Title: SUN MICROSYSTEMS, INC
Author: Joyce Chow
Company: Apple Computer, Inc.

SUN MICROSYSTEMS, INC.

SUN LABORATORIES EXPERIMENTAL SOFTWARE LICENSE

Version 1.0

(Rev. Date: ______)

SUN MICROSYSTEMS, INC. (“SUN”) WILL LICENSE THE ACCOMPANYING TECHNOLOGY AND DOCUMENTATION TO YOU (“YOU”) ONLY ON YOUR ACCEPTANCE OF ALL THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.

INTRODUCTION. Sun desires to license the technology described in Attachment A hereto ("Technology"), including accompanying documentation ("Documentation"), to You to facilitate research, innovation and/or product development while maintaining compatibility with the Technology on the terms specified in this License.

1. LICENSE GRANT. 

1.1 Subject to Your compliance with Sections 2.1, 2.2 and 10.5, Sun grants to You a worldwide, royalty-free, non-exclusive,  non-transferable license, to the extent of Sun’s Intellectual Property Rights covering the Technology and Documentation, to do the following:

    1.Use, reproduce, display, perform, modify and create derivative works of and compile the Technology (in source code, binary code and/or executable format) and Documentation;

    2.Sublicense and distribute, directly and indirectly through multiple tiers of distribution, Your modifications and derivative works to the Technology (“Modifications”);

    3.Develop, sublicense and distribute, directly and indirectly through multiple tiers of distribution software products incorporating  Modifications ("Software Products") in binary code or executable format only; and 

    4.Sublicense and distribute, directly and indirectly through multiple tiers of distribution, Your modifications and derivative works to the Documentation (“Documentation Modifications”) when bundled with such Modifications or Software Products.

1.2 For purposes of this License, the term "Intellectual Property Rights" means worldwide statutory and common law rights associated solely with (i) patents and patent applications; (ii) works of authorship including copyrights, copyright applications, copyright registrations and "moral rights"; (iii) the protection of trade and industrial secrets and confidential information; and (iv) divisions, continuations, renewals,  and re-issuances of the foregoing now existing or acquired in the future.

1.3 If the Technology or Documentation includes third-party technology, Your use of such third-party technology is governed by the third party's license agreement and not by this License, whether that license agreement is presented for acceptance the first time that the third-party software is invoked, is included in a file in electronic form, or is included as an attachment to this License. 

1.4 This License does not allow You to distribute or sublicense any Technology or Documentation in unmodified form. Other than the license set forth in this Section 1 and rights expressly granted in this License, Sun retains all right, title and interest in and to the Technology and Documentation. 

2. REQUIREMENTS AND RESPONSIBILITIES.

2.1 If Sun includes a specification set forth in Attachment B, You agree to develop all Modifications, Documentation Modifications or Software Products which comply fully with the specification prior to any productive use or distribution of the Modifications, Documentation Modifications or Software Products.

2.2 In order to encourage continued development and distribution of the Technology and Documentation, You hereby agree as follows:

    1.Any distribution of Modifications or Documentation Modifications must include a license agreement for such Modifications or Documentation Modifications containing the terms and conditions set forth in this License;

    2.If You distribute the Technology or Modifications with other code not governed by the terms of this License and distribute such as a Software Product, You must make sure that the requirements of this License are fulfilled for the Technology;

    3.You grant to Sun a worldwide, royalty-free, nonexclusive, perpetual and irrevocable license to use, reproduce, perform, display, modify, create derivative works of, sublicense and distribute (through multiple tiers of distribution) Your Modifications, Documentation Modifications, Extensions and Your implementation of such Extensions; 

    4.If You develop or license to others an Extension, You will publish to the industry, on a non-confidential basis and free of all copyright restrictions: (i) an accurate and current specification for any Extension, including an appropriate test suite that is sufficiently detailed to allow any third party reasonably skilled in the technology to produce an implementation of the Extension compatible with the specification; and (ii) the source code to any implementation to an Extension developed by You. 

Notwithstanding the foregoing, You have no obligation to deliver to Sun any Modifications, Documentation Modifications or Software Products or Your implementations to an Extension. For purposes of this License, the term "Extension" means any additional classes or other programming code software interfaces developed by or for You which: (i) are designed for use with the Technology or Modifications; (ii) constitute an API for a library of computing functions or services; and (iii) are disclosed to third party software developers for the purpose of developing software which invokes such additional classes or other programming code and/or hardware or software interfaces. 

2.3 The Technology and Documentation is copyrighted by Sun, and may also contain copyrighted material of third parties. You agree to retain and reproduce all copyright and other notices presently on the Technology and Documentation on and in any copies of the Technology, Documentation, Modifications, Documentation Modifications or Software Products.

3. ERROR CORRECTIONS OR UPGRADES. Sun may, from time to time and in its sole discretion, make available to You through the Sun Laboratories web page Error Corrections or Upgrades. All such Error Corrections or Upgrades are licensed to You in accordance with the terms of this License. For purposes of this License, “Error Corrections” means any change to the Technology which conforms to the Documentation and corrects an adverse effect of the Technology to perform any function set forth in or required by the Documentation, and “Upgrades” means any new version of the Technology.

4. SUPPORT. Technical support is not provided to You by Sun under this License. You are responsible for providing support to your customers for the Technology, Documentation, Modifications, Documentation Modifications and Software Products. Such support shall be in accordance with generally accepted industry standards for similar products.

5. VERSIONS OF THE LICENSE. Sun may publish revised versions of the License from time to time. Each version will be given a distinguishing version number. Once a particular version of the Technology and Documentation has been provided under a version of the License, You may continue to use the Technology and Documentation under the terms of that version of the License. You may also choose to use the Technology and Documentation under the terms of any subsequent version of the License. No one other than Sun has the right to promulgate License versions.

6. TRADEMARKS. You are granted no right, title or license to, or interest in, any Sun Trademarks. Any permitted use of Sun Trademarks must comply with the then-current Sun Trademarks & Logo Usage Requirements accessible through the Sun's Trademark and Logo Usage Requirements webpage at http://www.sun.com/policies/trademarks/. You agree not to attempt to register any Sun Trademarks, or any substantially similar mark or logo, nor to incorporate any Sun Trademarks into your own trademarks, product names, service marks, company names, or domain names.

7. TERM AND TERMINATION.

7.1 The term of this License will begin when You first download, copy, install or use the Technology or Documentation and will continue unless terminated as set forth below:

    1.Automatically if You fail to comply with the terms of this License and fail to cure such breach within thirty (30) days of receipt of written notice of the breach sent to Your address set forth in the acknowledgement that you have read and agreed to the terms of thisLicense; 

    2.Immediately if the Technology or Documentation becomes the subject of a claim of infringement; or

    3.At Sun's discretion upon any action initiated by You alleging that use or distribution by Sun or any other licensee of the Technology or Documentation under this License, infringes a patent or copyright owned or controlled by You. 

7.2 Upon termination of this License, You will cease all use and distribution of the Technology, Documentation, Modifications, Documentation Modifications and Software Products and shall, upon request, promptly return or certify destruction, of all full and partial copies of the Technology, Documentation, Modifications and Documentation Modifications. All sublicenses You have properly granted will survive any termination of this License.

7.3 Sections 2.2, 6, 7, 8, 9 and 10, and any other provisions which, by their nature, should remain in effect beyond the termination of this License, will survive.

8. DISCLAIMER OF WARRANTY.

8.1 The Technology and Documentation are experimental and provided only for the purposes set forth in this License. Accordingly, You acknowledge that: (i) the Technology and Documentation may have bugs, design flaws, defects and other deficiencies which cannot or will not be corrected; (ii) use of the Technology or Documentation may result in unexpected results, loss of data or other unpredictable damage or loss; (iii) use of the Technology and Documentation is not designed or intended for use in (a) on-line control of aircraft, air traffic, aircraft navigation or aircraft communications, or (b) in the design, construction, operation or maintenance of any nuclear facility; and (iv) Sun is under no obligation to release the Technology or Documentation as a product. 

8.2 THE TECHNOLOGY AND DOCUMENTATION ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND SUN DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF THE TECHNOLOGY, DOCUMENTATION, MODIFICATIONS, DOCUMENTATION MODIFICATIONS, SOFTWARE PRODUCTS OR HARDWARE PRODUCTS.

9. LIMITATION OF LIABILITY. 

9.1 In consideration of the royalty-free License granted to You hereunder, You agree to be wholly responsible for any Liabilities arising from your use and agree to hold Sun and its licensors harmless from and against any such Liabilities. For purposes of this section, the term “Liabilities” include any and all third party claims, including claims based on infringement or misappropriation of third party’s intellectual property rights.

9.2 In consideration of the royalty-free license granted to You hereunder, You acknowledge and agree that in no event will Sun or its licensors be liable for any direct, indirect, punitive, special, incidental or consequential damages in connection with or arising out of this License (including without limitation, loss of profits, use, data or other economic advantage, however it arises and on any theory of liability, whether in an action for contract, strict liability or tort (including negligence) or otherwise) whether or not Sun has been advised of the possibility of such damage and notwithstanding the failure of the essential purpose of any remedy. This Limitation of Liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable Law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the exclusion and limitation may not apply to You.

10.1 The Technology and Documentation is a "commercial item", as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the Technology and Documentation with only those rights set forth herein. You agree to pass this notice to your licensees.

10.2 Technology and Documentation are subject to U.S. export control laws and may be subject to export or import regulation in other countries. You agree to comply strictly with all such laws and regulations and acknowledge your responsibility to obtain such licenses to export, re-export, or import as may be required. You agree to pass these obligations on to Your licensees. In addition, due to limited
intellectual property protection and enforcement in certain countries, You may not distribute Technology, Documentation, Modifications, Documentation Modifications or Software Products to any country on the list of restricted countries on the Sun Community Source webpage at: http://www.sun.com/software/communitysource.

10.3 You may assign this License to a third party who agrees in writing to be bound by its terms, by providing prior notice to Sun in writing or via the Sun Laboratories web-server. Sun may assign this License in its sole discretion.

10.4 If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

10.5 This License is in the English language only, which language shall be controlling in all respects, and all versions of the License in any other language shall be for accommodation only and shall not be binding on the parties to this License.

10.6 This License shall be governed by the laws of the United States and the State of California, as applied to contracts entered into and to be performed in California between California residents. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

10.7 This License, including Attachments, represents the complete agreement between the parties regarding the subject matter of this License and can only be amended by an agreement signed by authorized representatives of both parties or except as otherwise provided herein.

ATTACHMENT A

TECHNOLOGY AND DOCUMENTATION DESCRIPTION

The software is composed of two distinct pieces: A C library called mslplib and a service called mslpd. The library allows a networked host to issue structured queries and dynamically discover arbitrary network services. The mslpd service allows arbitrary services on a network host to be advertised so that they can be discovered by clients using the mslplib. The network protocol used by these components is the "Service Location Protocol Version 2". This protocol is a proposed standard issued by the IETF. The components will inter-operate with other advertising and discovering agents on the network which use the same protocol.

This release will include a full SLP user agent and service agent, by adding support for two additional messages beyond the the original minimal implementation which was released in November 1998, and a full C API for both user agent and service agent. The source code will also be released. Vendors of embedded services and client software may experiment with and bundle this software with their products. We propose to release the source as Public Source License with Commercial Rights, i.e. unencumbered with royalties, licensing fees, or the need for special contracts for both non-commercial and commercial use.

The Specification for the technology may be obtained by accessing the following web site and downloading the specifications: