As many of you know, Apache has had to periodically tussle with Sun over the terms for participating in the Java Community Process and the ability to actually implement the specifications we help define. Well, in this case, my employer is the Spec Lead and we are going through the final struggle publish JSR 170 in a way that allows the ASF to distribute compliant implementations via the incubating Apache Jackrabbit project.
The short story is that I have had to rewrite our TCK license in the hope that it matches Day's need for compliant implementations, Sun's need for protecting the Specification license (a separate beast), and Apache's need to actually implement and test both the Jackrabbit implementation and the set of test cases that are actually tested by the TCK, since Day is doing all of its RI and TCK work within Jackrabbit and merely using svn:externals to build the official TCK.
The ultimate goal is to create an open source license for the source within the TCK that can be reused by other spec leads in the future (e.g., BEA, IBM, and maybe even Apache if we ever own a spec).
So, if you are in the mood to read another license, I'd appreciate any comments you might have on the below text, particularly if I've written something that appears wacko from a legal perspective.
Cheers,
Roy T. Fielding <http://roy.gbiv.com/> Chief Scientist, Day Software <http://www.day.com/>
==============================
Day TCK License Version 3.0, April 2005
Specification Lead: Day Management AG, Basel, Switzerland.
Specification: Content Repository for JavaTM Technology API
Version: 1.0
URI: <http://www.jcp.org/en/jsr/detail?id=170>READ THE TERMS OF THIS LICENSE (the "Agreement") CAREFULLY BEFORE INSTALLING OR USING THE TECHNOLOGY COMPATIBILITY KIT LICENSED HEREUNDER. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST PROMPTLY CEASE ANY USE OF THE TECHNOLOGY COMPATIBILITY KIT AND RETURN OR DESTROY ALL COPIES IN YOUR POSSESSION. IF YOU ARE ACCESSING THE TECHNOLOGY COMPATIBILITY KIT ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. BY CONTINUING THE INSTALLATION PROCESS OR USING THE TECHNOLOGY COMPATIBILITY KIT, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.
1. Scope.
"Technology Compatibility Kit" or "TCK" means the documentation, testing tools, and test suites associated with the Specification identified above, as may be revised by the Specification Lead from time to time, designated for use by an implementer to determine if its implementation is compliant with the Specification. This Agreement applies only to the TCK and derivative works thereof; the Specification is made available separately at the location described above and is not included within the TCK made available under this Agreement.
2. Passing the TCK.
(a) The "TCK for the Specification" is the most recent version of the TCK, as published by the Specification Lead (or its duly authorized representatives), without any further modification beyond that required by the TCK User's Guide for normal installation and configuration.
(b) Subject to the terms and conditions of this Agreement, including the terms and conditions of the Apache License, Version 2.0 (Exhibit A), You may use a copy of the TCK for the Specification to test an implementation for compliance to the Specification. Upon completion of the tests, the TCK will inform the user whether or not the implementation tested does "pass the TCK" and to what levels and/or optional feature sets of the Specification the implementation complies.
(c) You may not use any marks, brands or logos associated with the Specification, or otherwise promote or market any product as being compatible, compliant, conformant or otherwise consistent with the Specification, unless such product has been tested and does "pass the TCK" in accordance with section 2(b).
(d) You may self-certify that Your product passes the TCK for the Specification as set forth above, if and when such product in fact does so, provided that You also agree to comply with the Dispute Resolution Process described in section 3 if requested to do so by the Specification Lead.
3. Dispute Resolution Process.
(a) If Your product uses any marks, brands or logos associated with the Specification, or is otherwise promoted or marketed as being compatible, compliant, conformant or otherwise consistent with the Specification, and the Specification Lead reasonably believes that Your product does not pass the TCK for the Specification, the Specification Lead may require You to submit specific test documentation to the Specification Lead, or to an independent third party audit facility designated by the Specification Lead, for verification of proper compatibility testing.
(b) If the audit determines that Your product does not pass the TCK for the Specification, then You shall be responsible for all reasonable costs of such audit, including but not limited to the costs of retesting, and You shall, within 90 days of receipt of notice that the Product does not pass the TCK, either (i) modify the Product so that it does pass the TCK and resubmit it to the third party auditor for retesting, or (ii) cease use of any marks, brands or logos associated with the Specification and cease to promote or market the product as being compatible, compliant, conformant, or otherwise consistent with the Specification.
4. Other use, reproduction, and redistribution.
Subject to the terms and conditions of the Apache License, Version 2.0 (Exhibit A), You may also use, reproduce, or redistribute the software and test cases included in the TCK, with or without modification, provided that such use, reproduction, or redistribution is not portrayed in any way as the TCK for the Specification and does not make use of the trade names, trademarks, service marks, or product names of the Specification Lead without prior written permission.
5. Miscellaneous
This Agreement represents the complete agreement concerning the subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed in accordance with the laws of the principle place of business for the Specification Lead, as identified at the top of this Agreement.
Exhibit A: Apache License, Version 2.0
Apache License
Version 2.0, January 2004
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