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Posted to jcp-open@apache.org by "Geir Magnusson Jr." <ge...@apache.org> on 2007/05/20 22:09:58 UTC
JSR291 OSGi - request for comment on final vote
It's time for the final vote for the OSGi spec. Our concerns
historically have been about IP issues in spec licensing and TCK
licensing. The two licenses are, to me anyway, rather clear and
straightforward. I have permission to post the two licenses here for
discussion. In addition, OSGI has a page on non-assertion of
patents http://www.osgi.org/products/non-assert.asp.
Given the that pledge, and the licenses below, does anyone object to
Apache voting yes on this JSR?
1) Spec license :
IBM Corporation, the specification leader (the “Spec Lead”) for the
JSR-291 Dynamic Component Support for Java™ SE, Version: 1.0
specification (the “Specification”), hereby grants permission to
utilize the Specification under the terms of this license and the
OSGi Specification License at http://www2.osgi.org/Main/
OSGiSpecificationLicense, provided that you include the following on
ALL copies, or portions thereof, that you make:
1. A link or URL to the Specification at this location: http://
www2.osgi.org/JSR291/Spec
2. The copyright notice(s) as shown in the Specification.
To encourage implementations of this Specification, the Spec Lead has
provided a binding perpetual covenant not to assert necessary patent
claims against implementations of this Specification. For more
information, please see http://www.ibm.com/us/download/IBM_OSGi.pdf.
THE SPECIFICATION IS PROVIDED "AS IS," AND THE SPEC LEAD AND ANY
OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT
INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER
RIGHTS. THE SPEC LEAD AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL
DAMAGES ARISING OUT OF ANY USE OF THE SPECIFICATION OR THE
PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
The name and trademarks of the Spec Lead or any other Authors may NOT
be used in any manner, including advertising or publicity pertaining
to the Specification or its contents without specific, written prior
permission. Title to copyright in the Specification will at all times
remain with the Authors.
No other rights are granted by implication, estoppel or otherwise.
2) the TCK license :
OSGi Compliance Tests License, V 1.0 released as the TCK for JSR 291
This Compliance Tests License Agreement ("Agreement") is entered into on
the Effective Date by and between
_____________________________________________________ (insert licensee
details) ("Licensee"), and
The OSGi Alliance, Inc., Bishop Ranch 6, 2400 Camino Ramon, Suite
375, San
Ramon, CA 94583, USA, ("OSGi").
Licensee and OSGi shall be referred to herein as Party or Parties.
"Specification" shall be those portions of the OSGi adopted
specifications
or standards which are referenced by the relevant Java Specification
Request ("JSR") final output as being required for compliance with such
JSR, as such may be updated from time to time by the JSR Specification
Lead.
"Compliance Tests" shall be those OSGi Compliance Tests (including
software and documentation) that test compliance with the
Specification as
identified by the final output of the relevant JSR, as such may be
updated
from time to time by the JSR Specification Lead.
License Grant
You are hereby granted a non-transferable and non-sublicenseable,
nonexclusive, world-wide license to use the Compliance Tests solely for
the purpose of testing compliance of any software with the
Specification.
You may not modify or create derivative works of any of the Compliance
Tests except as is necessary to fulfill the purpose described above.
You
may not distribute copies of the Compliance Tests to other parties
for any
purpose, including for the purpose of allowing such other party to
use the
Compliance Tests, provided however that any license granted hereunder
shall cover your subcontractors when performing work for you. You shall
be fully responsible and liable for your subcontractors' compliance with
the terms and conditions of this Agreement. You may not modify or
incorporate the Compliance Tests into any other software.
Charges and Term
The cost for this license is $50,000 USD for a term of 3 years from the
receipt of payment, payable against an invoice to be issued by OSGi.
Testing on behalf of Third Parties
During the license term the licensee may use the Compliance Tests to
certify compatibility of Third Party implementations of the
Specification.
For each Third Party the licensee tests on behalf of, an additional
$50,000 USD payment must be made to the OSGi as described in the terms
above. The Licensee assumes responsibility to ensure that the Third
Party
implementation meets the compatibility requirements.
No Warranties
The Compliance Tests contained herein is provided on an "AS IS" basis
and
to the maximum extent permitted by applicable law, this material is
provided AS IS AND WITH ALL FAULTS, and the developers of this material
hereby disclaim all other warranties and conditions, either express,
implied or statutory, including, but not limited to, any (if any)
implied
warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses, of
results,
of workmanlike effort, of lack of viruses, and of lack of negligence.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD
TO THIS MATERIAL.
Limitation of Liability
IN NO EVENT WILL THE OSGi ALLIANCE, ITS MEMBERS, ANY AUTHOR, DEVELOPER,
LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL BE LIABLE TO ANY OTHER
PARTY FOR
THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS,
LOSS OF
USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT,
PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR
OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT
RELATING
TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES.
Covenant Not to Assert
As a material condition to this license you hereby agree, to the extent
that you have any patents which cover the use of the Compliance Tests in
any manner permitted under this License, not to assert, for the licensed
use of the Compliance Tests, any such patents against the developers or
distributors of the Compliance Tests, or the OSGi Alliance, its members,
or any other parties who have entered into a license substantially
similar
to this Agreement.
Compatibility Claims
You may not claim that any version or release of software passes the
Compliance Tests, and therefore is compatible with the Specification,
unless it is capable of passing the most current version of the
Compliance
Tests available 1 year prior to the date of the first shipment of the
software to customers. In addition, you may not claim that any
version or
release of software is compatible with any specific OSGi Specification
unless such Software or derivative works is capable of passing the
OSGi's
Specification compatibility testing requirements, as defined by the OSGi
Alliance. You agree to make information available regarding the version
of the Compliance Tests passed, upon request. You agree that any claims
regarding compliance with the Specification will be factually
accurate and
will not be misleading.
General
No other rights are granted by implication, estoppel or otherwise.
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the
remainder of the terms of this Agreement, and without further action by
the parties hereto, such provision shall be reformed to the minimum
extent
necessary to make such provision valid and enforceable.
Your rights under this Agreement shall terminate if you fail to comply
with any of the material terms or conditions of this Agreement and do
not
cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If your rights under this Agreement terminate, you
agree to cease use of the Compliance Tests immediately and cease making
any claims of compatibility regarding the Specification based on the use
of the Compliance Tests.
This Agreement is governed by the laws of the State of California and
the
intellectual property laws of the United States of America. No party to
this Agreement will bring a legal action under this Agreement more than
one year after the cause of action arose. Each party waives its
rights to
a jury trial in any resulting litigation.
Re: JSR291 OSGi - request for comment on final vote
Posted by "William A. Rowe, Jr." <wr...@rowe-clan.net>.
Geir Magnusson Jr. wrote:
>
> My comment above was just noting that the TCK license in the package
> accidentally failed to note that the TCK would be provided at zero
> However the filing by IBM for this
> final draft does note that, and I consider the license in the TCK
> package just an oversight on IBMs part.
AH - so it *is* documented - no objections here!
> Re the Java SE TCK license, Sun will provide it to us for zero dollar
> cost. That's not a problem. The problem is that the license includes
> unacceptable conditions in that we couldn't release software conforming
> to those conditions while also under an open source license.
My comment was w.r.t. comments and responsibilities that haven't mapped
to actual license contracts - but in this case there is clear documentation
to this effect, so no worries.
Bill
Re: JSR291 OSGi - request for comment on final vote
Posted by "Roy T. Fielding" <fi...@gbiv.com>.
On May 21, 2007, at 12:06 PM, Geir Magnusson Jr. wrote:
> As a draft :
>
> "Apache votes YES with the condition that the spec lead will
> include the corrected TCK license - as found at http://
> www2.osgi.org/JSR291/TCK - in the final TCK package. In addition,
> the ASF would like to thank the spec lead for the clear, simple and
> JSPA-compliant spec and TCK licenses, and strongly urge other spec
> leads to follow this example. In order to deliver on the promise
> that the JCP creates "open specifications", the ASF requires spec
> leads to commit to specification and TCK licenses that, at the
> minimum, have no "Field of Use" or other restrictions that limit or
> encumber open source and free software implementations of Java
> specifications."
My preference would be more specificity:
" ... the ASF requires spec leads to commit to specification and TCK
licenses that do not restrict the downstream licenses of tested,
compatible implementations. In particular, no "Field of Use", shared
code, or other restrictions can appear in a TCK license that would
prevent a compatible independent implementation of a Java specification
from being distributed under the Apache License."
The general case is handled by the first sentence. The second sentence
can therefore be specific to us, and the big hole I am trying to close
is the one where the TCK offered is only free of FOU terms for GPL
software, or requires inclusion of code under GPL.
....Roy
Re: JSR291 OSGi - request for comment on final vote
Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 21, 2007, at 2:47 PM, Roy T. Fielding wrote:
> On May 21, 2007, at 3:29 AM, Geir Magnusson Jr. wrote:
>> I don't see how these two are in any way connected. I'm
>> confused. My comment above was just noting that the TCK license
>> in the package accidentally failed to note that the TCK would be
>> provided at zero dollar cost to non-profits, etc. However the
>> filing by IBM for this final draft does note that, and I consider
>> the license in the TCK package just an oversight on IBMs part.
>
> Right, but licenses are critical and even an oversight has to be
> corrected before we can vote. Now that the other half of the license
> has been posted by OSGi, I suggest we vote YES with a condition that
> the final package be updated to include all of the terms at
>
> http://www2.osgi.org/JSR291/TCK
>
> ....Roy
Sure - will do. There's also a statement from IBM to the EC in the
vote documentation that the no cost license is available. Next
question is how much to put in the comment.
As a draft :
"Apache votes YES with the condition that the spec lead will include
the corrected TCK license - as found at http://www2.osgi.org/JSR291/
TCK - in the final TCK package. In addition, the ASF would like to
thank the spec lead for the clear, simple and JSPA-compliant spec and
TCK licenses, and strongly urge other spec leads to follow this
example. In order to deliver on the promise that the JCP creates
"open specifications", the ASF requires spec leads to commit to
specification and TCK licenses that, at the minimum, have no "Field
of Use" or other restrictions that limit or encumber open source and
free software implementations of Java specifications."
Anything else?
geir
Re: JSR291 OSGi - request for comment on final vote
Posted by "Roy T. Fielding" <fi...@gbiv.com>.
On May 21, 2007, at 3:29 AM, Geir Magnusson Jr. wrote:
> I don't see how these two are in any way connected. I'm confused.
> My comment above was just noting that the TCK license in the
> package accidentally failed to note that the TCK would be provided
> at zero dollar cost to non-profits, etc. However the filing by
> IBM for this final draft does note that, and I consider the license
> in the TCK package just an oversight on IBMs part.
Right, but licenses are critical and even an oversight has to be
corrected before we can vote. Now that the other half of the license
has been posted by OSGi, I suggest we vote YES with a condition that
the final package be updated to include all of the terms at
http://www2.osgi.org/JSR291/TCK
....Roy
Re: JSR291 OSGi - request for comment on final vote
Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 21, 2007, at 2:04 AM, William A. Rowe, Jr. wrote:
> Geir Magnusson Jr. wrote:
>>
>> In the filing that IBM made to the JCP, IBM is clear that the TCK
>> will
>> be made available at no cost (aka "free") to qualified individuals,
>> not-for-profits and academics, as required by the JSPA. The text I
>> posted was the text inside the TCK package, and I suspect this is
>> just a
>> simple oversight. I take their statement on the JSR filing, along
>> with
>> the fact that it's required by the JSPA, as the binding thing we
>> should
>> pay attention to, and expect that they'll correct the LICENSE in the
>> package at some point.
>
> This differs from Sun's claim that we are free at any point to
> release Harmony,
> and yet we have no adaquately clear TCK license from Sun to that
> effect
> - how, exactly?
I don't see how these two are in any way connected. I'm confused.
My comment above was just noting that the TCK license in the package
accidentally failed to note that the TCK would be provided at zero
dollar cost to non-profits, etc. However the filing by IBM for this
final draft does note that, and I consider the license in the TCK
package just an oversight on IBMs part.
Re the Java SE TCK license, Sun will provide it to us for zero dollar
cost. That's not a problem. The problem is that the license
includes unacceptable conditions in that we couldn't release software
conforming to those conditions while also under an open source license.
Meanwhile, back to OSGI
geir
Re: JSR291 OSGi - request for comment on final vote
Posted by "William A. Rowe, Jr." <wr...@rowe-clan.net>.
Geir Magnusson Jr. wrote:
>
> In the filing that IBM made to the JCP, IBM is clear that the TCK will
> be made available at no cost (aka "free") to qualified individuals,
> not-for-profits and academics, as required by the JSPA. The text I
> posted was the text inside the TCK package, and I suspect this is just a
> simple oversight. I take their statement on the JSR filing, along with
> the fact that it's required by the JSPA, as the binding thing we should
> pay attention to, and expect that they'll correct the LICENSE in the
> package at some point.
This differs from Sun's claim that we are free at any point to release Harmony,
and yet we have no adaquately clear TCK license from Sun to that effect
- how, exactly?
Bill
Re: JSR291 OSGi - request for comment on final vote
Posted by Sam Ruby <ru...@intertwingly.net>.
On 5/21/07, Geir Magnusson Jr. <ge...@apache.org> wrote:
>
> On May 21, 2007, at 9:56 AM, Sam Ruby wrote:
>
> > Let's make it simple. Any vote gets a "NO!" until we actually *see*
> > the license.
>
> How can you trust that will be the license at some time in the future?
I acknowledge that potential for infinite regress. But that potential
is merely theoretical. The fact that a JCP spec lead has attempted to
provide us with an unacceptable license is not theoretical, and
requesting actual licenses (as opposed to statements of intent)
earlier in the process is a prudent response to this situation.
> Glyn has posted the link to the license (in this thread) :
>
> http://www2.osgi.org/JSR291/TCK#nonprofitlicense
>
> Does that satisfy your concern?
It is a license. We have seen it. Unless somebody identifies a
specific concern with that specific license, yes.
I will also note that having the spec lead directly participate in the
open discussion and respond so quickly is a great precedent to have at
this time.
> geir
- Sam Ruby
Re: JSR291 OSGi - request for comment on final vote
Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 21, 2007, at 9:56 AM, Sam Ruby wrote:
> On 5/20/07, Geir Magnusson Jr. <ge...@apache.org> wrote:
>> BTW - I forgot to mention...
>>
>> In the filing that IBM made to the JCP, IBM is clear that the TCK
>> will be made available at no cost (aka "free") to qualified
>> individuals, not-for-profits and academics, as required by the JSPA.
>
> The problem with that statement is that that it merely is our
> interpretation that the JSP requires such.
That's true. The JSPA says in section 5F :
III. With respect to the TCK when licensed separately from the RI,
for a Qualified Not-for-
Profit or Qualified Individual there shall be no charge for the
license offered by the Spec Lead.
My interpretation is that there "shall be no charge", but given our
current experience with Sun, it could mean anything, like requiring
one to stuff a banana into a sinus cavity before being granted the
TCK. Now, in retrospect, this would be far more pleasant than our
current situation with Sun.... I can see the headlines now in SD
Times "Harmony Lead Offers to Stuff Banana Up Nose - Sun Limits
Banana to General Purposes Noses"
> As long as one party sees
> fit to violate that interpretation -- either directly or indirectly by
> means such as prolonged foot dragging -- and as long as the
> interpretation hasn't been tested in court, then we have to treat it
> as merely our interpretation.
Yep
>
> Furthermore, as long as the situation is that we accept statement X on
> face value from spec lead Y, but not statement X' from spec lead Z,
> the situation remains murky, and subject to gamesmanship (example: a
> response from spec lead Z of, "well, what statement *would* you
> accept?")
>
> Let's make it simple. Any vote gets a "NO!" until we actually *see*
> the license.
How can you trust that will be the license at some time in the future?
Glyn has posted the link to the license (in this thread) :
http://www2.osgi.org/JSR291/TCK#nonprofitlicense
Does that satisfy your concern?
geir
Re: JSR291 OSGi - request for comment on final vote
Posted by Sam Ruby <ru...@apache.org>.
On 5/20/07, Geir Magnusson Jr. <ge...@apache.org> wrote:
> BTW - I forgot to mention...
>
> In the filing that IBM made to the JCP, IBM is clear that the TCK
> will be made available at no cost (aka "free") to qualified
> individuals, not-for-profits and academics, as required by the JSPA.
The problem with that statement is that that it merely is our
interpretation that the JSP requires such. As long as one party sees
fit to violate that interpretation -- either directly or indirectly by
means such as prolonged foot dragging -- and as long as the
interpretation hasn't been tested in court, then we have to treat it
as merely our interpretation.
Furthermore, as long as the situation is that we accept statement X on
face value from spec lead Y, but not statement X' from spec lead Z,
the situation remains murky, and subject to gamesmanship (example: a
response from spec lead Z of, "well, what statement *would* you
accept?")
Let's make it simple. Any vote gets a "NO!" until we actually *see*
the license.
- Sam Ruby
Re: JSR291 OSGi - request for comment on final vote
Posted by "Geir Magnusson Jr." <ge...@apache.org>.
BTW - I forgot to mention...
In the filing that IBM made to the JCP, IBM is clear that the TCK
will be made available at no cost (aka "free") to qualified
individuals, not-for-profits and academics, as required by the JSPA.
The text I posted was the text inside the TCK package, and I suspect
this is just a simple oversight. I take their statement on the JSR
filing, along with the fact that it's required by the JSPA, as the
binding thing we should pay attention to, and expect that they'll
correct the LICENSE in the package at some point.
geir
On May 20, 2007, at 4:09 PM, Geir Magnusson Jr. wrote:
> It's time for the final vote for the OSGi spec. Our concerns
> historically have been about IP issues in spec licensing and TCK
> licensing. The two licenses are, to me anyway, rather clear and
> straightforward. I have permission to post the two licenses here
> for discussion. In addition, OSGI has a page on non-assertion of
> patents http://www.osgi.org/products/non-assert.asp.
>
> Given the that pledge, and the licenses below, does anyone object
> to Apache voting yes on this JSR?
>
>
> 1) Spec license :
>
> IBM Corporation, the specification leader (the “Spec Lead”) for the
> JSR-291 Dynamic Component Support for Java™ SE, Version: 1.0
> specification (the “Specification”), hereby grants permission to
> utilize the Specification under the terms of this license and the
> OSGi Specification License at http://www2.osgi.org/Main/
> OSGiSpecificationLicense, provided that you include the following
> on ALL copies, or portions thereof, that you make:
>
> 1. A link or URL to the Specification at this location: http://
> www2.osgi.org/JSR291/Spec
> 2. The copyright notice(s) as shown in the Specification.
>
> To encourage implementations of this Specification, the Spec Lead
> has provided a binding perpetual covenant not to assert necessary
> patent claims against implementations of this Specification. For
> more information, please see http://www.ibm.com/us/download/
> IBM_OSGi.pdf.
>
> THE SPECIFICATION IS PROVIDED "AS IS," AND THE SPEC LEAD AND ANY
> OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
> IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
> INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE
> SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH
> CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS,
> TRADEMARKS OR OTHER RIGHTS. THE SPEC LEAD AND ANY OTHER AUTHORS
> WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
> ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE
> SPECIFICATION OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS
> THEREOF.
>
> The name and trademarks of the Spec Lead or any other Authors may
> NOT be used in any manner, including advertising or publicity
> pertaining to the Specification or its contents without specific,
> written prior permission. Title to copyright in the Specification
> will at all times remain with the Authors.
>
> No other rights are granted by implication, estoppel or otherwise.
>
>
> 2) the TCK license :
>
> OSGi Compliance Tests License, V 1.0 released as the TCK for JSR 291
>
> This Compliance Tests License Agreement ("Agreement") is entered
> into on
> the Effective Date by and between
>
> _____________________________________________________ (insert licensee
> details) ("Licensee"), and
>
> The OSGi Alliance, Inc., Bishop Ranch 6, 2400 Camino Ramon, Suite
> 375, San
> Ramon, CA 94583, USA, ("OSGi").
>
> Licensee and OSGi shall be referred to herein as Party or Parties.
>
> "Specification" shall be those portions of the OSGi adopted
> specifications
> or standards which are referenced by the relevant Java Specification
> Request ("JSR") final output as being required for compliance with
> such
> JSR, as such may be updated from time to time by the JSR Specification
> Lead.
>
> "Compliance Tests" shall be those OSGi Compliance Tests (including
> software and documentation) that test compliance with the
> Specification as
> identified by the final output of the relevant JSR, as such may be
> updated
> from time to time by the JSR Specification Lead.
>
> License Grant
>
> You are hereby granted a non-transferable and non-sublicenseable,
> nonexclusive, world-wide license to use the Compliance Tests solely
> for
> the purpose of testing compliance of any software with the
> Specification.
> You may not modify or create derivative works of any of the Compliance
> Tests except as is necessary to fulfill the purpose described
> above. You
> may not distribute copies of the Compliance Tests to other parties
> for any
> purpose, including for the purpose of allowing such other party to
> use the
> Compliance Tests, provided however that any license granted hereunder
> shall cover your subcontractors when performing work for you. You
> shall
> be fully responsible and liable for your subcontractors' compliance
> with
> the terms and conditions of this Agreement. You may not modify or
> incorporate the Compliance Tests into any other software.
>
> Charges and Term
> The cost for this license is $50,000 USD for a term of 3 years from
> the
> receipt of payment, payable against an invoice to be issued by OSGi.
>
> Testing on behalf of Third Parties
> During the license term the licensee may use the Compliance Tests to
> certify compatibility of Third Party implementations of the
> Specification.
> For each Third Party the licensee tests on behalf of, an additional
> $50,000 USD payment must be made to the OSGi as described in the terms
> above. The Licensee assumes responsibility to ensure that the
> Third Party
> implementation meets the compatibility requirements.
>
> No Warranties
>
> The Compliance Tests contained herein is provided on an "AS IS"
> basis and
> to the maximum extent permitted by applicable law, this material is
> provided AS IS AND WITH ALL FAULTS, and the developers of this
> material
> hereby disclaim all other warranties and conditions, either express,
> implied or statutory, including, but not limited to, any (if any)
> implied
> warranties, duties or conditions of merchantability, of fitness for a
> particular purpose, of accuracy or completeness of responses, of
> results,
> of workmanlike effort, of lack of viruses, and of lack of negligence.
> ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
> QUIET
> POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
> REGARD
> TO THIS MATERIAL.
>
> Limitation of Liability
>
> IN NO EVENT WILL THE OSGi ALLIANCE, ITS MEMBERS, ANY AUTHOR,
> DEVELOPER,
> LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL BE LIABLE TO ANY OTHER
> PARTY FOR
> THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS,
> LOSS OF
> USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT,
> PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT,
> WARRANTY, OR
> OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT
> RELATING
> TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE
> POSSIBILITY OF SUCH DAMAGES.
>
> Covenant Not to Assert
>
> As a material condition to this license you hereby agree, to the
> extent
> that you have any patents which cover the use of the Compliance
> Tests in
> any manner permitted under this License, not to assert, for the
> licensed
> use of the Compliance Tests, any such patents against the
> developers or
> distributors of the Compliance Tests, or the OSGi Alliance, its
> members,
> or any other parties who have entered into a license substantially
> similar
> to this Agreement.
>
>
> Compatibility Claims
>
> You may not claim that any version or release of software passes the
> Compliance Tests, and therefore is compatible with the Specification,
> unless it is capable of passing the most current version of the
> Compliance
> Tests available 1 year prior to the date of the first shipment of the
> software to customers. In addition, you may not claim that any
> version or
> release of software is compatible with any specific OSGi Specification
> unless such Software or derivative works is capable of passing the
> OSGi's
> Specification compatibility testing requirements, as defined by the
> OSGi
> Alliance. You agree to make information available regarding the
> version
> of the Compliance Tests passed, upon request. You agree that any
> claims
> regarding compliance with the Specification will be factually
> accurate and
> will not be misleading.
>
> General
>
> No other rights are granted by implication, estoppel or otherwise.
>
> If any provision of this Agreement is invalid or unenforceable under
> applicable law, it shall not affect the validity or enforceability
> of the
> remainder of the terms of this Agreement, and without further
> action by
> the parties hereto, such provision shall be reformed to the minimum
> extent
> necessary to make such provision valid and enforceable.
>
> Your rights under this Agreement shall terminate if you fail to comply
> with any of the material terms or conditions of this Agreement and
> do not
> cure such failure in a reasonable period of time after becoming
> aware of
> such noncompliance. If your rights under this Agreement terminate,
> you
> agree to cease use of the Compliance Tests immediately and cease
> making
> any claims of compatibility regarding the Specification based on
> the use
> of the Compliance Tests.
>
> This Agreement is governed by the laws of the State of California
> and the
> intellectual property laws of the United States of America. No
> party to
> this Agreement will bring a legal action under this Agreement more
> than
> one year after the cause of action arose. Each party waives its
> rights to
> a jury trial in any resulting litigation.
>