BEA SYSTEMS, INC. ("BEA") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("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 AND THE DOWNLOADING PROCESS WILL NOT CONTINUE. Streaming API for XML (JSR-173) for JavaTM Specification ("Specification") Version: 1.0 Status: FCS Release: [insert date] Copyright 2002, 2003 BEA Systems, Inc. 2315 North First Street, San Jose CA, 95131 All rights reserved. NOTICE; LIMITED LICENSE GRANTS 1. License for Evaluation Purposes. BEA hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under BEA's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation, which shall be understood to include 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. 2. License for the Distribution of Compliant Implementations. BEA also grants 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 subsection 3 below, patent rights it may have covering the Specification to create and/or distribute an implementation of the Specification that: (a) fully implements the Specification including all its required interfaces and functionality, and (b) passes the Technology Compatibility Kit for such Specification ("Compliant Implementation"). 3. Reciprocity Concerning Patent Licenses. a. With respect to any patent claims covered by the license granted under subparagraph 2 above that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on 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 a Compliant Implementation. b With respect to any patent claims owned by BEA and covered by the license granted under subparagraph 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 BEA that it has, in the course of performing its responsibilities as the Specification Lead, induced any other entity to infringe Your patent rights. c Also with respect to any patent claims owned by BEA and covered by the license granted under subparagraph, 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 BEA that its making, having made, using, offering to sell, selling or importing a Compliant Implementation infringes Your patent rights. 4. Definitions. For the purposes of this Agreement: "Technology Compatibility Kit" or "TCK" shall mean the test suite and accompanying documentation provided by BEA which corresponds to the particular version of the Specification being tested. BEA shall have the right to terminate this Agreement immediately notice if you fail to comply with any material provision of or act outside the scope of the licenses granted above. TRADEMARKS No right, title, or interest in or to any trademarks, service marks, or trade names of BEA or BEA's licensors is granted hereunder. Java is a registered trademark of Sun Microsystems, Inc. in the United States and other countries. DISCLAIMER OF WARRANTIES THE SPECIFICATION IS PROVIDED "AS IS". BEA 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. THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY. BEA MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BEA OR ITS BEAS 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 TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF BEA AND/OR ITS BEAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You will indemnify, hold harmless, and defend BEA and its licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your application or applet written to and/or Your implementation of the Specification; 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 You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your use of the Specification ("Feedback"). To the extent that you provide BEA with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant BEA a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable copyright license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof.