Java DTV version 1.3

JAVA^TM DTV SPECIFICATION LICENSE

Specification: Java^TM DTV Specification
Version:       1.3
Release:       November 18, 2009

Copyright 2008-2009 Sun Microsystems, Inc.
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS JAVA^TM DTV 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.