Users Guide

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 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.
Third party licenses
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