Hi again, > 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"...
There are so many vendors paying license fees to SUN, they are definitely not in a position to recommend one over the other ;-) > > I have written to ask about the legal issues regarding the > use of JDORI. > > I will inform the list when he replys.... That would be great! > > If I understand correctly, we could use OJB... but this would > be without the > JDORI.... Yes OJB comes with a kernel API, called PersistenceBroker, and an ODMG compliant implementation. > 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 ? The fully compliant JDO implementation is scheduled for release 2.0. In the 1.0 release we only have the JDORI plugin. cheers, Thomas > > 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/displ > ay-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] > > --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
