Network Working Group V. Cerf
Request for Comments: 1790 Internet Society
Category: Informational April 1995
An Agreement between the Internet Society
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.
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.
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.
- Page 2
AN AGREEMENT BETWEEN
THE INTERNET SOCIETY
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.
- Page 3
- 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
- 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.
- Page 4
- 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
12020 Sunrise Valley Dr, suite 270
Reston, VA 22091
Phone: +1 703 648 9888