Common use of Java Compatibility Clause in Contracts

Java Compatibility. (i) Initially, the AAPI shall be that which is reflected in the Technology as identified in Exhibit A, by the bytecode specification in the Documentation entitled "Java Virtual Machine Specification" and by the Java language specification in the Documentation entitled "Java Language Specification." Subsequently, the AAPI may be modified by SUN and SUN will give Licensee written notice thereof. (ii) From time to time, SUN will make publicly available test suites at no cost for validating that the portion of Licensee's Product which interprets Java bytecodes complies with the then-current Specification of the AAPI as defined by SUN as of the date of that test suite ("Java Test Suite"). SUN shall not publish more than four (4) versions of such Java Test Suites in any one (1) calendar year, without the consent of Licensee, which consent shall not be unreasonably delayed or denied. SUN shall use reasonable efforts to review any changes to such Java Test Suites as much in advance as possible with Licensee, but failure of SUN to do so shall not constitute a breach of this Agreement and shall not invalidate any such Java Test Suite published by SUN. Changes to Java Test Suites to correct errors shall not be counted against the limitation to four (4). (iii) Each revision of a Product released by Licensee must pass the Java Test Suite that was current one hundred twenty (120) days before First Customer Shipment of such Product. Licensee shall not release or distribute to any third party the portion of Licensee's Product that interprets Java bytecodes, which does not successfully pass such Java Test Suite. (iv) If Licensee provides SUN with written notice of the existence of a bug in a current Java Test Suite, then Licensee shall be released from compatibility with the minimum portion of such Java Test Suite necessary to avoid the impact of such bug, until such time as Sun provides to Licensee a corrected or new Java Test Suite.

Java Compatibility. (i) Initially, the AAPI shall be that which is reflected in the Technology as identified in Exhibit A, by the bytecode specification in the Documentation entitled "“Java Virtual Machine Specification" ” and by the Java language specification in the Documentation entitled "“Java Language Specification." ” Subsequently, the AAPI may be modified by SUN and SUN will give Licensee written notice thereof. (ii) From time to time, SUN will make publicly available shall supply Licensee with test suites at no cost for validating that the portion of Licensee's ’s Product which interprets Java bytecodes complies with the then-current Specification specification of the AAPI as defined by SUN as of the date of that test suite ("“Java Test Suite"”). Without the consent of Licensee, which consent shall not be unreasonably delayed or denied, SUN shall not publish supply more than four (4) versions of such Java Test Suites in any one (1) calendar year, without the consent of Licensee, which consent shall not be unreasonably delayed or denied. SUN shall use reasonable efforts to review any changes to such Java Test Suites as much in advance as possible with Licensee, but failure of SUN to do so shall not constitute a breach of this Agreement and shall not invalidate any such Java Test Suite published supplied by SUN. Changes to Java Test Suites to correct errors shall not be counted against the limitation to four (4). (iii) Each revision of a Product released by Licensee must pass the Java Test Suite that was current one hundred twenty (120) days before First Customer Shipment of such Product. Licensee shall not release or distribute to any third party the portion of Licensee's ’s Product that interprets Java bytecodes, which does not successfully pass such Java Test Suite. (iv) . If Licensee provides SUN with written notice a copy of an existing publicly-available Applet which Licensee in good faith believes cannot be made to operate using best engineering efforts under any Java Runtime Interpreter which successfully passes the existence of a bug in a current Java Test Suite, then Licensee shall be released from compatibility with the minimum portion of such the Java Test Suite necessary to avoid the impact of such bug, cause that application to be able to operate until such time as Sun SUN provides to Licensee a corrected or new Java Test Suite, and a demonstration and technical description adequate for implementation of a system which both runs the application and such Java Test Suite. (iv) Licensee shall promptly announce and use best efforts to ship Product(s) based on Upgrades to the Technology (excluding solely HotJava-specific Upgrades) as delivered by SUN during the term of this Agreement. Licensee shall use best efforts to correct any incompatibility with the AAPI, as determined by the applicable Java Test Suite, which arises from integrating such Upgrade, whether such incompatibility is detected before or after FCS of the affected Product(s).