Users Guide

installation of an Executable, or source code differential comparisons against either the Original Code or another well known,
available Covered Code of the Contributor's choice. 1.11. “Specification” means the written specification for the Streaming API
for XML , Java technology developed pursuant to the Java Community Process. 1.12. "Technology Compatibility Kit" or “TCK”
means the documentation, testing tools and test suites associated with the Specification as may be revised by BEA from time to
time, that is provided so that an implementer of the Specification may determine if its implementation is compliant with the
Specification. 1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the
terms of, this Agreement or a future version of this Agreement issued under Section 6.1. For legal entities, "You" includes any
entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a)
the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b)
ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2.0 SOURCE
CODE LICENSE. 2.1. Copyright Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a non-
exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Covered Code of such Contributor, if any, and such derivative works, in Source Code and
Executable form. 2.2. Patent Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a non-
exclusive, worldwide, royalty-free patent license under the Patent Claims to make, use, sell, offer to sell, import and otherwise
transfer the Covered Code prepared and provided by such Contributor, if any, in Source Code and Executable form. This patent
license shall apply to the Covered Code if, at the time a Modification is added by the Contributor, such addition of the
Modification causes such combination to be covered by the Patent Claims. The patent license shall not apply to any other
combinations which include the Modification. 2.3. Conditions to Grants. You understand that although each Contributor grants
the licenses to the Covered Code prepared by it, no assurances are provided by any Contributor that the Covered Code does
not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to You for
claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party patent license is required to allow You to distribute Covered Code, it
is Your responsibility to acquire that license before distributing such code. 2.4. Contributors’ Representation. Each Contributor
represents that to its knowledge it has sufficient copyright rights in the Covered Code it provides , if any, to grant the copyright
license set forth in this Agreement. 3.0 DISTRIBUION RESTRICTIONS. 3.1. Application of Agreement. The Modifications which
You create or to which You contribute are governed by the terms of this Agreement, including without limitation Section 2.0.
The Source Code version of Covered Code may be distributed only under the terms of this Agreement or a future version of this
Agreement released under Section 6.1, and You must include a copy of this Agreement with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of
this Agreement or the recipients' rights hereunder. However, You may include an additional document offering the additional
rights described in Section 3.3. 3.2. Description of Modifications. You must cause all Covered Code to which You contribute to
contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a
prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by BEA and including
the name of BEA in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You
describe the origin or ownership of the Covered Code. 3.3. Required Notices. You must duplicate the following notice in each file
of the Source Code: “(c) 2002, 2003 BEA Systems, Inc. All rights Reserved. The contents of this file are subject to the BEA
Streaming API for XML Specification Reference Implementation License Agreement (the “Agreement”); you may not use this file
except in compliance with the Agreement. A copy of the Agreement is available at http://www.bea.com/” If You created one or
more Modification(s) You may add your name as a Contributor to the copyright portion of the notice above. You must also
duplicate this Agreement in any documentation for the Source Code where You describe recipients' rights or ownership rights
relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of BEA or any
other Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered
by You alone, and You hereby agree to indemnify BEA and every other Contributor for any liability incurred by BEA or such other
Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.4. Distribution of Executable Versions. You
may choose to distribute Covered Code in Executable form under its own license agreement, provided that: (a) You comply with
the terms and conditions of this Agreement; and (b) Your license agreement: (i) effectively disclaims on behalf of all
Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement,
and implied warranties or conditions of merchantability and fitness for a particular purpose; (ii) effectively excludes on behalf of
all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost
profits; (iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any
other party; and (iv) states that Source Code for the Covered Code is available from such Contributor, and informs licensees
how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. (c) You do not use
any marks, brands or logos associated with the JCP Specification, or otherwise promote or market any Covered Code, as being
compatible, compliant, conformant or otherwise consistent with the Specification unless such product passes, in accordance
with the documentation (including the TCK Users Guide, if any), the most current TCK applicable to the latest version of the
Specification and available from BEA one hundred twenty (120) days before FCS of such version of the product; provided,
however, that if You elect to use a version of the TCK also provided by BEA that is newer than that which is required under this
Section 2.1(b)(v), then You agree to pass such TCK. 3.5. Distribution of Source Code Versions. When You make Covered Code
available in Source Code form: (a) it must be made available under this Agreement; and (b) a copy of this Agreement must be
included with each copy of the Covered Code. You may not remove or alter any copyright notices contained within the Covered
Code. Each Contributor must identify itself as the originator of its contribution to the Covered Code, if any, in a manner that
reasonably allows subsequent licensees to identify the originator of each portion of the Covered Code. 4.0 DISCLAIMER OF
Third party licenses
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