JAVA  DTV SPECIFICATION LICENSE

SUN  MICROSYSTEMS, INC. (“SUN”) IS WILLING TO LICENSE THIS JAVATM  DTV VERSION 1.0 SPECIFICATION (“SPECIFICATION”) TO YOU ONLY UPON  THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS  AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT  CAREFULLY. BY DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS  AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND  BY IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS  PAGE OR, IF YOU RECEIVED THE SPECIFICATION AS A “.zip” FILE THEN  DELETE THE FILE AND DO NOT MAKE USE OF THE SPECIFICATION.

LIMITED  LICENSE GRANTS

1. License  for Evaluation and Testing Purposes.  Sun hereby grants you a fully-paid, non-exclusive, non-transferable,  worldwide, limited license (without the right to sublicense) under  Sun´s applicable intellectual property rights to view, download, use  and reproduce the Specification for the purpose of internal  evaluation and testing.  This includes: (a) developing applications  intended to run on an implementation of the Specification, provided  that such applications do not themselves implement any portion(s) of  the Specification; and (b) discussing the Specification with any  third party; and (c) excerpting brief portions of the Specification  in oral or written communications which discuss the Specification  provided that such excerpts do not in the aggregate constitute a  significant portion of the Specification.

2. License  for the Distribution of Compliant Implementations.  Sun hereby grants to you a perpetual, non-exclusive,  non-transferable, worldwide, fully paid-up, royalty free, limited  license (without the right to sublicense) under any applicable  copyrights or, subject to the provisions of Paragraph 4 below, patent  rights Sun may have covering the Specification to create and/or  distribute your implementation of the Specification, provided that  such implementation: (a) fully implements the Specification including  all its required interfaces and functionality; and (b) does not  modify, subset, superset or otherwise extend the Sun Name Space, or  include any public or protected packages, classes, Java interfaces,  fields or methods within the Sun Name Space other than those  required/authorized by the Specification ("Compliant  Implementation").  In addition, the foregoing license is  expressly conditioned on your not acting outside the license´s scope.   No license is granted hereunder for any other purpose (including,  for example, modifying the Specification, other than to the extent of  your fair use rights, or distributing the Specification to third  parties).  Also, no right, title, or interest in or to any  trademarks, service marks, or trade names of Sun or Sun´s licensors  is granted hereunder.  Java, and Java-related logos, marks and names  are trademarks or registered trademarks of Sun Microsystems, Inc. in  the U.S. and other countries. For the purposes of this Paragraph 2,  "Sun  Name Space"  means the public class or interface declarations whose names begin  with "java", "javax", "com.sun"  or  their equivalents in any subsequent naming convention adopted by Sun   through the Java Community Process, or any recognized successors or  replacements thereof.

3. Pass-through  Conditions.  You need not include limitations (a)-(b) from Paragraph 2 above or  any other particular "pass through" requirements in any  license you grant concerning the use of your  implementation of the  Specification or products derived from such implementation.  However,  except with respect to Non-Java DTV Implementations, (and products  derived from them) that satisfy limitations (a)-(b) from Paragraph 2  above, you may neither:  (a) grant or otherwise pass through to your  licensees any licenses under Sun´s  applicable intellectual property  rights; nor (b) authorize your licensees to make any claims  concerning their implementation´s compliance with the Specification  in question. For purposes of this Paragraph 3, “Non-Java  DTV Implementation”  means an implementation of the Java DTV Specification developed by  SBTVD but only if such Non-Java DTV Implementation is outside of the  Sun Name Space.

4. Reciprocity  Concerning Patent Licenses.

(i).   With respect to any patent claims covered by the license granted  under Paragraph 2 above that would be infringed by all technically  feasible implementations of the Specification, such license is  conditioned upon your offering on a royalty-free, mutual non-assert,  fair, reasonable and non-discriminatory terms, to any party seeking  it from you, a perpetual, non-exclusive, non-transferable, worldwide  license under your patent rights which are or would be infringed by  all technically feasible implementations of the Specification to  develop, distribute and use an implementation that meets the  requirements set forth in (a) through (b) of Paragraph 2 above.

(ii)   With respect to any patent claims owned by Sun and covered by the  license granted under Paragraph 2, whether or not their infringement  can be avoided in a technically feasible manner when implementing the  Specification, such license shall terminate with respect to such  claims if you initiate a claim against Sun that it has, in the course  of performing its responsibilities as to the Specification , induced  any other entity to infringe your patent rights.

(iii)   Also with respect to any patent claims owned by Sun and covered by  the license granted under Paragraph 2 above, where the infringement  of such claims can be avoided in a technically feasible manner when  implementing the Specification such license, with respect to such  claims, shall terminate if you initiate a claim against Sun that its  making, having made, using, offering to sell, selling or importing a  Compliant Implementation infringes your patent rights.

DISCLAIMER  OF WARRANTIES

THE  SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO  REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING  BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF  ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE  CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE.  This  document does not represent any commitment to release or implement  any portion of the Specification in any product. In addition, the  Specification could include technical inaccuracies or typographical  errors.

LIMITATION  OF LIABILITY

TO  THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS  LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION,  LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT,  CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND  REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN  ANY WAY TO YOUR HAVING, IMPELEMENTING OR OTHERWISE USING USING  THE  SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES.

You  will indemnify, hold harmless, and defend Sun and its licensors from  any claims arising or resulting from: (i) your unauthorized use of  the Specification; (ii) the use or distribution of your Java  application, applet and/or implementation; and/or (iii) any claims  that later versions or releases of any Specification furnished to you  are incompatible with the Specification provided to you under this  license.

RESTRICTED  RIGHTS LEGEND

U.S.  Government: If this Specification is being acquired by or on behalf  of the U.S. Government or by a U.S. Government prime contractor or  subcontractor (at any tier), then the Government´s rights in the  Software and accompanying documentation shall be only as set forth in  this license; this is in accordance with 48 C.F.R. 227.7201 through  227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48  C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

REPORT

If  you provide Sun with any comments or suggestions concerning the  Specification ("Feedback"), you hereby: (i) agree that such  Feedback is provided on a non-proprietary and non-confidential basis,  and (ii) grant Sun a perpetual, non-exclusive, worldwide, fully  paid-up, irrevocable license, with the right to sublicense through  multiple levels of sublicensees, to incorporate, disclose, and use  without limitation the Feedback for any purpose.

GENERAL  TERMS

Any  action related to this Agreement will be governed by California law  and controlling U.S. federal law. The U.N. Convention for the  International Sale of Goods and the choice of law rules of any  jurisdiction will not apply.

The  Specification is subject to U.S. export control laws and may be  subject to export or import regulations in other countries. Licensee  agrees to comply strictly with all such laws and regulations and  acknowledges that it has the responsibility to obtain such licenses  to export, re-export or import as may be required after delivery to  Licensee.

This  Agreement is the parties´ entire agreement relating to its subject  matter. It supersedes all prior or contemporaneous oral or written  communications, proposals, conditions, representations and warranties  and prevails over any conflicting or additional terms of any quote,  order,  acknowledgment, or other communication between the parties  relating to its subject matter during the term of this Agreement. No  modification to this Agreement will be binding, unless in writing and  signed by an authorized representative of each party.

This  Agreement will terminate immediately without notice from Sun if you  breach the Agreement or act outside the scope of the licenses granted  above. 

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