Cezar or Cliff--
Any update on Cliff's comments below that can be shared with the community?
We'd like to get a Beehive 1.0 release with XMLBeans out soon, and
this would block us if we can't ship JSR 173 under this license.
Thanks!
Eddie
On 9/8/05, Cliff Schmidt <[EMAIL PROTECTED]> wrote:
> On 9/8/05, Cezar Andrei <[EMAIL PROTECTED]> wrote:
> > The SVN change 279402 moves XMLBeans to a different jsr173 archive that
> > contains the jsr173 Reference Implementation under a new license. Our
> > lawyer said that this new license should be compatible with the Apache
> > rules and should solve the problem pointed out in the thread below.
> >
> > Cliff, can you take a look and give us your opinion on the new license
> > and on what should we do with the v2.0.0 release files?
> >
> > In order to get the new jsr173 archive, please execute the following in
> > your XMLBeans development dir:
> >
> > ant clean.jars
> > ant clean deploy checkintest
>
> OK - I did all that and I get a license (pasted below) that doesn't
> look even slightly compatible with the Apache License v.2. Is this
> the new license?
>
> Cliff
>
>
> BEA Systems, Inc. ("BEA")
>
> Binary Code License Agreement
>
> JSR 173 "Streaming API for XML" - Reference Implementation
>
>
>
> READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
> TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
> MEDIA PACKAGE.† BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
> THE TERMS OF THIS AGREEMENT.† IF YOU ARE ACCESSING THE SOFTWARE
> ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
> THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.† IF YOU DO NOT AGREE
> TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
> OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
> ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
> AGREEMENT.
>
>
>
> 1.† LICENSE TO USE.† BEA grants you a non-exclusive and
> non-transferable, royalty-free license for the internal use only of
> the accompanying software and documentation and any error corrections
> provided by BEA (collectively "Software").
>
>
>
> 2.† RESTRICTIONS.† Software is confidential and copyrighted. Title to
> Software and all associated intellectual property rights is retained
> by BEA and/or its licensors.† Except as specifically authorized in any
> Supplemental License Terms, you may not make copies of Software, other
> than a single copy of Software for archival purposes.† Unless
> enforcement is prohibited by applicable law, you may not modify,
> decompile, or reverse engineer Software.† Licensee acknowledges that
> Licensed Software is not designed or intended for use in the design,
> construction, operation or maintenance of any nuclear facility. BEA
> disclaims any express or implied warranty of fitness for such uses. †
> No right, title or interest in or to any trademark, service mark, logo
> or trade name of BEA or its licensors is granted under this Agreement.
>
>
>
> 3. LIMITED WARRANTY.† BEA warrants to you that for a period of ninety
> (90) days from the date of purchase, as evidenced by a copy of the
> receipt, the media on which Software is furnished (if any) will be
> free of defects in materials and workmanship under normal use.† Except
> for the foregoing, Software is provided "AS IS".† Your exclusive
> remedy and BEA's entire liability under this limited warranty will be
> at BEA's option to replace Software media or refund the fee paid for
> Software.
>
>
>
> 4.† DISCLAIMER OF WARRANTY.† UNLESS SPECIFIED IN THIS AGREEMENT, ALL
> EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
> INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
> PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
> EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
>
>
>
> 5.† LIMITATION OF LIABILITY.† TO THE EXTENT NOT PROHIBITED BY LAW, IN
> NO EVENT WILL BEA OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
> PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
> PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
> LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
> SOFTWARE, EVEN IF BEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
> DAMAGES.† In no event will BEA's liability to you, whether in
> contract, tort (including negligence), or otherwise, exceed the amount
> paid by you for Software under this Agreement.† The foregoing
> limitations will apply even if the above stated warranty fails of its
> essential purpose.
>
>
>
> 6.† Termination.† This Agreement is effective until terminated.† You
> may terminate this Agreement at any time by destroying all copies of
> Software.† This Agreement will terminate immediately without notice
> from BEA if you fail to comply with any provision of this Agreement.†
> Upon Termination, you must destroy all copies of Software.
>
>
>
> 7. Export Regulations. All Software and technical data delivered
> under this Agreement are subject to US export control laws and may be
> subject to export or import regulations in other countries.† You agree
> to comply strictly with all such laws and regulations and acknowledge
> that you have the responsibility to obtain such licenses to export,
> re-export, or import as may be required after delivery to you.
>
>
>
> 8.† U.S. Government Restricted Rights.† If Software 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 Software and accompanying documentation will be only as set
> forth in this Agreement; this is in accordance with 48 CFR 227.7201
> through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
> with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
>
>
>
> 9.† Governing Law.† Any action related to this Agreement will be
> governed by California law and controlling U.S. federal law.† No
> choice of law rules of any jurisdiction will apply.
>
>
>
> 10. Severability. If any provision of this Agreement is held to be
> unenforceable, this Agreement will remain in effect with the provision
> omitted, unless omission would frustrate the intent of the parties, in
> which case this Agreement will immediately terminate.
>
>
>
> 11. Integration.† This Agreement is the entire agreement between you
> and BEA relating to its subject matter.† It supersedes all prior or
> contemporaneous oral or written communications, proposals,
> representations and warranties and prevails over any conflicting or
> additional terms of any quote, order, acknowledgment, or other
> communication between the parties relating to its subject matter
> during the term of this Agreement.† No modification of this Agreement
> will be binding, unless in writing and signed by an authorized
> representative of each party.
>
>
>
> JSR 173, REFERENCE IMPLEMENTATION
>
> SUPPLEMENTAL LICENSE TERMS
>
>
>
> These supplemental license terms ("Supplemental Terms") add to or
> modify the terms of the Binary Code License Agreement (collectively,
> the "Agreement"). Capitalized terms not defined in these Supplemental
> Terms shall have the same meanings ascribed to them in the Agreement.
> These Supplemental Terms shall supersede any inconsistent or
> conflicting terms in the Agreement, or in any license contained within
> the Software.
>
>
>
> 1. Software Internal Use and Development License Grant. Subject to the
> terms and conditions of this Agreement, BEA grants you a
> non-exclusive, non-transferable, limited license to reproduce
> internally and use internally the binary form of the Software,
> complete and unmodified, for the sole purpose of designing, developing
> and testing your Java applets and applications ("Programs").
>
>
>
> 2. License to Distribute Software.† In addition to the license granted
> in Section 1 (Software Internal Use and Development License Grant) of
> these Supplemental Terms, subject to the terms and conditions of this
> Agreement, BEA grants you a non-exclusive, non-transferable, limited
> license to reproduce and distribute the Software in binary form only,
> provided that you (i) distribute the Software complete and unmodified
> and only bundled as part of your Programs, (ii) do not distribute
> additional software intended to replace any component(s) of the
> Software, (iii) do not remove or alter any proprietary legends or
> notices contained in the Software, (iv) only distribute the Software
> subject to a license agreement that protects BEA's and its licensorís
> interests consistent with the terms contained in this Agreement, and
> (v) agree to defend and indemnify BEA and its licensors from and
> against any damages, costs, liabilities, settlement amounts and/or
> expenses (including attorneys' fees) incurred in connection with any
> claim, lawsuit or action by any third party that arises or results
> from the use or distribution of any and all Programs and/or Software.
>
>
>
> 3. Source Code. Software may contain source code that is provided
> solely for reference purposes pursuant to the terms of this
> Agreement.† Such source code may not be redistributed unless expressly
> provided for in this Agreement.
>
>
>
> 4.†Termination for Infringement.† Either party may terminate this
> Agreement immediately should any Software become, or in either party's
> opinion be likely to become, the subject of a claim of infringement of
> any intellectual property right.
>
>
>
> For inquiries please contact: BEA Systems, Inc., 2315 North First
> Street, San Jose, CA 95131.
>
