COMMERCIAL USE SUPPLEMENT TO SUN COMMUNITY SOURCE CODE LICENSE GENERAL TERMS


I. PURPOSE AND EFFECT.


This Commercial Use Supplement General Terms ("CUSupp") is required for Commercial Use of Covered Code and, once signed by You and Original Contributor, is operative for all Technologies specified in all Technology Specific Attachment(s) hereto. The rights and responsibilities set forth in this CUSupp are additional to those in Your License.


II. DEFINITIONS.


"Commercial Use" means uses and distributions of Covered Code for any direct or indirect commercial or strategic gain or advantage.


"Compliant Implementation" means Covered Code that fully implements the Technology Specifications and complies with Sun's requirements.


"Compliance Materials" means the test programs, guides, documentation and other materials identified in the Technology-Specific Attachment(s) for use in establishing that Covered Code is a Compliant Implementation.


"Technology-Specific Attachment(s)" means an attachment or attachments to this CUSupp which contains terms and conditions specific to the Technology therein identified as well as the specifics of the Compliance Materials and requirements for such Technology.


III. COMMERCIAL USE RIGHTS.


A. Commercial Use. Subject to and conditioned upon Your compliance with the terms and conditions of Your Research Use license and the additional terms and conditions set forth in this CUSupp and associated Technology-Specific Attachment(s), including the provisions of Section IV, below, Original Contributor hereby adds to those rights enumerated under Section III.A.1 of the Research Use license the rights to, within the specified Field of Use denoted in the Technology Specific Attachment:


e) use the Compliance Materials to determine whether Covered Code constitutes a Compliant Implementation;

f) use, reproduce, display, perform and distribute internally source and object code copies of Compliant Implementations for Commercial Use;

g) reproduce and distribute to third parties and Community Members through multiple tiers of distribution object code copies of Compliant Implementations for Commercial Use;

h) reproduce and distribute the source code of Compliant Implementations to Community Members licensed for Commercial Use of the same Technology; and

i) reproduce and distribute a copy of the Technology Specifications (which may be reformatted, but must remain substantively unchanged) with Compliant Implementations for Commercial Use.


B. Covenant. In addition, Original Contributor's covenant under Section III.A.2 is hereby expanded to include Your using, making, having made, selling, importing and distributing Compliant Implementations for Commercial Use insofar as permitted above.


IV. ADDITIONAL REQUIREMENTS AND COMMUNITY RESPONSIBILITIES.


As a condition to the Commercial Use rights granted above, You must comply with the following restrictions and community responsibilities (in addition to those in the License):


F. Certification. You may distribute source code of Compliant Implementations for Commercial Use only to Community Members from whom You have first obtained a certification of status in the form set forth in Attachment A-1. You must keep a copy of each such certificate and acknowledgment You obtain and provide a copy to Original Contributor, if requested.


G. Compliance Materials. Depending on the Technology licensed, Your access to and use of the Compliance Materials may be subject to additional requirements such as entering into a support agreement and trademark license. Such additional requirements, if any, are as set out in the Technology-Specific Attachment. You agree to comply fully with all such applicable requirements.


H. Compatibility. Only Compliant Implementations may be used and distributed for Commercial Use.


I. Commercial Distribution Requirement. You may distribute object code copies for Commercial Use as herein contemplated under a license agreement of Your choice which is consistent with Your rights and obligations under the License and this CUSupp. You may provide warranties, indemnities and/or other additional terms and conditions in Your license agreements, provided that it is clear that such additional terms and conditions are offered by You only. You hereby agree to hold each Community Member harmless and indemnify them against any liability arising in connection with such terms and conditions. You will pay all damages, costs and fees awarded by a court or arbitrator having jurisdiction over the matter or any settlement amount negotiated by You and attributable to such claim.


J. End User License Terms. You must include the following terms and conditions in end user license agreements accompanying copies of Compliant Implementations distributed for Commercial User hereunder:


1. Software contains copyrighted information of Sun Microsystems, Inc. and title is retained by Sun.



2. Use, duplication or disclosure by the United States government is subject to the restrictions set forth in the Rights in Technical Data and Computer Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as applicable.


K. Defense. Original Contributor will have the right, but not the obligation, to defend You, at Original Contributor's expense, in connection with a claim that Your Commercial Use of Reference Code is an infringement of a third party's intellectual property rights, in which case You agree to cooperate with Original Contributor and Original Contributor will pay all damages costs and fees awarded by a court or tribunal of competent jurisdiction, or such settlement amount negotiated by Original Contributor and attributable to such claim.


L. Notice of Breach or Infringement. Each party shall notify the other immediately in writing when it becomes aware of any breach or violation of the terms of this License, or when You become aware of any potential or actual infringement by a third party of the Technology or Sun's intellectual property rights therein.


M. Proprietary Rights Notices. You must not remove any copyright notices, trademark notices or other proprietary legends of Original Contributor or its suppliers contained on or in the Covered Code, Technology Specifications and Contributed Code Specifications.



N. Relationship. The relationship created is that of licensor and licensee only. You hereby waive the benefit of any law or regulation dealing with the establishment and regulation of franchises or agencies.
