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 
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Streaming API for XML (JSR-173) for JavaTM Specification ("Specification") 
Version: 1.0 
Status: FCS 
Release: 22 March 2004
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 sub
license) 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, (b) does not modify, 
subset, superset or otherwise extend the Sun Name Space, or include any 
public or protected packages, classes, Java interfaces, fields or 
methods within the Sun Name Space other than those  required/authorized 
by the Specification or Specifications being implemented and  (c) 
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.  Downstream Licenses for Compliant Implementations.  A Downstream 
Licensee need not include limitations (a)-(c) from Section 2, above, or 
any other particular "pass through" requirements in any license the 
Downstream Licensee grants concerning the use of its Compliant  
Implementation or products derived from it. However, except with 
respect to implementations of the Specification (and products derived 
from them) by the Downstream Licensee's licensee that satisfy 
requirements (a)-(c) from Section 2, above, the Downstream Licensee may 
neither:  (a) grant or otherwise pass through to its licensees any 
licensable copyrights and patent rights of BEA; nor (b) authorize its 
licensees to make any claims concerning their implementation's 
compliance with the Specification in question.

5. 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; "Sun Name Space" shall mean 
the public class or interface declarations whose names begin with 
"java", "javax", "com.sun" or their equivalents in any subsequent 
naming convention adopted by Sun Microsystems, Inc., through the Java 
Community Process, or any recognized successors or replacements 
thereof; "Downstream Licensee" shall mean a company or individual that 
creates an Compliant Implementation under this Agreement.

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.

