JSR-94 Specification 

Reference Implementation 

License Agreement 

 

READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR 
USING THE SOFTWARE LICENSED HEREUNDER. BY VIEWING OR USING THE 
SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING 
THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS 
BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO 
NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO 
ORIGINAL CONTRIBUTOR, DEFINED HEREIN. 

 

1.0 DEFINITIONS. 

 

1.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code. 

 

1.2. "Contributor" means BEA and each entity that creates or contributes to the creation of 
Modifications. 

 

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original 
Code and Modifications, in each case including portions thereof and corresponding 
documentation released with the source code. 

 

1.4. "Executable" means Covered Code in any form other than Source Code. 

 

1.5. "FCS" means first commercial shipment of a product. 

 

1.6. "Modifications" means any addition to or deletion from the substance or structure of either the 
Original Code or any previous Modifications. When Covered Code is released as a series of files, 
a Modification is: 

 

(a) Any addition to or deletion from the contents of a file containing Original Code or 
previous Modifications. 

 

(b) Any new file that contains any part of the Original Code or previous Modifications. 

 

1.7. "Original Code" means Source Code of computer software code Reference Implementation. 

 

1.8. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including 
without limitation, method, process, and apparatus claims, in any patent for which the grantor has 
the right to grant a license. 

 

1.9. Reference Implementation means the prototype or proof of concept implementation of the 
JCP Specification developed and made available for license by or on behalf of BEA, but 
excluding the JESS Rules Engine. 

 

1.10. "Source Code" means the preferred form of the Covered Code for making modifications to 
it, including all modules it contains, plus any associated documentation, interface definition files, 
scripts used to control compilation and installation of an Executable, or source code differential 
comparisons against either the Original Code or another well known, available Covered Code of 
the Contributor's choice. 

 


1.11. JCP Specification means the written specification for ______________, Java technology 
developed pursuant to the Java Community Process. 

1.12. "Technology Compatibility Kit" or TCK means the documentation, testing tools and test 
suites associated with the JCP Specification as may be revised by BEA from time to time, that is 
provided so that an implementer of the JCP Specification may determine if its implementation is 
compliant with the JCP Specification. 

 

1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and 
complying with all of the terms of, this Agreement or a future version of this Agreement issued 
under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or 
is under common control with You. For purposes of this definition, "control" means (a) the power, 
direct or indirect, to cause the direction or management of such entity, whether by contract or 
otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or 
beneficial ownership of such entity. 

 

1.14 JESS Rules Engine means a rule engine and scripting environment proprietary to Sandia 
National Laboratories, and made available in Executable form only together with the Original 
Code. Your right to use the JESS Rules Engine is governed solely by the JESS Licenese 
Agreement available from Sandia National Laboratories at this URL: 
http://herzberg.ca.sandia.gov/jess/ A copy of the JESS License Agreement is appended at the 
end of this Agreement. Please contact Sandia National Laboratories directly with any questions 
concerning the JESS Rules Engine or JESS License Agreement. 

 

2.0 SOURCE CODE LICENSE. 

 

2.1. Copyright Grant. Subject to the terms of this Agreement, each Contributor hereby grants 
You a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative 
works of, publicly display, publicly perform, distribute and sublicense the Covered Code of such 
Contributor, if any, and such derivative works, in Source Code and Executable form. 

 

2.2. Patent Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a 
non-exclusive, worldwide, royalty-free patent license under the Patent Claims to make, use, sell, 
offer to sell, import and otherwise transfer the Covered Code prepared and provided by such 
Contributor, if any, in Source Code and Executable form. This patent license shall apply to the 
Covered Code if, at the time a Modification is added by the Contributor, such addition of the 
Modification causes such combination to be covered by the Patent Claims. The patent license 
shall not apply to any other combinations which include the Modification. 

 

2.3. Conditions to Grants. You understand that although each Contributor grants the licenses to 
the Covered Code prepared by it, no assurances are provided by any Contributor that the 
Covered Code does not infringe the patent or other intellectual property rights of any other entity. 
Each Contributor disclaims any liability to You for claims brought by any other entity based on 
infringement of intellectual property rights or otherwise. As a condition to exercising the rights and 
licenses granted hereunder, You hereby assume sole responsibility to secure any other 
intellectual property rights needed, if any. For example, if a third party patent license is required to 
allow You to distribute Covered Code, it is Your responsibility to acquire that license before 
distributing such code. 

 

2.4. Contributors Representation. Each Contributor represents that to its knowledge it has 
sufficient copyright rights in the Covered Code it provides , if any, to grant the copyright license 
set forth in this Agreement. 

 

3.0 DISTRIBUION RESTRICTIONS. 

 

3.1. Application of Agreement. 

 


The Modifications which You create or to which You contribute are governed by the terms of this 
Agreement, including without limitation Section 2.0. The Source Code version of Covered Code 
may be distributed only under the terms of this Agreement or a future version of this Agreement 
released under Section 6.1, and You must include a copy of this Agreement with every copy of 
the Source Code You distribute. You may not offer or impose any terms on any Source Code 
version that alters or restricts the applicable version of this Agreement or the recipients' rights 
hereunder. However, You may include an additional document offering the additional rights 
described in Section 3.3. 

 

3.2. Description of Modifications. 

 

You must cause all Covered Code to which You contribute to contain a file documenting the 
changes You made to create that Covered Code and the date of any change. You must include a 
prominent statement that the Modification is derived, directly or indirectly, from Original Code 
provided by BEA and including the name of BEA in (a) the Source Code, and (b) in any notice in 
an Executable version or related documentation in which You describe the origin or ownership of 
the Covered Code. 

 

3.3. Required Notices. 

 

You must duplicate the following notice in each file of the Source Code: 

 

(c) 2002, 2003 BEA Systems, Inc. All rights Reserved. The contents of this file are subject to 
the BEA _______ Specification Reference Implementation License Agreement (the 
Agreement); you may not use this file except in compliance with the Agreement. A copy of the 
Agreement is available at http://www.bea.com/ 

 

If You created one or more Modification(s) You may add your name as a Contributor to the 
copyright portion of the notice above. You must also duplicate this Agreement in any 
documentation for the Source Code where You describe recipients' rights or ownership rights 
relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, 
indemnity or liability obligations to one or more recipients of Covered Code. However, You may 
do so only on Your own behalf, and not on behalf of BEA or any other Contributor. You must 
make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered 
by You alone, and You hereby agree to indemnify BEA and every other Contributor for any 
liability incurred by BEA or such other Contributor as a result of warranty, support, indemnity or 
liability terms You offer. 

 

3.4. Distribution of Executable Versions. 

 

You may choose to distribute Covered Code in Executable form under its own license agreement, 
provided that: 

 

 (a) You comply with the terms and conditions of this Agreement; and 

 

(b) Your license agreement: (i) effectively disclaims on behalf of all Contributors all 
warranties and conditions, express and implied, including warranties or conditions of title 
and non-infringement, and implied warranties or conditions of merchantability and fitness 
for a particular purpose; (ii) effectively excludes on behalf of all Contributors all liability 
for damages, including direct, indirect, special, incidental and consequential damages, 
such as lost profits; (iii) states that any provisions which differ from this Agreement are 
offered by that Contributor alone and not by any other party; and (iv) states that Source 
Code for the Covered Code is available from such Contributor, and informs licensees 
how to obtain it in a reasonable manner on or through a medium customarily used for 
software exchange. 

 


(c) You do not use any marks, brands or logos associated with the JCP Specification, or 
otherwise promote or market any Covered Code, as being compatible, compliant, 
conformant or otherwise consistent with the JCP Specification unless such product 
passes, in accordance with the documentation (including the TCK Users Guide, if any), 
the most current TCK applicable to the latest version of the JCP Specification and 
available from BEA one hundred twenty (120) days before FCS of such version of the 
product; provided, however, that if You elect to use a version of the TCK also provided by 
BEA that is newer than that which is required under this Section 2.1(b)(v), then You 
agree to pass such TCK. 

 

3.5. Distribution of Source Code Versions. 

 

When You make Covered Code available in Source Code form: 

 

 (a) it must be made available under this Agreement; and 

 

 (b) a copy of this Agreement must be included with each copy of the Covered Code. 

 

You may not remove or alter any copyright notices contained within the Covered Code. Each 
Contributor must identify itself as the originator of its contribution to the Covered Code, if any, in a 
manner that reasonably allows subsequent licensees to identify the originator of each portion of 
the Covered Code. 

 

 

 

4.0 DISCLAIMER OF WARRANTY. 

 

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT 
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, 
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE 
RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. 
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT BEA OR 
ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, 
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED 
HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 

 

5.0 TERMINATION. 

 

5.1. This Agreement and the rights granted hereunder will terminate automatically if You fail to 
comply with terms herein and fail to cure such breach within 30 days of becoming aware of the 
breach. All sublicenses to the Covered Code which are properly granted shall survive any 
termination of this Agreement. Provisions which, by their nature, must remain in effect beyond the 
termination of this Agreement shall survive. 

 

5.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory 
judgment actions) against BEA or a Contributor (BEA or Contributor against whom You file such 
action is referred to as "Participant") alleging that: 

 

(a) such Participant's Covered Code directly or indirectly infringes any patent, then any 
and all rights granted by such Participant to You under Sections 2.0of this Agreement 
shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 
days after receipt of notice You either: (i) agree in writing to pay Participant a mutually 
agreeable reasonable royalty for Your past and future use of Modifications made by such 
Participant, or (ii) withdraw Your litigation claim with respect to the Covered Code against 


such Participant. If within 60 days of notice, a reasonable royalty and payment 
arrangement are not mutually agreed upon in writing by the parties or the litigation claim 
is not withdrawn, the rights granted by Participant to You under Section 2.0 automatically 
terminate at the expiration of the 60 day notice period specified above. 

 

(b) any software, hardware, or device, other than such Participant's Covered Code, 
directly or indirectly infringes any patent, then any rights granted to You by such 
Participant under Sections 2.0 are revoked effective as of the date You first made, used, 
sold, distributed, or had made, Modifications made by that Participant. 

 

5.3. If You assert a patent infringement claim against Participant alleging that such Participant's 
Covered Code directly or indirectly infringes any patent where such claim is resolved (such as by 
license or settlement) prior to the initiation of patent infringement litigation, then the reasonable 
value of the licenses granted by such Participant under Sections 2.0 shall be taken into account 
in determining the amount or value of any payment or license. 

 

5.4. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements 
(excluding distributors and resellers) which have been validly granted by You or any distributor 
hereunder prior to termination shall survive termination. 

 

6.0 LIMITATION OF LIABILITY. 

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOUBEA, ANY OTHER 
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY 
OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, 
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL 
DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE 
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO 
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S 
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME 
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO 
YOU. 

 

7.0 U.S. GOVERNMENT END USERS. 

 

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), 
consisting of "commercial computer software" and "commercial computer software 
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government 
End Users acquire Covered Code with only those rights set forth herein. 

 

8.0 MISCELLANEOUS. 

 

This Agreement represents the complete agreement concerning subject matter hereof. If any 
provision of this Agreement is held to be unenforceable, such provision shall be reformed only to 
the extent necessary to make it enforceable. This Agreement shall be governed by California law 
provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-
of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity 
chartered or registered to do business in the United States of America, any litigation relating to 
this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of 
California, with venue lying in Santa Clara County, California, with the losing party responsible for 
costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The 


application of the United Nations Convention on Contracts for the International Sale of Goods is 
expressly excluded. Any law or regulation which provides that the language of a contract shall be 
construed against the drafter shall not apply to this Agreement. 

 

9.0 RESPONSIBILITY FOR CLAIMS. 

 

As between BEA and the other Contributors, each party is responsible for claims and damages 
arising, directly or indirectly, out of its utilization of rights under this Agreement and You agree to 
work with BEA and Contributors to distribute such responsibility on an equitable basis. Nothing 
herein is intended or shall be deemed to constitute any admission of liability. 

 


Appendix 1 to Reference Implementation License Agreement 

 

 

JESS Rules Engine 

License Agreement 

 

 

LICENSE AGREEMENT 

 Jess, the Java Expert System Shell is Copyright (C) 2002 by Ernest J. Friedman-Hill and 
the Sandia Corporation. 
 Jess software, owned by Sandia National Laboratories, will be made available upon 
request at no cost to U.S. Federal Government Agencies for their own internal use. 
Sandia will also provide Jess upon request to Universities, Academic Institutions, and 
other U.S. National Laboratories, for their own internal research and development, 
through a no cost, restricted R&D license. Any other individual, internal or commercial 
use of Jess requires that you purchase a license. 
 Our commercial license will grant your company, the LICENSEE, a nontransferable, 
nonexclusive right to use Jess Software to create derivative works by embedding Jess 
into your product(s) and to copy and distribute Jess software as embedded into your 
Product(s). Jess commercial licenes can be negotiated as a running royalty or a fully paid 
up-front fee. 
 Jess is also available for the individual user in a low-cost Home Office Edition. 
 Note: Jess is not licensed under the GPL, the LPGL, the BSD license, or any other free 
software or open source license. Redistribution of the Jess source code under any free 
software or open source license is prohibited under this agreement. 
 For appropriate commercial, individual or academic licenses, please contact Craig Smith 
(Telephone 925/294-3358); email: casmith@sandia.gov . 


 





