Reference Guide

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 WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT BEA OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 5.0 TERMINATION. 5.1. This Agreement and the rights granted
hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming
aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this Agreement.
Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive. 5.2. If You initiate litigation
by asserting a patent infringement claim (excluding declaratory judgment actions) against BEA or a Contributor (BEA or Contributor
against whom You file such action is referred to as "Participant") alleging that: (a) such Participant's Covered Code directly or indirectly
infringes any patent, then any and all rights granted by such Participant to You under Sections 2.0of this Agreement shall, upon 60 days
notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay
Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii)
withdraw Your litigation claim with respect to the Covered Code against such Participant. If within 60 days of notice, a reasonable royalty
and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted
by Participant to You under Section 2.0 automatically terminate at the expiration of the 60 day notice period specified above. (b) any
software, hardware, or device, other than such Participant's Covered Code, directly or indirectly infringes any patent, then any rights
granted to You by such Participant under Sections 2.0 are revoked effective as of the date You first made, used, sold, distributed, or had
made, Modifications made by that Participant. 5.3. If You assert a patent infringement claim against Participant alleging that such
Participant's Covered Code directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior
to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.0
shall be taken into account in determining the amount or value of any payment or license. 5.4. In the event of termination under Sections
5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any
distributor hereunder prior to termination shall survive termination. 6.0 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOUBEA, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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Third party licenses