SUN MICROSYSTEMS, INC

TIMESYS CORPORATION ("TIMESYS") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS 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, DECLINE THIS AGEEMENT AND DO NOT DOWNLOAD THE SPECIFICATION.

JavaTM RTSJ Specification Version: 1.0.2 ("Specification")

Status: Revision not yet accepted by JCP

Release: [insert date]

LIMITED LICENSE GRANTS

1. License for Evaluation Purposes. TimeSys hereby grants you a fully-paid, perpetual, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under TimeSys's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation. This includes 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. TimeSys also grants you a perpetual, nonexclusive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or, subject to the provisions of subsection 4 below, patent rights it may have covering the Specification to create and/or distribute an Independent 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 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 or Specifications being implemented; (c) only includes as part of such implementation, the packages, classes or methods specified by the Specification; and (d) passes the Technology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for such Specification (an implementation that satisfies (a) through (d), a ÒCompliant ImplementationÓ). In addition, the foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose (including, for example, modifying the Specification, other than to the extent of your fair use rights, or distributing the Specification to third parties). Also, no right, title, or interest in or to any trademarks, service marks, or trade names of TimeSys or TimeSys's licensors is granted hereunder. Java, and Java related logos, marks and names are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. TimeSys and related logos, marks and names are trademarks or registered trademarks of TimeSys, Inc. in the U.S. and other countries.

3. Pass-through Conditions. You need not include limitations (a)-(d) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to Independent Implementations (and products derived from them) that satisfy limitations (a)-(d) from the previous paragraph, You may neither: (a) grant or otherwise pass through to your licensees any licenses under TimeSys's applicable intellectual property rights; nor (b) authorize your licensees to make any claims concerning their implementation's compliance with the Specification in question.

4. 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 in accordance with the terms of subparagraph 2 above.

b. With respect to any patent claims owned by TimeSys 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 TimeSys 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 TimeSys and covered by the license granted under subparagraph 2, 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 TimeSys that its making, having made, using, offering to sell, selling or importing a Compliant Implementation infringes Your patent rights.

5. Definitions. For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of TimeSys's source code or binary code materials nor, except with an appropriate and separate license from TimeSys, includes any of TimeSys's source code or binary code materials; "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "com.TimeSys" or their equivalents in any subsequent naming convention adopted by TimeSys through the Java Community Process, or any recognized successors or replacements thereof; and ÒTechnology Compatibility KitÓ or ÒTCKÓ shall mean the test suite and accompanying TCK UserÕs Guide provided by TimeSys which corresponds to the Specification and that was available either (i) from TimeSys 120 days before the first release of Your Independent Implementation that allows its use for commercial purposes, or (ii) more recently than 120 days from such release but against which You elect to test Your implementation of the Specification. This Agreement will terminate immediately without notice from TimeSys if you breach the Agreement or act outside the scope of the licenses granted above.

DISCLAIMER OF WARRANTIES

THE SPECIFICATION IS PROVIDED "AS IS". TIMESYS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not represent any commitment to release or implement any portion of the Specification in any product. In addition, the Specification could include technical inaccuracies or typographical errors.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TIMESYS OR ITS LICENSORS 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 IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN IF TIMESYS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You will indemnify, hold harmless, and defend TimeSys and its licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your Java application, applet and/or implementation; 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

If you provide TimeSys with any comments or suggestions concerning the Specification ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant TimeSys a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.

EXPORT

You shall not export or import the Specification in violation of any applicable U.S. laws or regulations, including U.S. Department of Commerce Export Administration Regulations, and similar laws and regulations of other applicable jurisdictions.

GENERAL

This agreement shall be governed for all purposes by the laws of the Commonwealth of Pennsylvania, excluding choice of law provisions. You expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement. Any action or proceeding arising out of this agreement shall be brought in any of the federal court for the Western District of Pennsylvania. This agreement contains the entire agreement and understanding between You and TimeSys. This agreement may not be modified or appended except as agreed to in writing by TimeSys and You. Such modifications by TimeSys shall become effective when the modified agreement is posted on TimeSys' website. No waiver by either party of any rights under this agreement will be effective unless such waiver is in a writing signed by the party against whom enforcement is sought. If any provision of this agreement is declared void, such provision will be deemed severed from this agreement, which will otherwise remain in full force and effect.

(Form ID#_______)