saxon-xqj – license

Saxon-HE includes a separate JAR file, saxon9-xqj.jar, which contains Saxon's support for the XQJ interface, a standard API for access to XQuery engines from Java. In previous Saxon releases this was made available as part of the main JAR file. It has been decoupled because it has been pointed out that the license under which Oracle distribute XQJ is not a pure open source license under the definition used by the Open Source Initiative: specifically, it does not allow modifications, and it does not allow redistribution except as part of a product that satisfies all the compatibility tests. Saxon satisfies these conditions, but some users are only prepared to use code that conforms to OSI-approved licenses. If you fall into this category, please delete the saxon9-xqj.jar file. (In Saxon-PE and Saxon-EE, the XQJ components are delivered as part of the main Saxon JAR file.)







Specification License

Oracle USA (the ?Spec Lead?) for the XQuery API for Java
specification (the ?Specification?) hereby grant a
perpetual, non-exclusive, worldwide, fully paid-up,
royalty-free, irrevocable (except as explicitly se t
forth below) license to copy and display the
Specification, in any medium without fee or royalty,
provided that you include the following on ALL copies,
or portions thereof, that you make:



1. A link or URL to the Specifi cation at this
location:
http://jcp.org/aboutJava/communityprocess/pfd/jsr225/in
dex.html.

2. The copyright notice as shown herein.

In addition, to the extent that an implementation of
the Specification would be considered a derivative
work under applicable law requiring a license grant
from the holder of the copyright in the Specification,
the Spec Lead grants a copyright license solely for
the purpose of making and/or distributing an
implementation of th e Specification that: (a) except
for the RI code licensed from Oracle under the RI
License which is attached hereto as Exhibit B, does
not include or otherwise make any use of the RI; (b)
fully implements the Specification including all of
its required interfaces and functionality; (c) does
not modify, subset, superset or otherwise extend those
public class or interface declarations whose names
begin with ?java;? and (d) passes the TCK.



The Spec Lead als o agrees, upon request, to grant a
perpetual, non-exclusive, worldwide, non
sub-licensable, non-transferable, royalty-free fully
paid-up license, for the sole purposes of making,
having made, using, selling and offering for sale,
imple mentations of the Specification that meet the
requirements of (a) - (d) above, under those
respective patent claims that they own, or have the
authority to license, for which there is no
technically feasible way of avoiding infringement in
the course of implementing the Specification (?Necessary
Patent Claims?).



The licenses and agreement to license set forth above
are conditional upon licensee?s offering a license, on
fair, reasonable and non-discriminatory terms to
Necessary Patent Claims that they own or have the
authority to license to make, have made, use, sell and
offer for sale, implementations of the Specification
that meet the requirements of (a) - (d) above, to all
other license es to the Specification who agree to
offer a similar license and not initiating any claim
that either Specification Lead, has, in the course of
performing its responsibilities as the Specification
Lead, induced any other entity to infringe the
licensee?s patent rights.



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 MERCHANTA BILITY, 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 PATENTS (INCLUDING, WITHOUT
L IMITATION, PATENTS OF THE SPECIFICATION LEADS),
COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE SPEC LEAD
AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL 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 ot herwise.



Exhibit B

Reference Implementation License



1. Oracle USA (the ?Spec Lead?) for the XQuery API
for Java Specification (the ?Specification?) hereby grants
a perpetual, non-exclusive, worldwide, fully paid-up,
royalty-free, irrevocable (except as expressly set
forth below) copyright license to use, modify and
distribute the Reference Implementation (?RI?) in either
source or binary form, with or without modification;
provided that the following conditions are met:



A. Redistributions of the source code for
the RI must include the following copyright notice and
disclaimer of warranties together with this license.



B . Redistributions in binary form must
reproduce the following copyright notice and
disclaimer of warranties and this license in the
documentation and/or other materials provided with the
distribution.



C. Modifie d code, whether distributed in
source or binary form, is clearly identified as such.



Copyright � 2003. 2007 Oracle



THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED,
IMPLIED OR STAUTORY WARRANTIES, INCLUDING, B UT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT
ARE DISCLAIMED. IN NO EVENT SHALL ORACLE OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEM PLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY
OU T OF THE USE OF THIS SOFTWARE, EVEN IF ORACLE IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



2. In addition, Oracle USA hereby grants a
perpetual, non-exclusive, worldwide, fully paid-up,
royalty-free, irrevocable (excep t as expressly set
forth below) license under any patent claims
licensable by Oracle for which there is no technically
feasible way of avoiding infringement in the course of
implementing the Specification or in the use of RI
code as or iginally distributed by Oracle (the
"Unmodified RI Code") or a compiled version thereof,
the right to make, have made, use, offer to sell, sell
or import:

A. the Unmodified RI Code, or

B. any derivative thereof solely to
the extent such derivative:



(a) is used and distributed as
part of a complete binary implementation that fully
implements the Specification, including all its
required i nterfaces and functionality;

(b) does not modify, subset,
superset or otherwise extend the Licensor Name Space,
or include any public or protected packages, classes,
Java interfaces, fields or methods within the Licensor
Name Space other than those required/authorized by the
Specification(s); and

(c) passes the TCK for the
Specification.



3. The licenses granted herein are conditional
upon lice nsee's not initiating a claim against Oracle
or any licensee under this Agreement concerning any
patent claims licensable by such licensee for which
there is no technically feasible way of avoiding
infringement in the course of implementin g the
Specification or in the use of Unmodified RI Code.



4. Licensee may license derivatives works of
the RI under any license of your choosing that is not
inconsistent with the terms of this license. However,
unle ss the derivative works comply with the
requirements of 2B above, licensee may neither: (i)
grant or otherwise pass through to its sublicensees
any licensable copyrights and patent rights of the
Oracle as Spec Lead; nor (ii) authorize its
sublicensees to make any claims concerning their
implementation?s compliance with the Specification.





Exhibit C

Technology Compatibility Kit License Agreement


By downloading or using this software or acco mpanying
documentation you agree to the following terms and
conditions.
License Grant. You are hereby granted a personal,
non-transferable and non-sublicenseable, nonexclusive,
world-wide, royalty free license to use the Technology
Compatibility Kit (including software and
documentation) (the ?TCK?) solely for the purpose of
testing compliance with the relevant portions of
specifications or standards to which it applies (the
?Specification?). You may not modify or create derivative
works of any of the TCK except as is necessary to
fulfill the purpose described above. You may not
distribute copies of the TCK to other parties for any
purpose, including for the purpose of allowing such
other party to use the TCK. Nor may you modify or
incorporate the TCK into any other software.

No Warranties. The TCK contained herein is provided
on an "AS IS" basis and to the maximum extent
permitted by applicable law, this material is provid ed
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 cond itions 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, < br>QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS
MATERIAL.



Limitation of Liability. IN NO EVENT WILL ANY AUTHOR,
DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL < br>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 TCK in any
manner permitted under this License, not to assert any
such patents against the developers or distributors of
the TCK or an y other parties who have entered into a
license substantially similar to this License for the
licensed use of the TCK.

Reciprocity. You may have, or may have in the future,
the ability to license specifications and/or test
suites d eveloped or distributed pursuant to the Java
Community Process ("Java Materials"). You acknowledge
that under this license you are receiving the TCK
under reasonable royalty-free terms. While you are
not obligated to make Java Materials available, if you
do so and do not license them under reasonable
royalty-free terms, the licensor reserves the right to
revoke this license upon reasonable notice. In the
event this occurs, the licensor will make available to
you a su bstitute license under commercial terms,
including possibly royalties and other restrictions.
For the purpose of this paragraph, terms are not
reasonable terms if they are more restrictive than
this license or if they discriminate against any
individual or group of JCP members or against
implementers of independent implementations or open
source implementations

Compatibility Claims. You may not claim that any
version or release of software passes the TCK, and
t herefore is compatible with the Specification, unless
it is capable of passing the most current version of
the TCK available 120 days prior to the date of its
first shipment to customers. You will make available
information regarding the version of the TCK 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 fu rther
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 TCK immediately and cease making any claims of
compatibility regarding the Specification based on the
use of the TCK.



This Agreement is governed by the laws of the State of
California and the intellectual property laws of the
United States of America.