spec Lead or its licensees concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringe- ment in the course of implementing the Specification or in the use of unmodified RI code. III. With respect to the TCK when licensed separately from the RI, for a Qualified Not-for- Profit or Qualified Individual there shall be no charge for the license offered by the Spec Lead. IV. If the Spec Lead limits the scope of the licenses granted pursuant to this Section 5.F, such limitations shall not be more extensive than: (i) they authorize the distribution of only such products derived from the RI as satisfy substantially the same compatibility requirements as set forth in Section 5.B(a)-(c) and any applicable TCK Users Guide; and (ii) they include provisions concerning the licensing or non-enforcement of patent claims as stringent on licensees of the RI and TCK as the provisions of Section 6 below are on You. The Spec Lead shall not include as part of the foregoing license any additional contrac- tual condition or covenant concerning compatibility that would limit or restrict the right of any licensee to create or distribute products derived from the RI. Notwithstanding the foregoing, neither this subparagraph IV nor Section 5.F.II (concerning reciprocal patent licensing, shall be understood to require Sun to modify license agreements for Java technology that Sun has in place, or to modify or replace in future license agree- ments for Java technology provisions comparable to those currently in place, where the RI and/or TCK would be covered by such license agreements. This proviso shall not be understood to exempt Sun, when it is the Spec Lead, from the obligation to license the TCK separate from the corresponding RI code when the Spec is developed under any JSR submitted hereafter. V. No provision of this Section 5.F shall be understood to require that the Spec Lead license the RI (or TCK) in source code form, but neither shall it be understood to relieve the Spec Lead of its obligations concerning the RI and the TCK under the Process. VI. If in conjunction with licensing the RI a Spec Lead also makes the corresponding Spec available to the licensee of the RI as part of the license, then the Spec Lead shall do so on terms and condi- tions consistent with Section 5.B(a)-(c), except that an implementation of the Spec under such license may incorporate parts of the RI that are not Shared Code (i.e. such implementation need not be an Independent Implementation).

Licensing of RI and TCK. I. The Spec Lead (including Sun) for a JSR approved by the JCP shall offer to any interested party licenses concerning the RI and TCK -- and also the TCK separately when developed under any JSR submitted hereafter -- on terms and conditions that are non-discriminatory, fair and reasonable. Except as otherwise set forth in this Section 5.F, such terms and conditions shall be determined by the Spec Lead in its reasonable discretion.. Review Copy Only II. With respect to the RI, the terms and conditions offered by the Spec Lead shall include, at a minimum: (a) under the Spec Lead's copyrights in the RI, the right to copy, modify the source code portions of (excluding any Shared Code, except as provided for in Section 5.G) and distribute the RI, in whole or in part, as part of a complete binary implementation of the corresponding Spec that satisfies requirements (a) – (c) of Section 5.B; and (b) under any patent claims licensable by the Spec Lead for which there is no techni- cally feasible way of avoiding infringement in the course of implementing the Specification or in the use of unmodified RI code, the right to make, have made, use, offer to sell, sell or import such implementation; pro- vided, however, the license offered pursuant to this Section 5.F.II may be conditioned on the licensee's grant- ing a reciprocal license to (or not initiating a claim against) the Spec Lead or its licensees concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringe- ment in the course of implementing the Specification or in the use of unmodified RI code. III. With respect to the TCK when licensed separately from the RI, for a Qualified Not-for- Profit or Qualified Individual there shall be no charge for the license offered by the Spec Lead. IV. If the Spec Lead limits the scope of the licenses granted pursuant to this Section 5.F, such limitations shall not be more extensive than: (i) they authorize the distribution of only such products derived from the RI as satisfy substantially the same compatibility requirements as set forth in Section 5.B(a)-(c) and any applicable TCK Users Guide; and (ii) they include provisions concerning the licensing or non-enforcement of patent claims as stringent on licensees of the RI and TCK as the provisions of Section 6 below are on You. The Spec Lead shall not include as part of the foregoing license any additional contrac- tual condition or covenant concerning compatibility that would limit or restrict the right of any licensee to create or distribute products derived from the RI. Notwithstanding the foregoing, neither this subparagraph IV nor Section 5.F.II (concerning reciprocal patent licensing, shall be understood to require Sun to modify license agreements for Java technology that Sun has in place, or to modify or replace in future license agree- ments for Java technology provisions comparable to those currently in place, where the RI and/or TCK would be covered by such license agreements. This proviso shall not be understood to exempt Sun, when it is the Spec Lead, from the obligation to license the TCK separate from the corresponding RI code when the Spec is developed under any JSR submitted hereafter. V. No provision of this Section 5.F shall be understood to require that the Spec Lead license the RI (or TCK) in source code form, but neither shall it be understood to relieve the Spec Lead of its obligations concerning the RI and the TCK under the Process. VI. If in conjunction with licensing the RI a Spec Lead also makes the corresponding Spec available to the licensee of the RI as part of the license, then the Spec Lead shall do so on terms and condi- tions consistent with Section 5.B(a)-(c), except that an implementation of the Spec under such license may incorporate parts of the RI that are not Shared Code (i.e. such implementation need not be an Independent Implementation).

Licensing of RI and TCK. I. The Spec Lead (including SunOracle) for a JSR approved by the JCP shall offer to any interested party licenses concerning the RI and TCK -- and also the TCK separately when developed under any JSR submitted hereafter -- on terms and conditions that are non-discriminatory, fair and reasonable. Except as otherwise set forth in this Section 5.F, such terms and conditions shall be determined by the Spec Lead in its reasonable discretion. II. With respect to the RI, the terms and conditions offered by the Spec Lead shall include, at a minimum: (a) under the Spec Lead's copyrights in the RI, the right to copy, modify the source code portions of (excluding any Shared Code, except as provided for in Section 5.G) and distribute the RI, in whole or in part, as part of a complete binary implementation of the corresponding Spec that satisfies requirements (a) – (c) of Section 5.B; and (b) under any patent claims licensable by the Spec Lead for which there is no techni- cally technically feasible way of avoiding infringement in the course of implementing the Specification or in the use of unmodified RI code, the right to make, have made, use, offer to sell, sell or import such implementation; pro- videdprovided, however, the license offered pursuant to this Section 5.F.II may be conditioned on the licensee's grant- ing granting a reciprocal license to (or not initiating a claim against) the Spec Lead or its licensees concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringe- ment infringement in the course of implementing the Specification or in the use of unmodified RI code. III. With respect to the TCK when licensed separately from the RI, for a Qualified Not-Not- for- Profit or Qualified Individual there shall be no charge for the license offered by the Spec Lead. IV. If the Spec Lead limits the scope of the licenses granted pursuant to this Section 5.F, such limitations shall not be more extensive than: (i) they authorize the distribution of only such products derived from the RI as satisfy substantially the same compatibility requirements as set forth in Section 5.B(a)-(c) and any applicable TCK Users Guide; and (ii) they include provisions concerning the licensing or non-enforcement of patent claims as stringent on licensees of the RI and TCK as the provisions of Section 6 below are on You. The Spec Lead shall not include as part of the foregoing license any additional contrac- tual contractual condition or covenant concerning compatibility that would limit or restrict the right of any licensee to create or distribute products derived from the RI. Notwithstanding the foregoing, neither this subparagraph IV nor Section 5.F.II (concerning reciprocal patent licensing, shall be understood to require Sun Oracle to modify license agreements for Java technology that Sun Oracle has in place, or to modify or replace in future license agree- ments agreements for Java technology provisions comparable to those currently in place, where the RI and/or TCK would be covered by such license agreements. This proviso shall not be understood to exempt SunOracle, when it is the Spec Lead, from the obligation to license the TCK separate from the corresponding RI code when the Spec is developed under any JSR submitted hereafter. V. No provision of this Section 5.F shall be understood to require that the Spec Lead license the RI (or TCK) in source code form, but neither shall it be understood to relieve the Spec Lead of its obligations concerning the RI and the TCK under the Process. VI. If in conjunction with licensing the RI a Spec Lead also makes the corresponding Spec available to the licensee of the RI as part of the license, then the Spec Lead shall do so on terms and condi- tions conditions consistent with Section 5.B(a)-(c), except that an implementation of the Spec under such license may incorporate parts of the RI that are not Shared Code (i.e. such implementation need not be an Independent Implementation).

Licensing of RI and TCK. I. The Spec Lead (including Sun) for a JSR approved this JSR, after its approval by the JCP JCP, shall offer to any interested party licenses concerning the RI and TCK -- and also the TCK separately when developed under any JSR submitted hereafter -- on terms and conditions that are non-discriminatory, fair and reasonable. Except as otherwise set forth in this Section 5.F, such terms and conditions shall be determined by the Spec Lead in its reasonable discretion. II. With respect to the RI, the terms and conditions offered by the Spec Lead shall include, at a minimum: (a) under the Spec Lead's copyrights in the RI, the right to copy, modify the source code portions of (excluding any Shared Code, except as provided for in Section 5.G) and distribute the RI, in whole or in part, as part of a complete binary implementation of the corresponding Spec that satisfies requirements (a) – (c) of Section 5.B; and (b) under any patent claims licensable by the Spec Lead for which there is no techni- cally technically feasible way of avoiding infringement in the course of implementing the Specification or in the use of unmodified RI code, the right to make, have made, use, offer to sell, sell or import such implementation; pro- videdprovided, however, the license offered pursuant to this Section 5.F.II may be conditioned on the licensee's grant- ing granting a reciprocal license to (or not initiating a claim against) the Spec Lead or its licensees licens- ees concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringe- ment in the course of implementing the Specification or in the use of unmodified RI code. III. With respect to the TCK when licensed separately from the RI, for a Qualified Not-for- for-Profit or Qualified Individual Indi- vidual there shall be no charge for the license offered by the Spec Lead. IV. If the Spec Lead limits the scope of the licenses granted pursuant to this Section 5.F, such limitations shall not be more extensive than: (i) they authorize the distribution of only such products derived from the RI as satisfy substantially the same compatibility requirements as set forth in Section 5.B(a)-(c) and any applicable TCK Users Guide; and (ii) they include provisions pro- visions concerning the licensing or non-enforcement of patent claims as stringent on licensees of the RI and TCK as the provisions of Section 6 below are on You. The Spec Lead shall not include as part of the foregoing license any additional contrac- tual condition contractual condi- tion or covenant concerning compatibility that would limit or restrict the right of any licensee to create or distribute products derived from the RI. Notwithstanding the foregoing, neither this subparagraph IV nor Section 5.F.II (concerning reciprocal patent licensing, shall be understood to require Sun to modify license agreements for Java technology that Sun has in place, or to modify or replace in future license agree- ments agreements for Java technology provisions comparable to those currently in place, where the RI and/or TCK would be covered by such license agreements. This proviso shall not be understood to exempt Sun, when it is the Spec Lead, from the obligation to license the TCK separate from the corresponding RI code when the Spec is developed under any JSR submitted sub- mitted hereafter. V. No provision of this Section 5.F shall be understood to require that the Spec Lead license the RI (or TCK) in source code form, but neither shall it be understood to relieve the Spec Lead of its obligations concerning the RI and the TCK under the Process. VI. If in conjunction with licensing the RI for the JSR to which this Agreement applies a Spec Lead also makes the corresponding Spec available to the licensee of the RI as part of the license, then the Spec Lead shall do so on terms and condi- tions consistent with Section 5.B(a)-(c), except that an implementation of the Spec under such license may incorporate parts of the RI that are not Shared Code (i.e. such implementation need not be an Independent Implementation).

Licensing of RI and TCK. I. The Spec Lead (including Sun) for a JSR approved by the JCP shall offer to any interested party licenses concerning the RI and TCK -- and also the TCK separately when developed under any JSR submitted hereafter -- on terms and conditions that are non-discriminatory, fair and reasonable. Except as otherwise set forth in this Section 5.F, such terms and conditions shall be determined by the Spec Lead in its reasonable discretion. II. With respect to the RI, the terms and conditions offered by the Spec Lead shall include, at a minimum: (a) under the Spec Lead's copyrights in the RI, the right to copy, modify the source code portions of (excluding any Shared Code, except as provided for in Section 5.G) and distribute the RI, in whole or in part, as part of a complete binary implementation of the corresponding Spec that satisfies requirements requirements (a) – (c) of Section 5.B; and (b) under any patent claims licensable by the Spec Lead for which there is no techni- cally technically feasible way of avoiding infringement in the course of implementing the Specification or in the use of unmodified RI code, the right to make, have made, use, offer to sell, sell or import such implementation; pro- vided, however, the license offered pursuant to this Section 5.F.II may be conditioned on the licensee's grant- ing a reciprocal license to (or not initiating a claim against) the Spec Lead or its licensees concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringe- ment in the course of implementing the Specification or in the use of unmodified RI code. III. With respect to the TCK when licensed separately from the RI, for a Qualified Not-for- Profit or Qualified Individual there shall be no charge for the license offered by the Spec Lead. IV. If the Spec Lead limits the scope of the licenses granted pursuant to this Section 5.F, such limitations shall not be more extensive than: (i) they authorize the distribution of only such products derived from the RI as satisfy substantially the same compatibility requirements as set forth in Section 5.B(a)-(c) and any applicable TCK Users Guide; and (ii) they include provisions concerning the licensing or non-non- enforcement of patent claims as stringent on licensees of the RI and TCK as the provisions of Section 6 below are on You. The Spec Lead shall not include as part of the foregoing license any additional contrac- tual contractual condition or covenant concerning compatibility that would limit or restrict the right of any licensee to create or distribute products derived from the RI. Notwithstanding the foregoing, neither this subparagraph IV nor Section 5.F.II (concerning reciprocal patent licensing, shall be understood to require Sun to modify license agreements for Java technology that Sun has in place, or to modify or replace in future license agree- ments agreements for Java technology provisions comparable to those currently in place, where the RI and/or TCK would be covered by such license agreements. This proviso shall not be understood to exempt Sun, when it is the Spec Lead, from the obligation to license the TCK separate from the corresponding RI code when the Spec is developed under any JSR submitted hereafter. V. No provision of this Section 5.F shall be understood to require that the Spec Lead license the RI (or TCK) in source code form, but neither shall it be understood to relieve the Spec Lead of its obligations concerning the RI and the TCK under the Process. VI. If in conjunction with licensing the RI a Spec Lead also makes the corresponding Spec available to the licensee of the RI as part of the license, then the Spec Lead shall do so on terms and condi- tions consistent with Section 5.B(a)-(c), except that an implementation of the Spec under such license may incorporate parts of the RI that are not Shared Code (i.e. such implementation need not be an Independent Implementation).unders

Licensing of RI and TCK. I. The Spec Lead (including Sun) for a JSR approved by the JCP shall offer to any interested party licenses concerning license third parties the right to copy, modify and use the corresponding RI and TCK approved by the JCP -- and also the TCK separately when developed under any JSR submitted hereafter -- to make and distrib- ute implementations of the Spec on terms and conditions that are non-discriminatory, fair and reasonablereason- able, which shall include at least the right to use the RI under any patent rights licensable by the Spec Lead for which there is no technically feasible way of avoiding infringement in the course of imple- xxxxxxx the Specification or in the use of unmodified RI code. Except as otherwise set forth in this Section 5.F, such Such terms and conditions shall be determined by the Spec Lead in its reasonable discretion. II. With respect to the RI, the terms and conditions offered by the Spec Lead shall include, at a minimum: (a) under the Spec Lead's copyrights in the RI, the right to copy, modify the source code portions of (excluding any Shared Code, except as provided for in Section 5.G) and distribute the RI, in whole or in part, as part of a complete binary implementation of the corresponding Spec that satisfies requirements (a) – (c) of Section 5.B; and (b) under any patent claims licensable by the Spec Lead for which there is no techni- cally feasible way of avoiding infringement in the course of implementing the Specification or in the use of unmodified RI code, the right to make, have made, use, offer to sell, sell or import such implementation; pro- vided, however, the license offered pursuant to this Section 5.F.II may be conditioned on the licensee's grant- ing a reciprocal license to (or not initiating a claim against) the Spec Lead or its licensees concerning any patent claims licensable by such licensee for which there is no technically feasible way of avoiding infringe- ment in the course of implementing the Specification or in the use of unmodified RI code. III. With respect to the TCK when licensed separately from the RI, for a Qualified Not-for- for-Profit or Qualified Individual there shall be no charge for the license offered by the Spec Leadlicense. IVII. If the Spec Lead limits the scope of the licenses granted pursuant to this Section 5.Fthe previous para- graph, such limitations shall not be more extensive than: (i) they authorize the distribution of only such products derived from the RI as satisfy substantially the same compatibility requirements as set forth in Section 5.B(a)-(c) and any applicable TCK Users Guide; (ii) subject to subparagraph (i) above, they grant licensees the right to develop and distribute complete binary implementations of the Spec incor- porating any or all of the RI; and (iiiii) they include provisions concerning the licensing or non-enforcement enforce- ment of patent claims that are at least as stringent on licensees of the RI and TCK as the provisions of Section 6 below are on You. The Spec Lead shall not include as part of the foregoing license any additional contrac- tual addi- tional contractual condition or covenant concerning compatibility that would limit or restrict the right of any licensee to create or distribute products derived from the RI. Notwithstanding the foregoing, neither this subparagraph IV nor Section 5.F.II (concerning reciprocal patent licensing, of the two previous sentences shall be understood to require Sun to modify license agreements for Java technology that Sun has in place, or to modify or replace in future license agree- ments agreements for Java technology provisions comparable to those currently in place, where the RI and/or TCK would be covered cov- ered by such license agreements. This proviso shall not be understood to exempt Sun, when it is the Spec Lead, from the obligation to license the TCK separate from the corresponding RI code when the Spec is developed under any JSR submitted hereafter. V. III. No provision of this Section 5.F 5.E shall be understood to require that the Spec Lead license the RI (or TCK) in source code form, but neither shall it be understood to relieve the Spec Lead of its obligations concerning the RI and the TCK under the Process. VIIV. If in conjunction with licensing the RI a Spec Lead also makes the corresponding Spec available to the licensee of the RI as part of the license, then the Spec Lead shall do so on terms and condi- tions conditions consistent with Section 5.B(a)-(c), except that an implementation of the Spec under such license may incorporate parts of the RI that are not Shared Code (i.e. such implementation need not be an Independent Implementation).