generic Java TCK license

["Roy T. Fielding" <fi...@gbiv.com>]

As many of you know, Apache has had to periodically tussle
with Sun over the terms for participating in the Java Community
Process and the ability to actually implement the specifications
we help define.  Well, in this case, my employer is the Spec Lead
and we are going through the final struggle publish JSR 170 in
a way that allows the ASF to distribute compliant implementations
via the incubating Apache Jackrabbit project.

The short story is that I have had to rewrite our TCK license
in the hope that it matches Day's need for compliant
implementations, Sun's need for protecting the Specification
license (a separate beast), and Apache's need to actually
implement and test both the Jackrabbit implementation and the
set of test cases that are actually tested by the TCK, since
Day is doing all of its RI and TCK work within Jackrabbit
and merely using svn:externals to build the official TCK.

The ultimate goal is to create an open source license for the
source within the TCK that can be reused by other spec leads
in the future (e.g., BEA, IBM, and maybe even Apache if we ever
own a spec).

So, if you are in the mood to read another license, I'd appreciate
any comments you might have on the below text, particularly if
I've written something that appears wacko from a legal perspective.


Cheers,

Roy T. Fielding                            <http://roy.gbiv.com/>
Chief Scientist, Day Software              <http://www.day.com/>

==============================


                          Day TCK License
                      Version 3.0, April 2005

    Specification Lead: Day Management AG, Basel, Switzerland.

    Specification: Content Repository for JavaTM Technology API
          Version: 1.0
              URI: <http://www.jcp.org/en/jsr/detail?id=170>

    READ THE TERMS OF THIS LICENSE (the "Agreement") CAREFULLY BEFORE
    INSTALLING OR USING THE TECHNOLOGY COMPATIBILITY KIT LICENSED
    HEREUNDER. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST PROMPTLY
    CEASE ANY USE OF THE TECHNOLOGY COMPATIBILITY KIT AND RETURN OR
    DESTROY ALL COPIES IN YOUR POSSESSION. IF YOU ARE ACCESSING THE
    TECHNOLOGY COMPATIBILITY KIT ELECTRONICALLY, INDICATE YOUR
    ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE
    END OF THIS AGREEMENT. BY CONTINUING THE INSTALLATION PROCESS OR
    USING THE TECHNOLOGY COMPATIBILITY KIT, YOU INDICATE YOUR
    ACCEPTANCE OF THIS AGREEMENT.

    1. Scope.

    "Technology Compatibility Kit" or "TCK" means the documentation,
    testing tools, and test suites associated with the Specification
    identified above, as may be revised by the Specification Lead from
    time to time, designated for use by an implementer to determine
    if its implementation is compliant with the Specification.
    This Agreement applies only to the TCK and derivative works thereof;
    the Specification is made available separately at the location
    described above and is not included within the TCK made available
    under this Agreement.

    2. Passing the TCK.

    (a) The "TCK for the Specification" is the most recent version of the
    TCK, as published by the Specification Lead (or its duly authorized
    representatives), without any further modification beyond that
    required by the TCK User's Guide for normal installation and
    configuration.

    (b) Subject to the terms and conditions of this Agreement, including
    the terms and conditions of the Apache License, Version 2.0
    (Exhibit A), You may use a copy of the TCK for the Specification to
    test an implementation for compliance to the Specification. Upon
    completion of the tests, the TCK will inform the user whether or not
    the implementation tested does "pass the TCK" and to what levels
    and/or optional feature sets of the Specification the implementation
    complies.

    (c) You may not use any marks, brands or logos associated with
    the Specification, or otherwise promote or market any product
    as being compatible, compliant, conformant or otherwise consistent
    with the Specification, unless such product has been tested and
    does "pass the TCK" in accordance with section 2(b).

    (d) You may self-certify that Your product passes the TCK for the
    Specification as set forth above, if and when such product in fact
    does so, provided that You also agree to comply with the Dispute
    Resolution Process described in section 3 if requested to do so
    by the Specification Lead.

    3. Dispute Resolution Process.

    (a) If Your product uses any marks, brands or logos associated with
    the Specification, or is otherwise promoted or marketed as being
    compatible, compliant, conformant or otherwise consistent with the
    Specification, and the Specification Lead reasonably believes that
    Your product does not pass the TCK for the Specification, the
    Specification Lead may require You to submit specific test
    documentation to the Specification Lead, or to an independent
    third party audit facility designated by the Specification Lead,
    for verification of proper compatibility testing.

    (b) If the audit determines that Your product does not pass the TCK
    for the Specification, then You shall be responsible for all
    reasonable costs of such audit, including but not limited to the
    costs of retesting, and You shall, within 90 days of receipt of
    notice that the Product does not pass the TCK, either (i) modify
    the Product so that it does pass the TCK and resubmit it to the
    third party auditor for retesting, or (ii) cease use of any marks,
    brands or logos associated with the Specification and cease to
    promote or market the product as being compatible, compliant,
    conformant, or otherwise consistent with the Specification.

    4. Other use, reproduction, and redistribution.

    Subject to the terms and conditions of the Apache License,
    Version 2.0 (Exhibit A), You may also use, reproduce, or redistribute
    the software and test cases included in the TCK, with or without
    modification, provided that such use, reproduction, or redistribution
    is not portrayed in any way as the TCK for the Specification and
    does not make use of the trade names, trademarks, service marks, or
    product names of the Specification Lead without prior written
    permission.

    5. Miscellaneous

    This Agreement represents the complete agreement concerning the
    subject matter hereof. If any provision of this Agreement is held to
    be unenforceable, such provision shall be reformed only to the extent
    necessary to make it enforceable.  This Agreement shall be governed
    by and construed in accordance with the laws of the principle place
    of business for the Specification Lead, as identified at the top of
    this Agreement.


    Exhibit A: Apache License, Version 2.0

                                  Apache License
                            Version 2.0, January 2004
                         http://www.apache.org/licenses/

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