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Streaming API for XML (JSR-173) Specification Reference

Implementation License Agreement

Streaming API for XML (JSR-173) Specification Reference Implementation License Agreement READ THE TERMS OF THIS

(THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING THE SOFTWARE LICENSED HEREUNDER. BY VIEWING OR

USING THE SOFTWARE, 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

ORIGINAL CONTRIBUTOR, DEFINED HEREIN. 1.0 DEFINITIONS. 1.1. "BEA" means BEA Systems, Inc., the licensor of the

Original Code. 1.2. "Contributor" means BEA and each entity that creates or contributes to the creation of Modifications. 1.3.

"Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each

case including portions thereof and corresponding documentation released with the source code. 1.4. "Executable" means

Covered Code in any form other than Source Code. 1.5. "FCS" means first commercial shipment of a product. 1.6.

"Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous

Modifications. When Covered Code is released as a series of files, a Modification is: (a) Any addition to or deletion from the

contents of a file containing Original Code or previous Modifications. (b) Any new file that contains any part of the Original Code

or previous Modifications. 1.7. "Original Code" means Source Code of computer software code Reference Implementation. 1.8.

"Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and

apparatus claims, in any patent for which the grantor has the right to grant a license. 1.9. “Reference Implementation” means

the prototype or “proof of concept” implementation of the Specification developed and made available for license by or on

behalf of BEA. 1.10. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all

modules it contains, plus any associated documentation, interface definition files, scripts used to control compilation and

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

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

Third party licenses