Specification: JSR-000239 Java(TM) Binding for the OpenGL(R) ES API ("Specification")
Version: 1.0.1
Status: Maintenance Release
Release: 15 May 2007
Copyright 2007 SUN MICROSYSTEMS, INC.
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.
LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. Sun hereby grants you a
fully-paid, non-exclusive, non-transferable, worldwide, limited license
(without the right to sublicense), under Sun's applicable intellectual
property rights to view, download, use and reproduce the Specification
only for the purpose of internal evaluation. This includes (i)
developing applications intended to run on an implementation of the
Specification, provided that such applications do not themselves
implement any portion(s) of the Specification, and (ii) discussing the
Specification with any third party; and (iii) excerpting brief portions
of the Specification in oral or written communications which discuss the
Specification provided that such excerpts do not in the aggregate
constitute a significant portion of the Specification.
2. License for the Distribution of Compliant Implementations. Sun also
grants you a perpetual, non-exclusive, non-transferable, worldwide,
fully paid-up, royalty free, limited license (without the right to
sublicense) under any applicable copyrights or, subject to the
provisions of subsection 4 below, patent rights it may have covering the
Specification to create and/or distribute an Independent Implementation
of the Specification that: (a) fully implements the Specification
including all its required interfaces and functionality; (b) does not
modify, subset, superset or otherwise extend the Licensor Name Space, or
include any public or protected packages, classes, Java interfaces,
fields or methods within the Licensor Name Space other than those
required/authorized by the Specification or Specifications being
implemented; and (c) passes the Technology Compatibility Kit (including
satisfying the requirements of the applicable TCK Users Guide) for such
Specification ("Compliant Implementation"). In addition, the foregoing
license is expressly conditioned on your not acting outside its scope.
No license is granted hereunder for any other purpose (including, for
example, modifying the Specification, other than to the extent of your
fair use rights, or distributing the Specification to third parties).
Also, no right, title, or interest in or to any trademarks, service
marks, or trade names of Sun or Sun's licensors is granted hereunder.
Java, and Java-related logos, marks and names are trademarks or
registered trademarks of Sun Microsystems, Inc. in the U.S. and other
countries.
3. Pass-through Conditions. You need not include limitations (a)-(c)
from the previous paragraph or any other particular "pass through"
requirements in any license You grant concerning the use of your
Independent Implementation or products derived from it. However, except
with respect to Independent Implementations (and products derived from
them) that satisfy limitations (a)-(c) from the previous paragraph, You
may neither: (a) grant or otherwise pass through to your licensees any
licenses under Sun's applicable intellectual property rights; nor (b)
authorize your licensees to make any claims concerning their
implementation's compliance with the Specification in question.
4. Reciprocity Concerning Patent Licenses.
a. With respect to any patent claims covered by the license
granted under subparagraph 2 above that would be infringed by all
technically feasible implementations of the Specification, such
license is conditioned upon your offering on fair, reasonable and
non-discriminatory terms, to any party seeking it from You, a
perpetual, non-exclusive, non-transferable, worldwide license under
Your patent rights which are or would be infringed by all technically
feasible implementations of the Specification to develop, distribute
and use a Compliant Implementation.
b With respect to any patent claims owned by Sun and covered
by the license granted under subparagraph 2, whether or not their
infringement can be avoided in a technically feasible manner when
implementing the Specification, such license shall terminate with
respect to such claims if You initiate a claim against Sun that it
has, in the course of performing its responsibilities as the
Specification Lead, induced any other entity to infringe Your patent
rights.
c Also with respect to any patent claims owned by Sun and
covered by the license granted under subparagraph 2 above, where the
infringement of such claims can be avoided in a technically feasible
manner when implementing the Specification such license, with respect
to such claims, shall terminate if You initiate a claim against Sun
that its making, having made, using, offering to sell, selling or
importing a Compliant Implementation infringes Your patent rights.
5. Definitions. For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the Specification that
neither derives from any of Sun's source code or binary code
materials nor, except with an appropriate and separate license from
Sun, includes any of Sun's source code or binary code materials;
"Licensor Name Space" shall mean the public class or interface
declarations whose names begin with "java", "javax", "com.sun" or
their equivalents in any subsequent naming convention adopted by Sun
through the Java Community Process, or any recognized successors or
replacements thereof; and "Technology Compatibility Kit" or "TCK"
shall mean the test suite and accompanying TCK User's Guide provided
by Sun which corresponds to the Specification and that was available
either (i) from Sun's 120 days before the first release of Your
Independent Implementation that allows its use for commercial
purposes, or (ii) more recently than 120 days from such release but
against which You elect to test Your implementation of the
Specification.
This Agreement will terminate immediately without notice from Sun if
you breach the Agreement or act outside the scope of the licenses
granted above.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not
represent any commitment to release or implement any portion of the
Specification in any product. In addition, the Specification could
include technical inaccuracies or typographical errors.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN
ANY WAY TO YOUR HAVING, IMPLEMENTING OR OTHERWISE USING USING THE
SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend Sun and its licensors
from any claims arising or resulting from: (i) your use of the
Specification; (ii) the use or distribution of your Java application,
applet and/or implementation; and/or (iii) any claims that later
versions or releases of any Specification furnished to you are
incompatible with the Specification provided to you under this
license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being acquired by or on
behalf of the U.S. Government or by a U.S. Government prime contractor
or subcontractor (at any tier), then the Government's rights in the
Software and accompanying documenta