Enterprise JavaBeans 3.0, Final Release Sun Microsystems, Inc.
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which are or would be infringed by all technically feasible implementations of the Specification to de-
velop, 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 oth-
er entity to infringe Your patent rights.
c Also with respect to any patent claims owned by Sun and covered by the license granted under sub-
paragraph 2 above, where the infringement of such claims can be avoided in a technically feasible man-
ner 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 im-
plementation of the Specification that neither derives from any of Sun’s source code or binary code ma-
terials 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 con-
vention adopted by Sun through the Java Community Process, or any recognized successors or replace-
ments 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 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 WAR-
RANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRAN-
TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTA-
TION 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 im-
plement any portion of the Specification in any product. In addition, the Specification could include tech-
nical 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 PU-
NITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILI-
TY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR HAVING, IMPLEMENTING OR
OTHERWISE 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.
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