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rfc:rfc1790

Network Working Group V. Cerf Request for Comments: 1790 Internet Society Category: Informational April 1995

             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.

Cerf [Page 1] 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.

Cerf [Page 2] 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.

Cerf [Page 3] RFC 1790 ISOC - SUN Agreement: ONC RPC and XDR Protocols April 1995

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

Cerf [Page 4]

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