JAVA INTERNAL USE LICENSE

The Java Internal Use License (JIUL) provides end-users of certain Sun Java technology implementations the ability to fix critical issues in the code that adversely affect their business operations. Changed code is not required by the JIUL to pass the associated Technology Compatibility Kit (TCK) but its use is restricted to the licensee's internal business or organization.

The JIUL is intended for the Java technology implementations released by Sun on the list below. For further information refer to the FAQ below.

1. What is the Java Internal Use License (JIUL or "jewel")?

The JIUL is a license created specifically for businesses and organizations who need to make small changes to a Java technology in order to fix critical bugs and/or address specific performance issues for their internal use.

2. What is "Internal Use?"

"Internal Use" means any commercial or operational use within your business or organization. Customer access to the Java technology & changes via a remote client (such as a web browser) is considered Internal Use as long as the code only exists and operates on a server at your designated site.

3. Who is the JIUL target audience?

This license is designed specifically for businesses and organizations. This includes companies (both large and small) as well as schools, universities, service and political organizations that use Java technology within their organization. By "within an organization" we mean within facilities or systems run by the organization. This does not include distributing the software to organization members.

For example if the Wombat Preservation Society accepts the JIUL, then they can deploy changes to computers at WPS headquarters, but the JIUL does not allows them to distribute the changes to all their millions of WPS members. The WPS will need to obtain a full TCK license if they want to distribute the changes to their members.

4. Why is Sun releasing the JIUL?

The JIUL was designed for businesses and organizations who need the ability when under duress to make small fixes to correct critical flaws in Sun's technology code. Such work would be done on the "honor system" without the requirement to pass the associated TCK and with an expectation that code changes would be made sparingly and with great attention toward maintaining compatibility with the technology specification.

5. How do I become a "JIUL Licensee?"

To agree to the terms of the JIUL, you must agree to the license for one of the supported Java technologies. See the list below.

6. What code is supported under the JIUL?

We are supporting the JIUL for the download packages on the list below. We will continue to add to this list in the future.

7. Does this license require a click-through acceptance of terms?

Yes. For enforceability, Sun requires a click-through acceptance of the license.

8. When do I need to get a commercial license?

The JIUL is only for Internal Use. If you wish to distribute the changed technology to others in binary form, you must sign a commercial agreement and meet the Java compatibility requirements.

9. Does this license cover all versions of the technology?

The JIUL only covers the technology versions on the list below.

10. Am I required to purchase a support contract from Sun under this license?

No. A separate support contract is available but is not required.

11. Are my changes required to pass the Technology Compatibility Kit (TCK)?

No. A standalone TCK license is available but not required.

12. Am I required to keep my changes "Java Compatible?"

You are required to take "reasonable professional care" to not make changes that deviate from the specification. For example, when changing the API, language, or VM you should ensure that the new behavior matches the behavior described by the technology specification. Similarly, all modes of operation (such as command line options or startup configurations) should continue to behave in the same manner as defined by the technology specification.

13. How can I be sure my changes are "Java Compatible?"

Sun requires that you take reasonable professional care (e.g., through thorough examination of the existing code and careful study of the affected specifications) when making your changes. You may find it helpful in some situations to consult the source and compatibility requirements of the TCK source code (if available) for reference; however, this is not required or expected. If you must assure yourself that your changes are compatible, you may (at your option) license the associated TCK from Sun.

14. Can I share my changes with other businesses and organizations?

Yes, you may do so in source code form only provided that the other businesses and organizations have accepted the JIUL.

15. Can I distribute binaries of my changes?

You may distribute binaries within your business or organization (i.e., you may distribute them for Internal Use), provided you comply with the notice requirements of the license. Distribution of binaries outside your business or organization (e.g., through on-line downloads or CDs, or embedded in devices at remote locations such as kiosks or ATMs) is not permitted under the JIUL.

16. I am a current SCSL licensee, and want to use the JIUL. Can I do this?

Yes. Current SCSL licensees can choose to use the JIUL for Internal Use, but you must click through the new license, and comply with the JIUL notice requirements in your work. If you are a SCSL licensee, it is important that you keep the work you do under each license separate. You should not intermingle code that was obtained, modified or created under the SCSL with code that is subject to the JIUL.

17. I am a current Java Research License (JRL) licensee, and want to use the JIUL. Can I do this?

Yes. Current JRL licensees can choose the JIUL for Internal Use, but you must click through the new license, and comply with the JIUL notice requirements in your work. Because the JRL and the JIUL address different needs and have different restrictions, you should keep the work done under each license separate. You should not intermingle code that was obtained, modified or created under the JRL with code that is subject to the JIUL.

18. Does the JIUL prevent me from being able to create an independent implementation of Java technologies?

The JIUL includes an express "residual knowledge" clause which assures you are not "tainted" just by looking at the code. So, yes, you can look at JIUL source code and then later work on an independently developed open-source implementation. (Note that the "Residual Rights" clause of the JRL works in the same way: Knowledge obtained by working under the JRL may, if remembered later, be used in work done under the JIUL.)

19. Can I get binary support for my JIUL implementation?

Yes, but support will only be available under a separate contract once you make changes to the technology.

20. Can I contribute my fixes and enhancements back to Sun?

Yes, and we strongly encourage you to do so! You can find information about how to make contributions on the technology website where this license is found. Sun will examine all contributions, however, we cannot guarantee that your changes will be included in a future release of the technology or that they'll be evaluated for compatibility.

21. Do I have to move to a new version of the technology if I'm happy with my changes?

No, but you will lose the benefit of all new features, enhancements and bug fixes included in new versions. You will need to maintain and ensure the compatibility of your changes on your own. For this reason, we strongly recommend that you limit the number of changes you make and contribute them to Sun for inclusion in future releases.

22. How should I handle Sun's trademarks, logos, etc. after I make my changes?

You should not remove or make any changes to the embedded logos, trademarks, or other Sun owned code or materials that you distribute internally or share with other JIUL licensees. When distributing your implementation within your organization, however, you are not provided any rights to use additional or similar logos and trademarks in the presentation of your implementation. You must also include a notice that you have modified the files.

23. The license says I can distribute or receive only a small fraction of a total implementation. How small is a "small fraction?"

The purpose of this license is to allow small changes to the technology which provide reasonable assurance that compatibility is not compromised. In general you should be able to make several such changes and/or include small improvements you receive from other JIUL licensees to this end. If you find, however, that you are modifying or replacing large portions of code, then it is unlikely you will be able to assure compatibility without passing the TCK. Such large changes are beyond the scope of this license and you should consider another license that provides you access to the technology's associated TCK.

24. If Sun alerts me that my changes are incompatible, the license says I must correct and replace my implementation throughout my organization within a reasonable period of time. How long is reasonable?

The target audience of this license are those businesses and organizations who have a need to fix bugs or make performance improvements yet have a strong desire to maintain compatibility. Sun understands that replacing an incompatible implementation within an organization can be costly and time consuming, and so will work with you to determine a practical remedy when an incompatibility is discovered.

25. May I backport features from a future release of the technology into an earlier release?

No. You must maintain compatibility with a single release of the technology (i.e., hybrid implementations are not permitted).

26. Can I use the JIUL for a project on java.net?

No, we encourage you to use the Java Research License (JRL) for projects on java.net.

27. Who can I contact if I have additional questions or comments?

You can send questions related to the JIUL to JIULfeedback@sun.com and/or post comments on the java.net project forum.

These are technologies currently available from Sun Microsystems under the JIUL.

• JDK(TM) 5.0

License

The JIUL license is posted here for your review.

JAVA INTERNAL USE LICENSE ("JIUL") Version 1.0

I. DEFINITIONS.

"Compatibility" (or "Compatible") means compliance (or
compliant) with the Technology specifications as defined and
verified by the TCK associated with the Technology.

"Internal Use" means internal use by Your employees or
agents solely within Your business or organization (a) to
support Your internal applications or (b) to support those
applications that are available to and used by Your
customers at Your place of business or on Your website. 
Internal Use expressly excludes distribution of the
Technology or Modifications outside Your business or
organization.

"Licensee" means You and any other party that has entered
into a version of this License with Sun where such License
is in effect.

"Modifications" means any (a) change or addition to the
Technology or (b) new source or object code implementing any
portion of the Technology specification.

"Sun" means Sun Microsystems, Inc. and its successors and
assignees.

"Technology" means the source code and object code of the
technology (and documentation) obtained by You from Sun
under this License.

"Technology Compatibility Kit"  or "TCK" means the
documentation, user's guide, test suite, and tools from Sun
that define and verify the compatibility of an
implementation with Sun's specification for the Technology.

"Technology Site" means the website designated by Sun for
accessing the Technology.

"You" means the individual executing this License or the
legal entity or entities represented by the individual
executing this License.

II.  PURPOSE.

Sun is licensing the Technology under this Java Internal Use
License (the "License") to allow You to make bug fixes and
performance improvements to the Technology for Internal Use
only in a manner that does not jeopardize the Compatibility
of Your implementation of the Technology.

III.  INTERNAL USE RIGHTS.

A.  License Grant.  Subject to the conditions contained
herein, Sun grants to You a non-exclusive, non-transferable,
worldwide, and royalty-free license to do the following: (i)
reproduce, create Modifications of, and use the Technology,
either alone or with Modifications, in all cases for Your
Internal Use only; and (ii) conditioned upon Your compliance
with Section III.G, share the Technology and Your
Modifications, in source code form only, with other
Licensees for use only under their License. In the case of
(ii), You hereby grant to such Licensees the same rights in
Your Modifications as Sun grants in the Technology under
this License.

B.  Residual Rights.  If You examine the Technology after
accepting this License and remember anything about it later,
You are not "tainted" in a way that would prevent You from
creating or contributing to an independent implementation,
but this License grants You no rights to Sun's copyrights or
patents for use in such an implementation.

C.  No Implied Licenses.  Other than the rights granted
herein, Sun retains all rights, title, and interest in
Technology, and You retain all rights, title, and interest
in Your Modifications and associated specifications, subject
to the terms of this License.

D.  Third Party Software.  Portions of the Technology may be
provided with licenses or other notices from third parties
that govern the use of those portions. Any licenses granted
hereunder do not alter any rights and obligations You may
have under such licenses, however, the disclaimer of
warranty and limitation of liability provisions in this
License will apply to all Technology in this distribution.

E. Support. You are solely responsible for providing all
support with respect to the Internal Use of the Technology
and Modifications unless You have obtained a specific
agreement with Sun that explicitly covers the use of
Modifications under this License.

F. Compatibility.

1. You agree to use reasonable professional judgment and
effort to maintain adherence of Your implementation of the
Technology to the required behavior as defined by the
Technology specifications.  This applies to all
configurations of the Technology and Modifications.

2. You may not subset, superset, rename, or otherwise extend
or remove, any application program interface ("API") that is
defined by the Technology specifications.

3. You may not create new public classes or interface
definitions with names that begin with "java" or "javax".

4. Sun does not require that Your implementation pass its
associated TCK; however, if Sun informs You in writing that
a Modification is not Compatible, You agree to replace Your
implementation throughout Your business or organization
(within a reasonable period of time) with an implementation
that does not include that Modification.

G. Sharing.

Any Technology and Modifications You distribute or receive
must be, in the aggregate, only a small fraction of a
complete implementation of the Technology specification. You
are not required to share Your Modifications with other
Licensees or with Sun. However, You are encouraged to
contribute Your Modifications to Sun as described on the
Technology Site so that Your Modifications may be
incorporated into future releases of the Technology.  The
rights granted to You under this License apply only to
Technology received from Sun under this License, and to any
Modifications thereof whether made by You or made by another
Licensee and received by You, in each case under this
License.

IV.  INTELLECTUAL PROPERTY REQUIREMENTS.

As a condition to Your License, You agree to comply with the
following restrictions and responsibilities:

A.  License and Copyright Notices.  You will include a copy
of this Java Internal Use License in a Readme file for any
Technology or Modifications You deploy for Internal Use or
share with other Licensees.  You also agree to include the
following statement: "Use and distribution of this
technology is subject to the Java Internal Use License
included herein" (a) once prominently in the source code
tree for Your source code Modifications, and (b) once in a
Readme file accompanying any binaries that You deploy
hereunder.  You will cause any files containing Your
Modification to carry prominent notice stating that You
changed the files.  You will not remove or alter any
copyright or other proprietary notices in the Technology.

B.  Licensee Exchanges.  This License governs any Technology
and Modifications You receive from any Licensee acting under
its License.

V.  GENERAL TERMS.

A.  Disclaimer Of Warranties.

THE TECHNOLOGY AND MODIFICATIONS ARE PROVIDED "AS IS",
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
TECHNOLOGY AND MODIFICATIONS ARE FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR
NON-INFRINGING OF THIRD PARTY RIGHTS.  YOU AGREE THAT YOU
BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND
DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND MODIFICATIONS
UNDER THIS LICENSE.

B.  Infringement; Indemnity; Limitation Of Liability.

1.  If any portion of, or functionality implemented by, the
Technology becomes the subject of a claim or threatened
claim of infringement ("Affected Materials"), Sun may, in
its unrestricted discretion, suspend Your rights to use and
distribute the Affected Materials under this License.  Such
suspension of rights will be effective immediately upon
Sun's posting of notice of suspension on the Technology
Site.

2.  You agree to indemnify, hold harmless and defend Sun
(and any parties who have licensed portions of the
Technology to Sun) from and against any claims arising in
connection with Your Modifications.

3.  IN NO EVENT WILL SUN BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
RELATING TO OR ARISING OUT OF THIS LICENSE (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC
ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY
OF LIABILITY, WHETHER OR NOT SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.  LIABILITY UNDER THIS SECTION
V.B.3 SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING
FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

C.  Termination.

1.  The term of this License is five (5) years from the date
You obtain the Technology.  You may terminate this License
at any time by notifying Sun in a writing addressed to Sun
Microsystems, Inc., 4150 Network Circle, Santa Clara,
California 95054, Attn.: Sun Software VP of Sales, cc:Legal
Department/Products and Technology Law.  All Your rights
will terminate under this License if You fail to comply with
any of its material terms or conditions and do not cure such
failure within thirty (30) days after becoming aware of such
noncompliance.  Upon termination or expiration, You must
discontinue all uses and distribution of the Technology and
Modifications, and all provisions of this Section V
("General Terms") shall survive termination.

D.  Miscellaneous.

1.  Trademark.  You agree to comply with Sun's Trademark &
Logo Usage Requirements, as modified from time to time,
available at http://www.sun.com/policies/trademarks/. Except
as expressly provided in this License, You are granted no
rights in or to any Sun trademarks now or hereafter used or
licensed by Sun.

2.  Severability.  If any provision of this License is held
unenforceable, such provision shall be reformed to the
extent necessary to make it enforceable unless to do so
would defeat the intent of the parties, in which case, this
License shall terminate.

3.  Governing Law.  This License is governed by the laws of
the United States and the State of California, as applied to
contracts entered into and performed in California between
California residents.

4.  Export Control.  As further described at
http://www.sun.com/its, You agree to comply with the U.S.
export controls and trade laws of other countries that apply
to Technology and Modifications.

5.  Integration.  This License represents the complete
agreement of the parties concerning the subject matter
hereof.