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Specification: JSR-000220 Enterprise JavaBeans v.3.0 ("Specification")

Version: 3.0

Status: Final Release

Release: 8 May 2006

4150 Network Circle, Santa Clara, California 95054, U.S.A

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, nonexclusive,

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 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, NONINFRINGEMENT

(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 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 documentation shall be only as set forth in this license; this is in accordance

with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with

48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

REPORT

If you provide Sun with any comments or suggestions concerning the Specification ("Feedback"), you

hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii)

grant Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense

through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the

Feedback for any purpose.

GENERAL TERMS

Any action related to this Agreement will be governed by California law and controlling U.S. federal law.

The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction

will not apply.

The Specification is subject to U.S. export control laws and may be subject to export or import regulations

in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges

that it has the responsibility to obtain such licenses to export, re-export or import as may be

required after delivery to Licensee.

This Agreement is the parties’ entire agreement relating to its subject matter. It supersedes all prior or

contemporaneous oral or written communications, proposals, conditions, 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

to this Agreement will be binding, unless in writing and signed by an authorized representative

of each party.

Rev. April, 2006

Sun/Final/Full