Dear List I hope I am not stirring anything up hear.. but before I joined this list (last week) I happened to have already written to Craig Russel from SUN, regarding the best implementation of JDO that we could use. He said he "was not in a position to say which implementation was better"...
I have written to ask about the legal issues regarding the use of JDORI. I will inform the list when he replys.... If I understand correctly, we could use OJB... but this would be without the JDORI.... Other implementations do not implement this interface if I understand correctly, and OJB is not yet finalised enough to act other than a plugin? Am I right ? Kind regards Ben Bookey. ----- Original Message ----- From: "Thomas Mahler" <[EMAIL PROTECTED]> To: "OJB Users List" <[EMAIL PROTECTED]> Sent: Sunday, June 15, 2003 5:53 PM Subject: Re: New to OJB --> Should We Use IT ? > Hi all, > > Brian McCallister wrote: > > I'm not Thomas, but... > > > > OJB does not fully implement JDO at this point. OJB does have a JDO > > implementation that functions as a plugin to Sun's reference > > implementation of JDO (referred to as JDORI, for "JDO Reference > > Implementation"). > > correct! > > > > > The JDORI is not licensed for commercial use. > > here is the full licence as of today (sorry for its length, but it's > worth reading carefully): > "SUN COMMUNITY SOURCE LICENSE Version 2.12 (Rev. Date March > 8, 2002) > > RECITALS > > Original Contributor has developed Specifications and Source > Code implementations of certain Technology; and > > Original Contributor desires to license the Technology to a > large community to facilitate research, innovation and > product development while maintaining compatibility of such > products with the Technology as delivered by Original > Contributor; and > > Original Contributor desires to license certain Sun > Trademarks for the purpose of branding products that are > compatible with the relevant Technology delivered by > Original Contributor; and > > You desire to license the Technology and possibly certain > Sun Trademarks from Original Contributor on the terms and > conditions specified in this License. > > In consideration for the mutual covenants contained herein, > You and Original Contributor agree as follows: > > AGREEMENT > > 1. Introduction. The Sun Community Source License and > effective attachments (License) may include five distinct > licenses: Research Use, TCK, Internal Deployment Use, > Commercial Use and Trademark License. The Research Use > license is effective when You execute this License. The TCK > and Internal Deployment Use licenses are effective when You > execute this License, unless otherwise specified in the TCK > and Internal Deployment Use attachments. The Commercial Use > and Trademark licenses must be signed by You and Original > Contributor in order to become effective. Once effective, > these licenses and the associated requirements and > responsibilities are cumulative. Capitalized terms used in > this License are defined in the Glossary. > > 2. License Grants. > > 2.1. Original Contributor Grant. Subject to Your > compliance with Sections 3, 8.10 and Attachment A of this > License, Original Contributor grants to You a worldwide, > royalty-free, non-exclusive license, to the extent of > Original Contributor's Intellectual Property Rights covering > the Original Code, Upgraded Code and Specifications, to do > the following: > > a) Research Use License: > > (i) use, reproduce and modify the Original Code, > Upgraded Code and Specifications to create Modifications and > Reformatted Specifications for Research Use by You, (ii) > publish and display Original Code, Upgraded Code and > Specifications with, or as part of Modifications, as > permitted under Section 3.1 b) below, (iii) reproduce and > distribute copies of Original Code and Upgraded Code to > Licensees and students for Research Use by You, (iv) > compile, reproduce and distribute Original Code and Upgraded > Code in Executable form, and Reformatted Specifications to > anyone for Research Use by You. > > b) Other than the licenses expressly granted in this > License, Original Contributor retains all right, title, and > interest in Original Code and Upgraded Code and > Specifications. > > > 2.2. Your Grants. > > a) To Other Licensees. You hereby grant to each Licensee a > license to Your Error Corrections and Shared Modifications, > of the same scope and extent as Original Contributor's > licenses under Section 2.1 a) above relative to Research > Use, Attachment C relative to Internal Deployment Use, and > Attachment D relative to Commercial Use. > > b) To Original Contributor. You hereby grant to Original > Contributor a worldwide, royalty-free, non-exclusive, > perpetual and irrevocable license, to the extent of Your > Intellectual Property Rights covering Your Error > Corrections, Shared Modifications and Reformatted > Specifications, to use, reproduce, modify, display and > distribute Your Error Corrections, Shared Modifications and > Reformatted Specifications, in any form, including the right > to sublicense such rights through multiple tiers of > distribution. > > c) Other than the licenses expressly granted in Sections 2.2 > a) and b) above, and the restriction set forth in Section > 3.1 d)(iv) below, You retain all right, title, and interest > in Your Error Corrections, Shared Modifications and > Reformatted Specifications. > > 2.3. Contributor Modifications. You may use, reproduce, > modify, display and distribute Contributor Error > Corrections, Shared Modifications and Reformatted > Specifications, obtained by You under this License, to the > same scope and extent as with Original Code, Upgraded Code > and Specifications. > > 2.4. Subcontracting. You may deliver the Source Code of > Covered Code to other Licensees having at least a Research > Use license, for the sole purpose of furnishing development > services to You in connection with Your rights granted in > this License. All such Licensees must execute appropriate > documents with respect to such work consistent with the > terms of this License, and acknowledging their > work-made-for-hire status or assigning exclusive right to > the work product and associated Intellectual Property Rights > to You. > > 3. Requirements and Responsibilities. > > 3.1. Research Use License. As a condition of exercising > the rights granted under Section 2.1 a) above, You agree to > comply with the following: > > a) Your Contribution to the Community. All Error > Corrections and Shared Modifications which You create or > contribute to are automatically subject to the licenses > granted under Section 2.2 above. You are encouraged to > license all of Your other Modifications under Section 2.2 as > Shared Modifications, but are not required to do so. You > agree to notify Original Contributor of any errors in the > Specification. > > b) Source Code Availability. You agree to provide all Your > Error Corrections to Original Contributor as soon as > reasonably practicable and, in any event, prior to Internal > Deployment Use or Commercial Use, if applicable. Original > Contributor may, at its discretion, post Source Code for > Your Error Corrections and Shared Modifications on the > Community Webserver. You may also post Error Corrections > and Shared Modifications on a web-server of Your choice; > provided, that You must take reasonable precautions to > ensure that only Licensees have access to such Error > Corrections and Shared Modifications. Such precautions > shall include, without limitation, a password protection > scheme limited to Licensees and a click-on, download > certification of Licensee status required of those > attempting to download from the server. An example of an > acceptable certification is attached as Attachment A-2. > > c) Notices. All Error Corrections and Shared Modifications > You create or contribute to must include a file documenting > the additions and changes You made and the date of such > additions and changes. You must also include the notice set > forth in Attachment A-1 in the file header. If it is not > possible to put the notice in a particular Source Code file > due to its structure, then You must include the notice in a > location (such as a relevant directory file), where a > recipient would be most likely to look for such a notice. > > d) Redistribution. > > (i) Source. Covered Code may be distributed in > Source Code form only to another Licensee (except for > students as provided below). You may not offer or impose > any terms on any Covered Code that alter the rights, > requirements, or responsibilities of such Licensee. You may > distribute Covered Code to students for use in connection > with their course work and research projects undertaken at > accredited educational institutions. Such students need not > be Licensees, but must be given a copy of the notice set > forth in Attachment A-3 and such notice must also be > included in a file header or prominent location in the > Source Code made available to such students. > > (ii) Executable. You may distribute Executable > version(s) of Covered Code to Licensees and other third > parties only for the purpose of evaluation and comment in > connection with Research Use by You and under a license of > Your choice, but which limits use of such Executable > version(s) of Covered Code only to that purpose. (iii) > Modified Class, Interface and Package Naming. In connection > with Research Use by You only, You may use Original > Contributor's class, interface and package names only to > accurately reference or invoke the Source Code files You > modify. Original Contributor grants to You a limited > license to the extent necessary for such purposes. > > (iv) You expressly agree that any distribution, in > whole or in part, of Modifications developed by You shall > only be done pursuant to the term and conditions of this > License. > > e) Extensions. > > (i) Covered Code. You may not include any Source > Code of Community Code in any Extensions; > > (ii) Publication. No later than the date on which > You first distribute such Extension for Commercial Use, You > must publish to the industry, on a non-confidential basis > and free of all copyright restrictions with respect to > reproduction and use, an accurate and current specification > for any Extension. In addition, You must make available an > appropriate test suite, pursuant to the same rights as the > specification, sufficiently detailed to allow any third > party reasonably skilled in the technology to produce > implementations of the Extension compatible with the > specification. Such test suites must be made available as > soon as reasonably practicable but, in no event, later than > ninety (90) days after Your first Commercial Use of the > Extension. You must use reasonable efforts to promptly > clarify and correct the specification and the test suite > upon written request by Original Contributor. > > (iii) Open. You agree to refrain from enforcing any > Intellectual Property Rights You may have covering any > interface(s) of Your Extension, which would prevent the > implementation of such interface(s) by Original Contributor > or any Licensee. This obligation does not prevent You from > enforcing any Intellectual Property Right You have that > would otherwise be infringed by an implementation of Your > Extension. > > (iv) Class, Interface and Package Naming. You may > not add any packages, or any public or protected classes or > interfaces with names that originate or might appear to > originate from Original Contributor including, without > limitation, package or class names which begin with sun, > java, javax, jini, net.jini, com.sun or their equivalents in > any subsequent class, interface and/ or package naming > convention adopted by Original Contributor. It is > specifically suggested that You name any new packages using > the Unique Package Naming Convention as described in The > Java Language Specification by James Gosling, Bill Joy, and > Guy Steele, ISBN 0-201-63451-1, August 1996. Section 7.7 > Unique Package Names, on page 125 of this specification > which states, in part: > > You form a unique package name by first having (or belonging > to an organization that has) an Internet domain name, such > as sun.com. You then reverse the name, component by > component, to obtain, in this example, Com.sun, and use this > as a prefix for Your package > > names, using a convention developed within Your organization > to further administer package names. > > 3.2. Additional Requirements and Responsibilities. Any > additional requirements and responsibilities relating to the > Technology are listed in Attachment F (Additional > Requirements and Responsibilities), if applicable, and are > hereby incorporated into this Section 3. > > 4. Versions of the License. > > 4.1. License Versions. Original Contributor may publish > revised versions of the License from time to time. Each > version will be given a distinguishing version number. > > 4.2. Effect. Once a particular version of Covered Code has > been provided under a version of the License, You may always > continue to use such Covered Code under the terms of that > version of the License. You may also choose to use such > Covered Code under the terms of any subsequent version of > the License. No one other than Original Contributor has the > right to promulgate License versions. > > 5. Disclaimer of Warranty. > > 5.1. COVERED CODE IS PROVIDED UNDER THIS LICENSE AS IS, > WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, > INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED > CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR > PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE > RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED > CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY > CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF > ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO > THIS DISCLAIMER. > > 5.2. You acknowledge that Original Code, Upgraded Code and > Specifications are not designed or intended for use in (i) > on-line control of aircraft, air traffic, aircraft > navigation or aircraft communications; or (ii) in the > design, construction, operation or maintenance of any > nuclear facility. Original Contributor disclaims any > express or implied warranty of fitness for such uses. > > 6. Termination. > > 6.1. By You. You may terminate this Research Use license > at anytime by providing written notice to Original > Contributor. > > 6.2. By Original Contributor. This License and the rights > granted hereunder will terminate: > > (i) automatically if You fail to comply with the > terms of this License and fail to cure such breach within 30 > days of receipt of written notice of the breach; (ii) > immediately in the event of circumstances specified in > Sections 7.1 and 8.4; or (iii) at Original Contributor's > discretion upon any action initiated in the first instance > by You alleging that use or distribution by Original > Contributor or any Licensee, of Original Code, Upgraded > Code, Error Corrections or Shared Modifications contributed > by You, or Specifications, infringe a patent owned or > controlled by You. > > 6.3. Effect of Termination. Upon termination, You agree to > discontinue use and return or destroy all copies of Covered > Code in your possession. All sublicenses to the Covered > Code which you have properly granted shall survive any > termination of this License. Provisions which, by their > nature, should remain in effect beyond the termination of > this License shall survive including, without limitation, > Sections 2.2, 3, 5, 7 and 8. > > 6.4. Each party waives and releases the other from any > claim to compensation or indemnity for permitted or lawful > termination of the business relationship established by this > License. > > 7. Liability. > > 7.1. Infringement. Should any of the Original Code, > Upgraded Code, TCK or Specifications (Materials) become the > subject of a claim of infringement, Original Contributor > may, at its sole option, (i) attempt to procure the rights > necessary for You to continue using the Materials, (ii) > modify the Materials so that they are no longer infringing, > or (iii) terminate Your right to use the Materials, > immediately upon written notice, and refund to You the > amount, if any, having then actually been paid by You to > Original Contributor for the Original Code, Upgraded Code > and TCK, depreciated on a straight line, five year basis. > > 7.2. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED > BY APPLICABLE LAW, ORIGINAL CONTRIBUTOR's LIABILITY TO YOU > FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR > IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF > THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL > CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE > PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO > EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR > ERROR CORRECTIONS) OR SUN 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 OTHER > ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF > LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT > LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, > WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED > OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE > FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. > > 8. Miscellaneous. > > 8.1. Trademark. You agree to comply with the then current > Sun Trademark & Logo Usage Requirements accessible through > the SCSL Webpage. Except as expressly provided in the > License, You are granted no right, title or license to, or > interest in, any Sun Trademarks. You agree not to (i) > challenge Original Contributor's ownership or use of Sun > Trademarks; (ii) attempt to register any Sun Trademarks, or > any mark or logo substantially similar thereto; or (iii) > incorporate any Sun Trademarks into your own trademarks, > product names, service marks, company names, or domain > names. > > 8.2. Integration. This License represents the complete > agreement concerning the subject matter hereof. > > 8.3. Assignment. Original Contributor may assign this > License, and its rights and obligations hereunder, in its > sole discretion. You may assign the Research Use portions > of this License to a third party upon prior written notice > to Original Contributor (which may be provided via the > Community Web-Server). You may not assign the Commercial > Use license or TCK license, including by way of merger > (regardless of whether You are the surviving entity) or > acquisition, without Original Contributor's prior written > consent. > > 8.4. Severability. If any provision of this License is > held to be unenforceable, such provision shall be reformed > only to the extent necessary to make it enforceable. > Notwithstanding the foregoing, if You are prohibited by law > from fully and specifically complying with Sections 2.2 or > 3, this License will immediately terminate and You must > immediately discontinue any use of Covered Code. > > 8.5. Governing Law. This License shall be governed by the > laws of the United States and the State of California, as > applied to contracts entered into and to be performed in > California between California residents. The application of > the United Nations Convention on Contracts for the > International Sale of Goods is expressly excluded. > > > 8.6. Dispute Resolution. > > a) Any dispute arising out of or relating to this License > shall be finally settled by arbitration as set out herein, > except that either party may bring any action, in a court of > competent jurisdiction (which jurisdiction shall be > exclusive), with respect to any dispute relating to such > party's Intellectual Property Rights or with respect to Your > compliance with the TCK license. Arbitration shall 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 as modified > herein; and (iii) the arbitrator will apply the substantive > laws of California and United States. Judgment upon the > award rendered by the arbitrator may be entered in any court > having jurisdiction to enforce such award. > > b) All arbitration proceedings shall be conducted in English > by a single arbitrator selected in accordance with the > Rules, who must be fluent in English and be either a retired > judge or practicing attorney having at least ten (10) years > litigation experience and be reasonably familiar with the > technology matters relative to the dispute. Unless > otherwise agreed, arbitration venue shall be in London, > Tokyo, or San Francisco, whichever is closest to defendant's > principal business office. The arbitrator may award > monetary damages only and nothing shall preclude either > party from seeking provisional or emergency relief from a > court of competent jurisdiction. The arbitrator shall have > no authority to award damages in excess of those permitted > in this License and any such award in excess is void. All > awards will be payable in U.S. dollars and may include, for > the prevailing party (i) pre-judgment award interest, (ii) > reasonable attorneys' fees incurred in connection with the > arbitration, and (iii) reasonable costs and expenses > incurred in enforcing the award. The arbitrator will order > each party to produce identified documents and respond to no > more than twenty-five single question interrogatories. > > 8.7. Construction. Any law or regulation which provides > that the language of a contract shall be construed against > the drafter shall not apply to this License. > > 8.8. U.S. Government End Users. The Covered Code is a > commercial item, as that term is defined in 48 C.F.R. 2.101 > (Oct. 1995), consisting of commercial computer software and > commercial computer software documentation, as such terms > are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent > with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through > 227.7202-4 (June 1995), all U.S. Government End Users > acquire Covered Code with only those rights set forth > herein. You agree to pass this notice to Your licensees. > > 8.9. Press Announcements. All press announcements relative > to the execution of this License must be reviewed and > approved by Original Contributor and You prior to release. > > 8.10. International Use. > > a) Export/Import Laws. Covered Code is subject to U.S. > export control laws and may be subject to export or import > regulations in other countries. Each party agrees to comply > strictly with all such laws and regulations and acknowledges > their responsibility to obtain such licenses to export, > re-export, or import as may be required. You agree to pass > these obligations to Your licensees. > > b) Intellectual Property Protection. Due to limited > intellectual property protection and enforcement in certain > countries, You agree not to redistribute the Original Code, > Upgraded Code, TCK and Specifications to any country other > than the list of restricted countries on the SCSL Webpage. > > 8.11. Language. This License is in the English language > only, which language shall be controlling in all respects, > and all versions of this License in any other language shall > be for accommodation only and shall not be binding on the > parties to this License. All communications and notices > made or given pursuant to this License, and all > documentation and support to be provided, unless otherwise > noted, shall be in the English language. > > > AGREED TO AND ACCEPTED BY: > > You: Original Contributor: > > _____________________________ Sun Microsystems, Inc. > > > By: __________________________ By: > ____________________________ (Your Name) > > Printed Name:__________________ Printed Name: > ___________________ > > Title: _________________________ Title: > __________________________ > > Date: _________________________ Date: > __________________________ > > > > GLOSSARY > > 1. Commercial Use means any use (excluding Internal > Deployment Use) or distribution, directly or indirectly of > Compliant Covered Code by You to any third party, alone or > bundled with any other software or hardware, for direct or > indirect commercial or strategic gain or advantage, subject > to execution of Attachment D by You and Original > Contributor. > > 2. Community Code means the Original Code, Upgraded Code, > Error Corrections, Shared Modifications, or any combination > thereof. > > 3. Community Webserver(s) means the webservers designated > by Original Contributor for posting Error Corrections and > Shared Modifications. > > 4. Compliant Covered Code means Covered Code that complies > with the requirements of the TCK. > > 5. Contributor means each Licensee that creates or > contributes to the creation of any Error Correction or > Shared Modification. > > 6. Covered Code means the Original Code, Upgraded Code, > Modifications, or any combination thereof. > > 7. Error Correction means any change made to Community Code > which conforms to the Specification and corrects the adverse > effect of a failure of Community Code to perform any > function set forth in or required by the Specifications. > > 8. Executable means Covered Code that has been converted to > a form other than Source Code. > > 9. Extension(s) means any additional classes or other > programming code and/or interfaces developed by or for You > which: (i) are designed for use with the Technology; (ii) > constitute an API for a library of computing functions or > services; and (iii) are disclosed to third party software > developers for the purpose of developing software which > invokes such additional classes or other programming code > and/or interfaces. The foregoing shall not apply to > software development by Your subcontractors to be > exclusively used by You. > > 10. Intellectual Property Rights means worldwide statutory > and common law rights associated solely with (i) patents and > patent applications; (ii) works of authorship including > copyrights, copyright applications, copyright registrations > and moral rights; (iii) the protection of trade and > industrial secrets and confidential information; and (iv) > divisions, continuations, renewals, and re-issuances of the > foregoing now existing or acquired in the future. > > 11. Internal Deployment Use means use of Compliant Covered > Code (excluding Research Use) within Your business or > organization only by Your employees and/or agents, subject > to execution of Attachment C by You and Original > Contributor, if required. > > 12. Licensee means any party that has entered into and has > in effect a version of this License with Original > Contributor. > > 13. Modification(s) means (i) any change to Covered Code; > (ii) any new file or other representation of computer > program statements that contains any portion of Covered > Code; and/or (iii) any new Source Code implementing any > portion of the Specifications. > > 14. Original Code means the initial Source Code for the > Technology as described on the Technology Download Site. > > 15. Original Contributor means Sun Microsystems, Inc., its > affiliates and its successors and assigns. > > 16. Reformatted Specifications means any revision to the > Specifications which translates or reformats the > Specifications (as for example in connection with Your > documentation) but which does not alter, subset or superset > the functional or operational aspects of the Specifications. > > 17. Research Use means use and distribution of Covered Code > only for Your research, development, educational or personal > and individual use, and expressly excludes Internal > Deployment Use and Commercial Use. > > 18. SCSL Webpage means the Sun Community Source license > webpage located at http://sun.com/software/communitysource, > or such other url that Sun may designate from time to time. > > 19. Shared Modifications means Modifications provided by > You, at Your option, pursuant to Section 2.2, or received by > You from a Contributor pursuant to Section 2.3. > > 20. Source Code means computer program statements written > in any high-level, readable form suitable for modification > and development. > > 21. Specifications means the specifications for the > Technology and other documentation, as designated on the > Technology Download Site, as may be revised by Original > Contributor from time to time. > > 22. Sun Trademarks means Original Contributor's SUN, JAVA, > and JINI trademarks and logos, whether now used or adopted > in the future. > > 23. Technology means the technology described in Attachment > B, and Upgrades. > > 24. Technology Compatibility Kit or TCK means the test > programs, procedures and/or other requirements, designated > by Original Contributor for use in verifying compliance of > Covered Code with the Specifications, in conjunction with > the Original Code and Upgraded Code. Original Contributor > may, in its sole discretion and from time to time, revise a > TCK to correct errors and/or omissions and in connection > with Upgrades. > > 25. Technology Download Site means the site(s) designated > by Original Contributor for access to the Original Code, > Upgraded Code, TCK and Specifications. > > 26. Upgrade(s) means new versions of Technology designated > exclusively by Original Contributor as an Upgrade and > released by Original Contributor from time to time. > > 27. Upgraded Code means the Source Code for Upgrades, > possibly including Modifications made by Contributors. > > 28. You(r) means an individual, or a legal entity acting by > and through an individual or individuals, exercising rights > either under this License or under a future version of this > License issued pursuant to Section 4.1. For legal entities, > You(r) includes any entity that by majority voting interest > controls, is controlled by, or is under common control with > You. > > > ATTACHMENT A REQUIRED NOTICES > > > > ATTACHMENT A-1 REQUIRED IN ALL CASES > > The contents of this file, or the files included with this > file, are subject to the current version of Sun Community > Source License for [fill in name of applicable Technology] > (the License); You may not use this file except in > compliance with the License. You may obtain a copy of the > License at http:// sun.com/software/communitysource. See > the License for the rights, obligations and limitations > governing use of the contents of the file. > > > The Original and Upgraded Code is [fill in name and version > of applicable Technology]. The developer of the Original > and Upgraded Code is Sun Microsystems, Inc. Sun > Microsystems, Inc. owns the copyrights in the portions it > created. All Rights Reserved. > > > Contributor(s): > _____________[sample]___________________________ > > Associated Test Suite(s) Location: > _______[sample]__________________ > > > > ATTACHMENT A-2 SAMPLE LICENSEE CERTIFICATION > > By clicking the `Agree' button below, You certify that You > are a Licensee in good standing under the Sun Community > Source License, [ fill in applicable Technology and Version > ] (License) and that Your access, use and distribution of > code and information You may obtain at this site is subject > to the License. > > > ATTACHMENT A-3 REQUIRED STUDENT NOTIFICATION > > This software and related documentation has been obtained by > your educational institution subject to the Sun Community > Source License, [fill in applicable Technology]. You have > been provided access to the software and related > documentation for use only in connection with your course > work and research activities as a matriculated student of > your educational institution. Any other use is expressly > prohibited. > > THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY > MATERIAL OF SUN MICROSYSTEMS, INC, WHICH ARE PROTECTED BY > VARIOUS INTELLECTUAL PROPERTY RIGHTS. > > You may not use this file except in compliance with the > License. You may obtain a copy of the License on the web at > http://sun.com/software/ communitysource. > > > > ATTACHMENT B > > Java Data Objects version 1.0 (JDO 1.0) > > Description of Technology: > > Java Data Objects version 1.0 (JDO 1.0) Source Technology as > described on the Technology Download Site. > > > > ATTACHMENT C INTERNAL DEPLOYMENT USE > > This Attachment C is only effective for the Technology > specified in Attachment B, upon execution of Attachment D > (Commercial Use License) including the requirement to pay > royalties. In the event of a conflict between the terms of > this Attachment C and Attachment D, the terms of Attachment > D shall govern. > > 1. Internal Deployment License Grant. Subject to Your > compliance with Section 2 below, and Section 8.10 of the > Research Use license; in addition to the Research Use > license and the TCK license, Original Contributor grants to > You a worldwide, non-exclusive license, to the extent of > Original Contributor's Intellectual Property Rights covering > the Original Code, Upgraded Code and Specifications, to do > the following: > > a) reproduce and distribute internally, Original Code and > Upgraded Code as part of Compliant Covered Code, and > Specifications, for Internal Deployment Use, > > b) compile such Original Code and Upgraded Code, as part of > Compliant Covered Code, and reproduce and distribute > internally the same in Executable form for Internal > Deployment Use, and > > c) reproduce and distribute internally, Reformatted > Specifications for use in connection with Internal > Deployment Use. > > 2. Additional Requirements and Responsibilities. In > addition to the requirements and responsibilities described > under Section 3.1 of the Research Use license, and as a > condition to exercising the rights granted under Section 3 > above, You agree to the following additional requirements > and responsibilities: > > 2.1. Compatibility. All Covered Code must be Compliant > Covered Code prior to any Internal Deployment Use or > Commercial Use, whether originating with You or acquired > from a third party. Successful compatibility testing must > be completed in accordance with the TCK License. If You > make any further Modifications to any Covered Code > previously determined to be Compliant Covered Code, you must > ensure that it continues to be Compliant Covered Code. > > > ATTACHMENT D COMMERCIAL USE LICENSE > > 1. Effect. This Attachment D is to the Sun Community > Source License version 2.12 for Java Data Objects version > 1.0 (SCSL). You have agreed to the terms of the SCSL by > selecting the Accept button at the end of the SCSL or > executing a hardcopy SCSL with Original Contributor. You > acknowledge that the SCSL is binding on You. This > Attachment D is effective only if signed below by You and > Original Contributor, and applies to Your Commercial Use of > Original Code and Upgraded Code. All capitalized terms used > herein shall have the same meaning set forth in the SCSL, > unless otherwise stated. > > 2. Term. Upon execution of this Attachment D by You and > Original Contributor, this Commercial Use license shall have > an initial term of three (3) years and shall automatically > renew for additional one year terms unless either party > provides notice to the other no less than sixty (60) days > prior to an anniversary date. > > 3. Commercial Use License Grant. Subject to Your > compliance with Section 4 below, Section 8.10 of the > Research Use license, and the TCK license; in addition to > the Research Use license, the TCK license, and the Internal > Deployment Use license, Original Contributor grants to You a > worldwide, non-exclusive, non-transferable license, to the > extent of Original Contributors Intellectual Property Rights > covering the Original Code, Upgraded Code and > Specifications, to do the following within the specified > field of use: > > a) reproduce and distribute Compliant Covered Code; > > b) compile Compliant Covered Code and reproduce and > distribute the same in Executable form through multiple > tiers of distribution; and > > c) reproduce and distribute Reformatted Specifications in > association with Compliant Covered Code. > > 4. Additional Requirements and Responsibilities. In > addition to the requirements and responsibilities specified > in the Research Use license, the TCK license (Attachment E) > and the Internal Deployment license (Attachment C), and as a > condition to exercising the rights granted in Section 3 > above, You agree to the following additional requirements > and responsibilities: > > a) Distribution of Source Code. Source Code of Compliant > Covered Code may be distributed only to another Licensee of > the same Technology. > > b) Distribution of Executable Code. You may distribute the > Executable version(s) of Compliant Covered Code under a > license of Your choice, which may contain terms different > from this License, provided (i) that You are in compliance > with the terms of this License, and (ii) You must make it > absolutely clear that any terms which differ from this > License are offered by You alone, not by Original > Contributor or any other Contributor. > > 5. Indemnity/Limitation of Liability. The provisions of > Section 7.1 of the Research Use license are superseded by > the following: > > a) Your Indemnity Obligation. You hereby agree to defend, > at Your expense, any legal proceeding brought against > Original Contributor or any Licensee to the extent it is > based on a claim: (i) that the use, reproduction or > distribution of any of Your Error Corrections or Shared > Modifications is an infringement of a third party trade > secret or a copyright in a country that is a signatory to > the Berne Convention; (ii) arising in connection with any > representation, warranty, support, indemnity, liability or > other license terms You may offer in connection with any > Covered Code; or (iii) arising from Your Commercial Use of > Covered Code, other than a claim covered by Section 5.b) > below, or a patent claim based solely on Covered Code not > provided by You. You will pay all damages, costs and fees > awarded by a court of competent jurisdiction, or such > settlement amount negotiated by You, attributable to such > claim. > > b) Original Contributors Indemnity Obligation. Original > Contributor will defend, at its expense, any legal > proceeding brought against You, to the extent it is based on > a claim that Your authorized Commercial Use of Original Code > and Upgraded Code is an infringement of a third party trade > secret or a 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 Contributor, > 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. > > c) Right of Intervention. Original Contributor will have > the right, but not the obligation, to defend You, at > Original Contributors expense, in connection with a claim > that Your Commercial Use of Original Code and Upgraded Code > is an infringement of a third party patent and will, if > Original Contributor chooses to defend You, 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. > > d) Prerequisites. Under Sections 5.b) and c) above, You > must, and under Section 5.a) above, Original Contributor or > any Licensee must: (i) provide notice of the claim promptly > to the party providing an indemnity; (ii) give the > indemnifying party sole control of the defense and > settlement of the claim; (iii) provide the indemnifying > party, at indemnifying partys expense, all available > information, assistance and authority to defend; and (iv) > not have compromised or settled such claim or proceeding > without the indemnifying partys prior written consent. > > e) Additional Remedies. Should any Original Code, Upgraded > Code, TCK, Specifications, or Modifications become, or in > the indemnifying partys opinion be likely to become, the > subject of a claim of infringement for which indemnity is > provided above, the indemnifying party may, at its sole > option, attempt to procure on reasonable terms the rights > necessary for the indemnified party to exercise its license > rights under this License with respect to the infringing > items, or to modify the infringing items so that they are no > longer infringing without substantially impairing their > function or performance. If the indemnifying party is > unable to do the foregoing after reasonable efforts, then > the indemnifying party may send a notice of such inability > to the indemnified party together with a refund of any > license fees received by the indemnifying party from the > indemnified party for the infringing items applicable to the > indemnified partys future use or distribution of such > infringing items, in which case the indemnifying party will > not be liable for any damages resulting from infringing > activity with respect to the infringing items occurring > after such notice and refund. > > 6. Support Programs. > > Support to You. Technical support is not provided to You by > Original Contributor under this License. You may contract > for one or more support programs from Original Contributor > relating to the Technology which are described on the SCSL > Webpage. > > Customer Support. You are responsible for providing > technical and maintenance support services to Your customers > for Your products and services. > > 7. Royalties and Payments. > > Technology specified in Attachment B. > > Field of Use: _______________________________ > > Royalty per Unit or Per Concurrent User (based on product > family): $0.00 > > 8. Notice of Breach or Infringement. Each party shall > notify the other immediately in writing when it becomes > aware of any breach or violation of the terms of this > License, or when You become aware of any potential or actual > infringement by a third party of the Technology or Original > Contributors Intellectual Property Rights therein. > > 9. Proprietary Rights Notices. You may not remove any > copyright notices, trademark notices or other proprietary > legends of Original Contributor or its suppliers contained > on or in the Original Code, Upgraded Code and > Specifications. > > 10. Notices. All written notices required by this License > must be delivered in person or by means evidenced by a > delivery receipt and will be effective upon receipt by the > persons at the addresses specified below. > > > Original Contributor: You: > > Sun Microsystems, Inc. ___________________________ 901 San > Antonio Road ___________________________ Palo Alto, > California 94303 ___________________________ Attn.: VP, Sun > Software ___________________________ and Technology Sales > cc: Sun Software and Attn.: ______________________ > Technology, General Counsel > > 11. Disclaimer of Agency. The relationship created hereby > is that of licensor and licensee and the parties hereby > acknowledge and agree that nothing herein shall be deemed to > constitute You as a franchisee of Original Contributor. You > hereby waive the benefit of any state or federal statutes > dealing with the establishment and regulation of franchises. > > 12. Confidentiality. You shall keep and maintain in > confidence the terms and conditions of this Attachment D. > > Agreed: > > You: Original Contributor: > > _______________ Sun Microsystems, Inc. > > > By: ___________________________ By: > __________________________ > > Title: __________________________ Title: > _________________________ > > Date: __________________________ Date: > _________________________ > > ATTACHMENT E TECHNOLOGY COMPATIBILITY KIT > > The following license is effective for the Java Data Objects > version 1.0 (JDO 1.0) Technology Compatibility Kit only upon > execution of a separate support agreement between You and > Original Contributor (subject to an annual fee) as described > on the SCSL Webpage. The Technology Compatibility Kit for > the Technology specified in Attachment B may be accessed at > the Technology Download Site only upon execution of the > support agreement. > > 1. TCK License. > > a) Subject to the restrictions set forth in Section 1.b > below and Section 8.10 of the Research Use license, in > addition to the Research Use license, Original Contributor > grants to You a worldwide, non-exclusive, non-transferable > license, to the extent of Original Contributor's > Intellectual Property Rights in the TCK (without the right > to sublicense), to use the TCK to develop and test Covered > Code. > > b) TCK Use Restrictions. You are not authorized to create > derivative works of the TCK or use the TCK to test any > implementation of the Specification that is not Covered > Code. You may not publish your test results or make claims > of comparative compatibility with respect to other > implementations of the Specification. In consideration for > the license grant in Section 1.a above you agree not to > develop your own tests which are intended to validate > conformation with the Specification. > > 2. Requirements for Determining Compliance. > > 2.1. Definitions. > > a) Added Value means code which: > > (i) has a principal purpose which is substantially > different from that of the stand-alone Technology; > > (ii) represents a significant functional and value > enhancement to the Technology; > > (iii) operates in conjunction with the Technology; and > > (iv) is not marketed as a technology which replaces > or substitutes for the Technology. > > b) Java Classes means the specific class libraries > associated with each Technology defined in Attachment B. > > c) Platform Dependent Part means those Original Code and > Upgraded Code files of the Technology which are not in a > share directory or subdirectory thereof. > > d) Shared Part means those Original Code and Upgraded Code > files of the Technology which are identified as shared (or > words of similar meaning) or which are in any share > directory or subdirectory thereof, except those files > specifically designated by Original Contributor as > modifiable. > > e) User's Guide means the users guide for the TCK which Sun > makes available to You to provide direction in how to run > the TCK and properly interpret the results, as may be > revised by Sun from time to time. > > 2.2. Development Restrictions. Compliant Covered Code: > > a) must include Added Value; > > b) must fully comply with the Specifications for the > Technology specified in Attachment B; > > c) must include the Shared Part, complete and unmodified; > > d) may not modify the functional behavior of the Java > Classes; > > e) may not modify, subset or superset the interfaces > of the Java Classes; > > f) may not subset or superset the Java Classes; and > > g) may not modify or extend the required public > class or public interface declarations whose names begin > with java, javax, jini, net.jini, sun.hotjava, COM.sun or > their equivalents in any subsequent naming convention. > > 2.3. Compatibility Testing. Successful compatibility > testing must be completed by You, or at Original > Contributor's option, a third party designated by Original > Contributor to conduct such tests, in accordance with the > User's Guide, and using the TCK for the Technology. You > must use the most current version of the applicable TCK > available from Original Contributor one hundred twenty (120) > days (two hundred forty [240] days in the case of silicon > implementations) prior to: (i) Your Internal Deployment > Use; and (ii) each release of Compliant Covered Code by You > for Commercial Use. In the event that You elect to use a > version of Upgraded Code that is newer than that which is > required under this Section 2.3, then You agree to pass the > version of the TCK that corresponds to such newer version of > Upgraded Code. > > 2.4. Test Results. You agree to provide to Original > Contributor or the third party test facility if applicable, > Your test results that demonstrate that Covered Code is > Compliant Covered Code and that Original Contributor may > publish or otherwise distribute such test results. > " > > Did you carefully read section ATTACHMENT D COMMERCIAL USE LICENSE? > If I understand correct you can ask SUN to grant you a right to use the > JDORI in commercially deployed applications! > > JDO spec lead just held a presentation at the JAVAONE conference on > Using STruts and OJB for professional Web applications > "Applying Open Source Web Technologies Together: Struts and OJB": > http://servlet.java.sun.com/javaone/sf2003/conf/sessions/display-3368.en-819 67.jsp > > So I thinks it's well worth and ask SUN wether you are allowed to use > JDORI + OJB in commercial scenarios. Maybe it's a good idea to approach > Craig Russel directly. He is the JDO spec lead and is interested to see > a growing user base for JDO to gain momentum for this great technology! > > > > > This means that using the OJB plugin, and OJB is fine and great, but > > using the JDORI is not a real option for a production app. > > I'm not sure if this is really true (see above)... > > > > > OJB 2.0 is slated to include a full JDO implementation, but this isn't > > going to happen real soon (OJB is at 1.0rc3 presently, with 1.0 due > > real-soon-now). > > correct! > > > > > If you are locked into using JDO, then one of the other implementations > > you mention will be a better option (imho). > > If it's OK to use JDORI + OJB I thinks it will be the best possible > Opensource solution currently available. > JDORI is a complete JDO1.0 implementation and OJB is a mature O/R > mapping tool. > > > If you are not locked into > > JDO specifically, OJB is a rockin' object-relational mapping tool using > > either the PersistanceBroker API (my personal preference) or the ODMG API. > > I agree ! > > cheers, > Thomas > > > -Brian > > > > On Saturday, January 20, 2001, at 09:57 PM, > > <[EMAIL PROTECTED]> wrote: > > > >> > >> Dear Thomas, > >> > >> Thanks Thomas for the reply regarding the JDO, after being a member of a > >> list for a whole weekend I can see that there is alot of activity in this > >> area and is hence maturing. > >> > >> However I am still a little unsure about what the bit you wrote about > >> licensing and commerical usage. > >> > >> " .......... But there is an issue that you should be aware of. The > >> OJB JDO > >> implementation is not a standalone solution, but requires the SUN JDO > >> Reference Implementation as the toplevel implementation. > >> Unfortunately the license for the JDO RI does not allow to use it in > >> commercial applications (If I got the licence right, IANAL ;-)) > >> > >> I know there are other OSS JDO projects, like TJDO and XORM. > >> But I don't know much about them...." > >> > >> Does this mean(you recommend) we shouldnt use the Apache code then ? > >> and we > >> should use perhaps other projects which do not use the SUN JDO for our > >> COMMERCIAL project > >> > >> Looking forward to your reply- > >> > >> Ben > >> > >> > >> > >> > >> > >> > >> --------------------------------------------------------------------- > >> To unsubscribe, e-mail: [EMAIL PROTECTED] > >> For additional commands, e-mail: [EMAIL PROTECTED] > >> > > > > > > --------------------------------------------------------------------- > > To unsubscribe, e-mail: [EMAIL PROTECTED] > > For additional commands, e-mail: [EMAIL PROTECTED] > > > > > > > --------------------------------------------------------------------- > To unsubscribe, e-mail: [EMAIL PROTECTED] > For additional commands, e-mail: [EMAIL PROTECTED] > > --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
