iv
JavaServer Pages 2.3 Specification
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 Specification Lead 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 Specification Lead 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 Specification Lead 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
Specification Lead 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 Specification Lead's source code or binary code materials nor, except with
an appropriate and separate license from Specification Lead, includes any of Specification Lead'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.<Specification Lead>" or their equivalents in any subsequent naming convention adopted by Oracle
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 Specification
Lead which corresponds to the Specification and that was available either (i) from Specification Lead'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 Specification Lead if you breach the Agreement or act
outside the scope of the licenses granted above..
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SPECIFICATION LEAD 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 SPECIFICATION LEAD 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, IMPELEMENTING OR OTHERWISE USING USING THE
SPECIFICATION, EVEN IF SPECIFICATION LEAD AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend Specification Lead 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..