SUN COMMUNITY SOURCE LICENSE
Version 3.0

I.	DEFINITIONS.

"Community Code" means Reference Code, Contributed Code, and any combination thereof.

"Community Member" means You and any other party that has entered into and has in effect a version of this License (or who is similarly authorized and obligated by Original Contributor) for the Technology with Original Contributor.

"Contributed Code" means (a) Error Corrections, (b) Shared Modifications and (c) any other code other than Reference Code made available by Community Members in accordance with this License.

"Contributed Code Specifications" means the functional, interface and operational specifications and documentation for Contributed Code.

"Covered Code" means Community Code and Modifications.

"Error Corrections" mean Modifications which correct any failure of Covered Code to conform to any aspect of the Technology Specifications.

"Interfaces" means classes or other programming code or specifications designed for use with the Technology comprising a means or link for invoking functionality, operations or protocols and which are additional to or extend the interfaces designated in the Technology Specifications.

"Modifications" means any (a) change or addition to Covered Code, or (b) new source or object code implementing any portion of the Technology Specifications, but (c) excluding any incorporated Reference Code. 

"Original Contributor" means Sun Microsystems, Inc. and its successors and assigns.

"Reference Code" means source code for the Technology designated by Original Contributor at the Technology Site from time to time.

"Research Use" means research, evaluation, development, educational or personal and individual use, excluding use or distribution for direct or indirect commercial (including strategic) gain or advantage.

"Shared Modifications" means those Modifications which Community Members elect to share with other Community Members pursuant to Section III.B.

"Technology Specifications" means the functional, interface and operational specifications and documentation for the Technology designated by Original Contributor at the Technology Site from time to time.

"Technology" means the technology described in and contemplated by the Technology Specifications and which You have received pursuant to this License.

"Technology Site" means the website designated by Original Contributor for accessing Community Code and Technology Specifications.

"You" means the individual executing this License or the legal entity or entities represented by the individual executing this License.  "Your" is the possessive of "You."

II. 	PURPOSE.

Original Contributor is licensing the Reference Code and Technology Specifications and is permitting implementation of Technology under and subject to this Sun Community Source License (the "License") to promote research, education, innovation and product development using the Technology.   

COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTED ONLY UNDER OPTIONAL SUPPLEMENTS/ATTACHMENTS TO THIS LICENSE.

III. 	RESEARCH USE RIGHTS.

A.	From Original Contributor.    Subject to and conditioned upon Your full compliance with the terms and conditions of this License, including Sections IV (Restrictions and Community Responsibilities) and V.E.7 (International Use), Original Contributor:

1.	grants to You a non-exclusive, worldwide and royalty-free license to the extent of Original Contributor's intellectual property rights in and covering the Reference Code and Technology Specifications to do the following for Your Research Use only:
a)	reproduce, prepare derivative works of, display and perform the Reference Code, in whole or in part, alone or as part of Covered Code;
b)	reproduce, prepare derivative works of and display the Technology Specifications;
c)	distribute source or object code copies of Reference Code, in whole or in part, alone or as part Covered Code, to other Community Members or to students;
d)	distribute object code copies of Reference Code, in whole or in part, alone or as part of object code copies of Covered Code, to third parties;
e)	use Original Contributor's class, interface and package names only insofar as necessary to accurately reference or invoke Your Modifications for Research Use; and
f)	use any associated software tools (excluding Compliance Materials), documents and information provided by Original Contributor at the Technology Site for use in exercising the above license rights.

B.	Contributed Code. Subject to and conditioned upon compliance with the terms and conditions of this License, including Sections IV (Restrictions and Community Responsibilities) and V.E.7 (International Use), each Community Member: 

1.	grants to each Community Member a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to the extent of such Community Member's intellectual property rights in and covering its Contributed Code, to reproduce, modify, display and distribute its Contributed Code, in whole or in part, in source code and object code form, to the same extent as permitted under such Community Member's License with Original Contributor (including all supplements/attachments thereto).

2.	grants to Original Contributor a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to the extent of such Community Member's intellectual property rights in and covering its Contributed Code and Contributed Code Specifications, to (a) use, reproduce, modify, display, prepare derivative works of and distribute Contributed Code and modifications and derivative works thereof, in whole or in part, in source code and object code form, as part of Reference Code or other technologies based in whole or in part on Reference Code or Technology; (b) prepare, use, reproduce, modify, display, prepare derivative works of and distribute Contributed Code Specifications, and modifications and derivative works thereof, in whole or in part, in connection with the exercise of such rights; and (c) sublicense any of the foregoing through multiple tiers of distribution.

C.	Subcontracting.  You may provide Covered Code to a contractor for the sole purpose of providing development services exclusively to You consistent with Your rights under this License.  Such Contractor must be a Community Member or have executed an agreement with You that is consistent with Your rights and obligations under this License.  Such subcontractor must assign exclusive rights in all work product to You.  You agree that such work product is to be treated as Covered Code.

D.	No Implied Licenses.  Neither party is granted any right or license other than the licenses and covenants expressly set out herein. Other than the licenses and covenants expressly set out herein, Original Contributor retains all right, title and interest in Reference Code and Technology Specifications and You retain all right, title and interest in Your Modifications and associated specifications. Except as expressly permitted herein, You must not otherwise use any package, class or interface naming conventions that appear to originate from Original Contributor.

IV.	RESTRICTIONS AND COMMUNITY RESPONSIBILITIES.

As a condition to Your license and other rights, You must comply with the restrictions and responsibilities set forth below, as modified or supplemented, if at all, in Attachment B, Additional Requirements and Responsibilities.

A.	Source Code Availability.  You must provide source code and any specifications for Your Error Corrections to Original Contributor as soon as practicable. You may provide other Contributed Code to Original Contributor at any time, in Your discretion.  Original Contributor may, in its discretion, post Your Contributed Code and Contributed Code Specifications on the Technology Site. Additionally, You may post Your Contributed Code and/or Contributed Code Specifications for Research Use on another website of Your choice; provided, however that You may distribute or display source code of Covered Code and the Technology Specifications only for Research Use and only to:  (i) Community Members from whom You have first obtained a certification of status in the form set forth in Attachment A-1, and (ii) students from whom You have first obtained an executed acknowledgment in the form set forth in Attachment A-2.  You must keep a copy of each such certificate and acknowledgment You obtain and provide a copy to Original Contributor, if requested.

B.	Notices.   You must reproduce without alteration copyright and other proprietary notices in any Covered Code that You distribute. The statement, "Use and Distribution is subject to the Sun Community Source License available at http://www.sun.com/software/communitysource" must appear prominently in Your Modifications and, in all cases, in the same file as all Your copyright and other proprietary notices. 

C.	Modifications.  You must include a "diff" file with Your Contributed Code that identifies and details the changes or additions You made, the version of Reference Code or Contributed Code You used and the date of such changes or additions.   In addition, You must provide any Contributed Code Specifications for Your Contributed Code. Your Modifications, whenever created, are Covered Code and You expressly agree that use and distribution, in whole or in part, of Your Modifications shall only be done in accordance with and subject to this License.

D.	Distribution Requirements.  You may distribute object code of Covered Code to third parties for Research Use only pursuant to a license of Your choice which is consistent with this License.

E. 	Extensions.

1.	You may create and add Interfaces but, unless expressly permitted at the Technology Site, You must not incorporate any Reference Code in Your Interfaces. If You choose to disclose or permit disclosure of Your Interfaces to even a single third party for the purposes of enabling such third party to independently develop and distribute (directly or indirectly) technology which invokes such Interfaces, You must then make the Interfaces open by (a) promptly following completion thereof, publishing to the industry, on a non-confidential basis and free of all copyright restrictions, a reasonably detailed, current and accurate specification for the Interfaces, and (b) as soon as reasonably possible, but in no event more than thirty (30) days following publication of Your specification, making available on reasonable terms and without discrimination, a reasonably complete and practicable test suite and methodology adequate to create and test implementations of the Interfaces by a reasonably skilled technologist.

2.	You shall not assert any intellectual property rights You may have covering Your Interfaces which would necessarily be infringed by the creation, use or distribution of all reasonable independent implementations of Your specification of such Interfaces by Original Contributor or a Community Member. Nothing herein is intended to prevent You from enforcing any of Your intellectual property rights covering Your specific implementation of Your Interfaces, or functionality using such Interfaces, other than as specifically set forth in this Section IV.E.2.

V.	GENERAL TERMS.

A.	License Versions. 

Only Original Contributor may promulgate new versions of this License.  New code and specifications which You may subsequently choose to accept will be subject to any new License in effect at the time of Your acceptance of such code and specifications.  Once You have accepted Reference Code, Technology Specifications, Contributed Code and/or Contributed Code Specifications under a version of this License, You may continue to use such version of Reference Code, Technology Specifications, Contributed Code and/or Contributed Code Specifications under that version of the License.  

B.	Disclaimer Of Warranties.

1.	COVERED CODE, ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH COVERED CODE,  TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS.  YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS UNDER THIS LICENSE.  NO USE OF ANY COVERED CODE, TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED CODE SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION FOR THIS DISCLAIMER.

2.	You understand that, although Original Contributor and each Community Member grant the licenses set forth in the License and any supplements/attachments hereto, no assurances are provided by Original Contributor or any Community Member that Covered Code or any specifications do not infringe the intellectual property rights of any third party.

3.	You acknowledge that Reference Code and Technology Specifications are neither designed nor intended for use in the design, construction, operation or maintenance of any nuclear facility. 

C.	Infringement; Limitation Of Liability.

1.	Original Contributor and each Community Member disclaim any liability to all Community Members for claims brought by any third party based on infringement of intellectual property rights.

2.	If any portion of, or functionality implemented by, the Community Code, Technology or Technology Specifications becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), Original Contributor may, in its unrestricted discretion, suspend Your rights to use and distribute the Affected Materials under this License.  Such suspension of rights will be effective immediately upon Original Contributor's posting of notice of suspension on the Technology Site. Original Contributor has no obligation to lift the suspension of rights relative to the Affected Materials until a final, non-appealable determination is made by a court or governmental agency of competent jurisdiction that Original Contributor is legally able, without the payment of a fee or royalty, to reinstate Your rights to the Affected Materials to the full extent contemplated hereunder.  Upon such determination, Original Contributor will lift the suspension by posting a notice to such effect on the Technology Site.  Nothing herein shall be construed to prevent You, at Your option and expense, and subject to applicable law and the restrictions and responsibilities set forth in this License and any supplements/attachments, from replacing Community Code in Affected Materials with non-infringing code or independently negotiating, without compromising or prejudicing Original Contributor's position, to obtain the rights necessary to use Affected Materials as herein permitted.

4.	ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS LICENSE OR ANY SUPPLEMENT/ATTACHMENT HERETO, WHETHER FOR BREACH OR TORT, IS LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US$1000.00) OR THE FULL AMOUNT PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY.  IN NO EVENT WILL ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (including negligence), WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  LIABILITY UNDER THIS SECTION V.C.3 SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

D. 	Termination.

1.	You may terminate this License at any time by notifying Original Contributor in writing.
 
2.	All Your rights will terminate under this License (including any supplements/attachments hereto) if You fail to comply with any of the material terms or conditions of this License (including any supplements/attachments hereto) and do not cure such failure within thirty (30) days after becoming aware of such noncompliance.

3.	If You institute patent litigation against any Community Member with respect to a patent applicable to Community Code, then any patent licenses granted by such Community Member to You under this License shall terminate as of the date such litigation is filed.  If You institute patent litigation against Original Contributor or any Community Member alleging that Covered Code, Technology or Technology Specifications infringe Your patent(s), then Original Contributor may in its sole discretion terminate all rights granted to You under this License (including any supplements/attachments hereto) immediately upon written notice.

4.	Upon termination, You must discontinue all uses and distribution of Covered Code, except that You may continue to use, reproduce, prepare derivative works of, display and perform Your Modifications, so long as the license grants of this license are not required to do so, for purposes other than to implement functionality designated in any portion of the Technology Specifications.  Properly granted sublicenses to third parties will survive termination.  Provisions which, by their nature, should remain in effect following termination survive.

E. 	Miscellaneous.

1.	Trademark.  You agree to comply with Original Contributor's Trademark & Logo Usage Requirements, as modified from time to time, available at the Technology Site.  Except as expressly provided in this License, You are granted no rights in or to any Sun, Jini, Jiro or Java trademarks now or hereafter used or licensed by Original Contributor (the "Sun Trademarks").  You agree not to (a) challenge Original Contributor's ownership or use of Sun Trademarks; (b) attempt to register any Sun Trademarks, or any mark or logo substantially similar thereto; or (c) incorporate any Sun Trademarks into Your own trademarks, product names, service marks, company names or domain names.

2.	Integration and Assignment.  Original Contributor may assign this License (and any supplements/attachments) to another by written notification to You.  This License (and executed supplements/attachments) represents the complete agreement of the parties concerning the subject matter hereof.

3.	Severability.  If any provision of this License is held unenforceable, such provision shall be reformed to the extent necessary to make it enforceable unless to do so would defeat the intent of the parties, in which case, this License shall terminate.

4.	Governing Law.  This License is governed by the laws of the United States and the State of California, as applied to contracts entered into and performed in California between California residents.  The choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods shall not apply, nor shall any law or regulation which provides that a contract be construed against the drafter.

5.	Dispute Resolution.
a)  	Any dispute arising out of or relating to this License shall be finally settled by arbitration as set forth in this Section V.E.5, except that either party may bring an action in a court of competent jurisdiction (which jurisdiction shall be exclusive), relative to any dispute relating to such party's intellectual property rights or Your compliance with Original Contributor's compatibility requirements.  Arbitration will be administered (i) by the American Arbitration Association (AAA), (ii) in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL) (the "Rules") in effect at the time of arbitration, modified as set forth herein, and (iii) by an arbitrator described in Section V.E.5.b who shall apply the governing laws required under Section V.E.4 above.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such award. The arbitrator must not award damages in excess of or of a different type than those permitted by this License and any such award is void.
b)	All proceedings will be in English and conducted by a single arbitrator selected in accordance with the Rules who is fluent in English, familiar with technology matters pertinent in the dispute and is either a retired judge or practicing attorney having at least ten (10) years litigation experience.  Venue for arbitration will be in San Francisco, California, unless the parties agree otherwise. Each party will be required to produce documents relied upon in the arbitration and to respond to no more than twenty-five single question interrogatories. All awards are payable in US dollars and may include for the prevailing party (i) pre-judgment interest, (ii) reasonable attorneys' fees incurred in connection with the arbitration, and (iii) reasonable costs and expenses incurred in enforcing the award.
c)	Nothing herein shall limit either party's right to seek injunctive or other provisional or equitable relief at any time.

6.	U.S. Government.  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), the Government's rights in this Software and accompanying documentation shall be only as set forth in this license, in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions).

7.	International Use.
a)	Covered Code is subject to US export control laws and may be subject to export or import regulations in other countries.  Each party shall comply fully with all such laws and regulations and acknowledges its responsibility to obtain such licenses to export, re-export or import as may be required.  You must pass through these obligations to all Your licensees.
b)	You must not distribute Reference Code or Technology Specifications into countries other than those listed on the Technology Site by Original Contributor, from time to time.

READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING. 

BY CLICKING ON THE ACCEPT BUTTON BELOW, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY THE TERMS AND CONDITIONS OF THIS LICENSE. 

YOU REPRESENT THAT YOU ARE legally entitled to grant the licenses set forth herein and that you have sufficient copyrights to allow each Community Member and Original Contributor to use and distribute Your Shared Modifications and Error Corrections as herein permitted (including as permitted in any supplements/attachments to this License).

IF YOU ARE AGREEING TO THIS LICENSE IN AN EMPLOYEE OR AGENT CAPACITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND YOUR EMPLOYER OR PRINCIPAL TO THE LICENSE. 

WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF YOUR EMPLOYER OR PRINCIPAL, YOU MUST BE OF MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS. 

IF YOU DO NOT MEET THESE CRITERIA, OR YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE, CLICK ON THE REJECT BUTTON AND EXIT NOW.

ACCEPT LICENSE						REJECT LICENSE AND EXITATTACHMENT A-1
COMMUNITY MEMBER CERTIFICATE

"You certify that You are a Licensee in good standing under the Sun Community Source License for the ____________ Technology (fill in applicable Technology and Version) (the "License") and that You agree to use and distribute code, documentation and information You may obtain pursuant to this certification only in accordance with the terms and subject to the conditions of the License."

Add to the end of the foregoing, as appropriate:

For written documents:

"Signature:____________________

Printed Name 
and Title:_____________________

Company _____________________"

For web downloads add buttons with the following:

"Agreed and Accepted		Reject and Exit"

ATTACHMENT A-2
STUDENT ACKNOWLEDGMENT 

"You acknowledge that this software and related documentation has been obtained by your educational institution subject to the Sun Community Source License (the "License").  You have been provided with access to the software and documentation for use only in connection with your course work as a matriculated student of your educational institution.  Commercial use of the software and documentation is expressly prohibited.

THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS OF SUN MICROSYSTEMS, INC. PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS.  YOUR USE OF THE SOFTWARE AND DOCUMENTATION IS LIMITED."

Add to the end of the foregoing, as appropriate:

For written documents:

"Signature:________________________

Printed Name :_____________________"

For web downloads add buttons with the following:

"Agreed and Accepted		Reject and Exit"
COMMERCIAL USE SUPPLEMENT TO SUN COMMUNITY SOURCE  LICENSE

I.	PURPOSE AND EFFECT.

This Commercial Use Supplement General Terms ("CUSupp") is required for Commercial Use of Covered Code and shall be made effective as to any Technology specified in a Technology Specific Attachment once such Technology Specific Attachment is signed by You and Original Contributor.  The rights and responsibilities set forth in this CUSupp are additional to those in Your License.  You have agreed to the terms of the License by selecting the "Accept" button at the end of the License or by executing a hardcopy License with Original Contributor.  You acknowledge that the License  is binding on You.

II.	DEFINITIONS.  Capitalized terms used but not defined in this CUSupp shall have the same meaning as the identical capitalized terms in Section I of the License.  Additional terms are defined as follows:
	
"Commercial Use" means uses and distributions of Covered Code for any direct or indirect commercial or strategic gain or advantage.

"Compliant Implementation" means Covered Code that fully implements and conforms to the Technology Specifications and complies with the Compliance Materials, the License, this CUSupp and applicable Technology Specific Attachment(s).

"Compliance Materials" means the test programs, guides, documentation and other materials identified in the Technology Specific Attachment(s) for use in establishing that Covered Code is a Compliant Implementation, as may be revised by Original Contributor from time to time.
 
"Technology Specific Attachment(s)" means an attachment or attachments to the License and this CUSupp which contains terms and conditions specific to the Technology therein identified as well as the specifics of the Compliance Materials and requirements for such Technology.

III. 	COMMERCIAL USE RIGHTS.

A.	Commercial Use.  Subject to and conditioned upon Your compliance with the terms and conditions of Your Research Use license and the additional terms and conditions set forth in this CUSupp and associated Technology Specific Attachment(s), including the provisions of Section IV, below, Original Contributor hereby adds to those rights enumerated under Section III.A.1 of the Research Use license the non-exclusive, worldwide, royalty-bearing right to, within the specified Field of Use denoted in the Technology Specific Attachment:

1.	use the Compliance Materials to determine whether Covered Code constitutes a Compliant Implementation;
2.	use, reproduce, display, perform and distribute internally source and object code copies of Compliant Implementations for Commercial Use;
3.	reproduce and distribute to third parties and Community Members through multiple tiers of distribution object code copies of Compliant Implementations for Commercial Use;
4.	reproduce and distribute the source code of Compliant Implementations to Community Members licensed for Commercial Use of the same Technology; and
5.	reproduce and distribute a copy of the Technology Specifications (which may be reformatted, but must remain substantively unchanged) with Compliant Implementations for Commercial Use.

IV. 	ADDITIONAL RESTRICTIONS AND COMMUNITY RESPONSIBILITIES.

As a condition to the Commercial Use rights granted above, You must comply with the following restrictions and community responsibilities (in addition to those in the License):

F.	Certification.  You may distribute source code of Compliant Implementations for Commercial Use only to Original Contributor or to Community Members from whom You have first obtained a certification of status in the form set forth in Attachment A-1.  You must keep a copy of each such certificate and acknowledgment You obtain and provide a copy to Original Contributor, if requested. 

G.	Compliance Materials.  Depending on the Technology licensed, Your access to and use of the Compliance Materials may be subject to additional requirements such as entering into a support agreement and trademark license.  Such additional requirements, if any, are as set out in the Technology Specific Attachment.  You agree to comply fully with all such applicable requirements.

H.	Compatibility.  Only Compliant Implementations may be used and distributed for Commercial Use.

I.	Commercial Distribution Requirement.

1.	You may distribute object code copies for Commercial Use as herein contemplated under a license agreement of Your choice which is consistent with Your rights and obligations under the License and this CUSupp.  You may provide warranties, indemnities and/or other additional terms and conditions in Your license agreements, provided that it is clear that such additional terms and conditions are offered by You only.  You hereby agree to hold Original Contributor and each Community Member harmless and indemnify against any liability arising in connection with such terms and conditions.  You will pay all damages, costs and fees awarded by a court or arbitrator having jurisdiction over the matter or any settlement amount negotiated by You and attributable to such claim.

2.	You may distribute or display the Technology Specifications only pursuant to the specification license agreement applicable to the Technology Specifications in question in the exact form provided by Original Contributor on the Technology Site, and provided that You require, as a pre-condition of any third party's access to Technology Specifications distributed or displayed by You, acceptance by such third party of the terms of such specification license.

J.	End User License Terms.  You must include the following terms and conditions in end user license agreements accompanying copies of Compliant Implementations distributed for Commercial User hereunder:

1.	Software contains copyrighted information of Sun Microsystems, Inc. and title is retained by Sun.

2.	Use, duplication or disclosure by the United States government is subject to the restrictions set forth in the Rights in Technical Data and Computer Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as applicable.

K.	Defense of Claims.

1.	By Original Contributor.

(a)	Notwithstanding Section V.C.1 of the License, Original Contributor will defend, at its expense, any legal proceeding brought against You to the extent based on a claim that Your authorized Commercial Use of Reference Code is an infringement of a third party trade secret or copyright in a country that is a signatory to the Berne Convention, and will pay all damages, costs and fees awarded by a court of competent jurisdiction, or such settlement amount negotiated by Original Congributor, attributable to such claim.  The foregoing shall not apply to any claims of intellectual property infringement based upon the combination of code or documentation supplied by Original Contributor with code, technology, or documentation from other sources.

(b)	Original Contributor will have the right, but not the obligation, to defend You, at Original Contributor's expense, in connection with a claim that Your Commercial Use of Reference Code is an infringement of a third party patent, and, if Original Contributor elects in its sole discretion to defend You, will pay all damages, costs and fees awarded by a court or tribunal of competent jurisdiction, or such settlement amount negotiated by Original Contributor and attributable to such claim.

(c)	Should any Reference Code become, or in Original Contributor's opinion be likely to become, the subject of a claim of infringement for which indemnity is provided above, Original Contributor may, at its sole option:  (a) attempt to procure on reasonable terms the rights necessary for You to exercise Your license rights under this License with respect to the infringing items, or (b) modify the infringing items so that they are no longer infringing without substantially impairing their function or performance. If Original Contributor is unable to do the foregoing after reasonable efforts, then Original Contributor may send a notice of such inability to You together with a refund of any prepaid license fees received by Original Contributor, if any, from You for the infringing items to the extent applicable to Your future use or distribution of such infringing items, in which case Original Contributor will not be liable for any damages resulting from infringing activity with respect to the infringing items occurring after such notice and refund.

2.	By You.  Notwithstanding Section V.C.1 of the License, You will defend, at Your expense, any legal proceeding brought against any Original Contributor and any Community Member to the extent based on a claim:  (a) that the use, reproduction or distribution of any of Your Contributed Code or Contributed Code Specifications is an infringement of a third party trade secret or copyright in a country that is a signatory to the Berne Convention; (b) arising in connection with any representation, warranty, support, indemnity, liability or other license terms that you may offer in connection with any Covered Code; or (c) arising from Your Commercial Use of Covered Code, other than a claim covered by Section IV.K.1 above, and other than a patent claim based solely on Reference Code.  You will pay all damages, costs and fees awarded by a court of competent jurisdiction, or such settlement amount negotiated by Original Contributor, attributable to such claim.

3.	Prerequisites.  Under Sections IV.K.1.a and IV.K.1.b, You must, and under Section IV.K.2, Original Contributor or a Community Member must:  (a) provide notice of the claim promptly to the indemnifying party; (b) give the indemnifying party sole control of the defense and settlement of the claim; (c) provide to indemnifying party, at the indemnifying party's expense, all available information, assistance and authority to defend and settle; and (d) have not compromised or settled such claim or proceeding with the indemnifying party's prior written consent.

4.	Entire Liability.  Section IV.K.1 states Original Contributor's entire liability and Your sole and exclusive remedy with respect to claims of infringement of any intellectual property rights brought by any third party or any Community Member.  Section IV.K.2 states Your entire liability and Original Contributor's sole and exclusive remedy with respect to claims of infringement of any intellectual property rights brought by any third party or any Community Member.

L.  	Notice of Breach or Infringement. You agree to notify Original Contributor should You become aware of any potential or actual breach or violation of the License or infringement of the Technology or any of Original Contributor's intellectual property rights in the Technology, Reference Code or Technology Specifications.
 
M.	Proprietary Rights Notices. You must not remove any copyright notices, trademark notices or other proprietary legends of Original Contributor or its suppliers contained on or in the Covered Code, Technology Specifications and Contributed Code Specifications.

N.	Relationship.  The relationship created is that of licensor and licensee only.  You hereby waive the benefit of any law or regulation dealing with the establishment and regulation of franchises or agencies.

O.	Assignment.  This CUSupp and Technology Specific Attachment(s) shall not be assigned by You, including by way of merger (regardless of whether You are the surviving entity), acquisition or otherwise, without Original Contributor's prior written consent.