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- Network Working Group V. Cerf
- Request for Comments: 1790 Internet Society
- Category: Informational April 1995
-
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- An Agreement between the Internet Society
- and
- Sun Microsystems, Inc.
- in the Matter of ONC RPC and XDR Protocols
-
- Status of this Memo
-
- This memo provides information for the Internet community. It does
- not specify an Internet standard of any kind. Distribution of this
- memo is unlimited.
-
- Note:
-
- This RFC is NOT a standard. It is an official public record of an
- agreement between SUN Microsystems and the Internet Society. The
- referenced RFC 1057 dated June 1988 ("RFC: Remote Procedure Call
- Protocol Specification Version 2) and RFC 1014 dated June 1987 ("XDR:
- External Data Representation Standard) are not attached to the
- document below, but are incorporated by reference.
-
- Purpose:
-
- This Request for Comments records an agreement between SUN
- Microsystems, Inc. and the Internet Society to permit the flow of
- SUN's Open Network Computing Remote Procedure Call and External Data
- Representation specifications into the Internet Standards process
- conducted by the Internet Engineering Task Force. It should be noted
- by readers that paragraph 4 means, in part, that someone or some
- organization other than the named "Licensees" must be separately
- "licensed" to make use of these specifications for implementation or
- other purposes. SUN Microsystems commits to providing such a license
- under "substantially similar terms" and at no charge. If the
- referenced RFCs are re-issued as Proposed Standards, SUN could offer
- a blanket license to implementors which could, itself, be documented
- and recorded as an RFC for reference.
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- Cerf [Page 1]
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- RFC 1790 ISOC - SUN Agreement: ONC RPC and XDR Protocols April 1995
-
-
- AN AGREEMENT BETWEEN
-
- THE INTERNET SOCIETY
-
- AND
-
- SUN MICROSYSTEMS, INC.
-
- IN THE MATTER OF
-
- ONC RPC AND XDR PROTOCOLS
-
- 1. For good and valuable consideration, receipt and sufficiency of
- which is hereby acknowledged, Sun Microsystems, Inc. ("Donor") hereby
- grants to the Internet Society and the Internet Engineering Task
- Force, their officers, employees, the IETF Secretariat and
- contractors ("Licensees") for the sole purpose of making Donor's Open
- Network Computing ("ONC") Remote Procedure Call ("RPC") and External
- Data Representation ("XDR") (together the "Technology", which is the
- technical specifications set forth in Exhibit "A" attached hereto
- [sic] and incorporated herein by reference) an Internet standard,
- entering the Internet Standard process as a Proposed Standard, a
- cost-free, perpetual, non-exclusive, worldwide right and license
- under any copyrights, patents or other rights in Donor's Technology
- to use, reproduce, modify, distribute, propose, test, develop,
- analyze, enhance, revise, adopt, maintain, perform and display
- publicly, and prepare derivative works that are based on or
- incorporate all or part of the Technology, and to reproduce,
- distribute and perform or display publicly any such derivative works,
- in any form and in all languages (computer and foreign), including
- the right and license to use the marks "ONC RPC" and "ONC XDR"
- ("Marks") in association therewith, and to authorize others to do so.
- Donor agrees to permit Licensees to use Donor's name and address to
- indicate the original source of the Technology.
-
- 2. Donor further exclusively transfers to Licensees the worldwide
- right and license to further evolve, develop and modify the
- Technology for the purpose of making the Technology an Internet
- Standard through the Internet Standardization Process (as specified
- in RFC 1602), including the right and license to use the Marks in
- association with any such modifications, and to authorize others to
- do so. In particular, Donor acknowledges that if it performs any
- evolution, development and modification of the Technology outside of
- the Internet Standardization Process, that this should be clearly
- indicated as being a non-standard development, and that no reference
- to the Internet Standards Process is allowed for any such Technology
- developed outside of the Internet Standards Process.
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- Cerf [Page 2]
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- RFC 1790 ISOC - SUN Agreement: ONC RPC and XDR Protocols April 1995
-
-
- 3. Donor hereby acknowledges that Licensees assumes no obligation to
- maintain any confidentiality with respect to the Technology licensed
- hereunder, and Donor represents that, to the best of its knowledge,
- there are no infringement claims against the Technology. Donor
- represents that the Technology was not prepared jointly with others.
- Licensees acknowledge that any rights not expressly granted herein
- are reserved by Donor.
-
- 4. Donor hereby acknowledges that Licensees have no duty to publish
- or otherwise use or disseminate the Technology, including, in
- particular, an obligation to raise the Technology to the Internet
- standards-track. In the event the Technology is elevated to Proposed
- standard level, Donor hereby agrees to license the Technology to
- others under substantially similar terms as those licensed to
- Licensee herein at no charge (with the exception that such use of the
- Technology by such Licensees shall be for purposes other than making
- the Technology an Internet Standard), so long as such licensees of
- the Technology implement the Internet standard. In the event the
- Technology is not elevated to Proposed standard level within 24
- months of the execution of this agreement, then Section 2 of this
- agreement is null and void.
-
- 5. THE TECHNOLOGY IS PROVIDED TO LICENSEES "AS IS", AND ALL
- REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS
- FOR A PARTICULAR PURPOSE. MERCHANTABILITY AND NONINFRINGEMENT ARE
- HEREBY DISCLAIMED.
-
- 6. IN NO EVENT WILL DONOR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
- DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
- PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF
- LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE TECHNOLOGY,
- EVEN IF DONOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. This Agreement constitutes the entire agreement between the
- parties concerning its subject matter, and supersedes all prior
- written or oral agreements and discussions. All additions or
- modifications to this agreement must be made in writing and must be
- signed by an authorized representative of each party. If any term or
- condition of this Agreement is declared void or unenforceable as
- provided herein or by a court of competent jurisdiction, the
- remaining provisions shall remain in full force and effect. The
- parties agree to comply strictly with all applicable export control
- laws and regulations. Where no U.S. Federal law governs, this
- agreement will be governed by the law of the State of California
- without reference to its conflict of laws provision.
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- Cerf [Page 3]
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- RFC 1790 ISOC - SUN Agreement: ONC RPC and XDR Protocols April 1995
-
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- Signature /S/ J. Bill Maier Date 4-6-95
- Name Jim Bill Maier
- Title VP/GM Networking
- for Sun Microsystems, Inc.
-
-
- Signature /S/Vinton G. Cerf Date 4-11-95
- Name Vinton G. Cerf
- Title President
- For Internet Society
-
-
- Security Considerations
-
- Security issues are not discussed in this memo.
-
- Author's Address
-
- Vinton G. Cerf
- President
- Internet Society
- 12020 Sunrise Valley Dr, suite 270
- Reston, VA 22091
-
- Phone: +1 703 648 9888
- EMail: vcerf@isoc.org
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- Cerf [Page 4]
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