[For -legal people, the license is attached.] On Wed, 2006-05-17 at 11:01 +0200, Michael Meskes wrote: > On Wed, May 17, 2006 at 08:20:14AM +0200, Jeroen van Wolffelaar wrote: > > Official packages of Sun Java are now available from the non-free > > section of Debian unstable, thanks to Sun releasing[11 Java under a new > > license: the Operating System Distributor License for Java (DLJ)[2][3]. > > This license, while still non-free, allows the Sun Java Runtime > > Environment (JRE) or Java Development Kit (JDK) to be distributed by > > Debian, with our own packaging. > > Could someone please explain to me why paragraph 2(f) does not pose a > problem? I couldn't find ANY discussion about the license on Debian legal > which surprises me a little bit, but then maybe I just missed the > relevant parts of the license. Anyway, as a non-lawyer I'm surprised > that we seem to accept that we have to "defend and indemnify Sun". Also, section 4 poses a major issue. If, for any reason, the Linux kernel doesn't do something that Java requires, then we are obligated to either fix it or inform everyone who has acquired Java from us. Section 10 is not possible with our infrastructure. The ftp-master scripts merely remove the package from the tag database, not the archive (at least until there are no dependencies), and not from all of our mirrors. Section 2(b) prohibits allowing people to develop software with Java that is to be run on another system. Section 2(c) prohibits us from using the software in conjunction with C, C++, Perl, Python, or *any reasonable Turing-complete programming language*. Section 12 requires that this software be in non-US/non-free. It is not, which is not only a violation of the license, but a violation of United States law. This conflicts with other project policies and exposes Debian/SPI to major legal liabilities. I think that this should be removed from the archive as soon as possible, preferably before the next mirror pulse.
Operating System Distributor License for Java version 1.1
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA PLATFORM
STANDARD EDITION DEVELOPER KIT ("JDK" - THE "SOFTWARE") TO YOU ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
LICENSE AGREEMENT (THE "AGREEMENT").� PLEASE READ THE AGREEMENT
CAREFULLY.� BY INSTALLING, USING, OR DISTRIBUTING THIS SOFTWARE, YOU
ACCEPT ALL OF THE TERMS OF THE AGREEMENT.
1. DEFINITIONS. "Software" means the code identified above in binary
form, any other machine readable materials including, but not
limited to, libraries, source files, header files, and data files),
any updates or error corrections provided by Sun, and any user
manuals, programming guides and other documentation provided to you
by Sun under this Agreement, and any subsequent versions that Sun
makes available to you hereunder. "Operating System" means any
version of the Linux or OpenSolaris operating systems that manages
the hardware resources of a general purpose desktop or server
computer and shares these resources with various software programs
that run on top of it. "Programs" means Java technology applets and
applications intended to run on the Java Platform Standard Edition
(Java SE platform) platform on Java-enabled general purpose desktop
computers and servers.
2. License Grant. Subject to the terms and conditions of this
Agreement, as well as the restrictions and exceptions set forth in
the Software README file, Sun grants you a non-exclusive,
non-transferable, royalty-free limited license to reproduce and use
the Software internally, complete and unmodified, for the sole
purposes of running Programs and designing, developing and testing
Programs. Sun also grants you a non-exclusive, non-transferable,
royalty-free limited license to reproduce and distribute the
Software, directly or indirectly through your licensees,
distributors, resellers, or OEMs, electronically or in physical
form or pre-installed with your Operating System on a general
purpose desktop computer or server, provided that: (a) the Software
and any proprietary legends or notices are complete and unmodified;
(b) the Software is distributed with your Operating System, and
such distribution is solely for the purposes of running Programs
under the control of your Operating System and designing,
developing and testing Programs to be run under the control of your
Operating System; (c) you do not combine, configure or distribute
the Software to run in conjunction with any additional software
that implements the same or similar functionality or APIs as the
Software; (d) you do not remove or modify any included license
agreement or impede or prevent it from displaying and requiring
acceptance; (e) you only distribute the Software subject to this
license agreement; and (f) you agree to defend and indemnify Sun
and its licensors from and against any damages, costs, liabilities,
settlement amounts and/or expenses (including attorneys' fees)
incurred in connection with any claim, lawsuit or action by any
third party that arises or results from (i) the use or distribution
of your Operating System, or any part thereof, in any manner, or
(ii) your use or distribution of the Software in violation of the
terms of this Agreement or applicable law. You shall not be
obligated under Section 2(f)(i) if such claim would not have
occurred but for a modification made to your Operating System by
someone not under your direction or control, and you were in
compliance with all other terms of this Agreement. If the Software
README file permits certain files to be replaced or omitted from
your distribution, then any such replacement(s) or omission(s)
shall not be considered a breach of Section 2(a).
3. RESTRICTIONS. Software is copyrighted and title to Software and
all associated intellectual property rights is retained by Sun
and/or its licensors. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer
Software. You may not create, modify, or change the behavior of,
or authorize your licensees, distributors, resellers, OEMs, or end
users (collectively, "Licensees") to create, modify, or change the
behavior of, classes, interfaces, or subpackages that are in any
way identified as "java", "javax", "sun" or similar convention as
specified by Sun in any naming convention designation. You
acknowledge that Licensed Software is not designed or intended for
use in the design, construction, operation or maintenance of any
nuclear facility. Sun Microsystems, Inc. disclaims any express or
implied warranty of fitness for such uses.
4. COMPATIBILITY. If you exercise the license in Section 2, and Sun
or a licensee of the Software (under section 4(b)) notifies you
that there are compatibility issues (as determined by the
applicable Technology Compatibility Kit) caused by the interaction
of the Software with your Operating System, then within ninety
(90) days you must either: (a) modify the Operating System in a
way that resolves the compatibility issue (as determined by Sun)
and make a patch or replacement version available to your
Licensees who have already received the version of your Operating
System that was the subject of the compatibility issue ("Your
Incompatible Operating System"); or (b) cease distributing the
Software and make commercially reasonable attempts to forward the
notification to your Licensees who have already received Your
Incompatible Operating System.
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trademark, service mark, logo or trade name of Sun or its
licensors is granted under this Agreement. You acknowledge and
agree that, as between you and Sun, Sun owns the SUN and JAVA
trademarks and all SUN and JAVA-related trademarks, service marks,
logos and other brand designations ("Sun Marks"), and you agree to
comply with the Sun Trademark and Logo Usage Requirements
currently located at http://www.sun.com/policies/trademarks. Any
use you make of the Sun Marks inures to Sun's benefit.
6. LIMITED WARRANTY. If you received the Software directly from Sun
or its authorized resellers, Sun warrants to you that for a period
of ninety (90) days from delivery to you, the media on which
Software is furnished (if any) will be free of defects in
materials and workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". Your exclusive remedy
and Sun's entire liability under this limited warranty will be
replacement of the Software media. This limited warranty gives
you specific legal rights. You may have others, which vary from
state to state.
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EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO
THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC
ADVANTAGE), NO MATTER WHAT THEORY OF LIABILITY, EVEN IF SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
Sun's liability to you, whether in contract, tort (including
negligence), or otherwise, exceed the amount paid by you for the
Software under this Agreement. The foregoing limitations will
apply even if the above stated warranty fails of its essential
purpose. Some states do not allow the exclusion of incidental or
consequential damages, so some of the terms above may not be
applicable to you.
9. THIRD PARTY CODE. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
conditions of any third party opensource/freeware license
identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer
of warranty and limitation of liability provisions in paragraphs 7
and 8 of this Agreement shall apply to all Software in this
distribution.
10. Termination. This Agreement is effective until it is
terminated. You may terminate this Agreement at any time by
ceasing distribution of the Software. This Agreement will
terminate immediately without notice from Sun if you fail to
comply with any material provision herein. Either party may
terminate this Agreement immediately should any Software become,
or in either party's opinion be likely to become, the subject of a
claim of infringement of any intellectual property right. Upon
termination, you must destroy all copies and cease copying and
distribution of the Software. All of your obligations and any
applicable limitations on your rights and remedies under this
Agreement shall survive termination.
11. SOURCE CODE. Software may contain source code that, unless
expressly licensed for other purposes, is provided solely for
reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for
in this Agreement.
12. Export Regulations. All Software and technical data delivered
under this Agreement are subject to US export control laws and may
be subject to export or import regulations in other countries.
You acknowledge that you have the responsibility to obtain such
licenses to export, re-export, or import as may be required after
delivery to you.
13. U.S. GOVERNMENT RESTRICTED RIGHTS.� If Software 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 Software and accompanying documentation
will be only as set forth in this Agreement; this is in accordance
with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense
(DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
14. MISCELLANEOUS. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply. If any
provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect upon the parties' agreement to
revised terms that most nearly accomplish the same effect. This
Agreement is the entire agreement between you and Sun relating to
its subject matter. It supersedes all prior or contemporaneous
oral or written communications, proposals, 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 of this Agreement will be
binding, unless in writing and signed by an authorized
representative of each party.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,
Santa Clara, California 95054, U.S.A.
DLJ v1.1 27APR2006ANS
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