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Legal Disclaimer
Note: The following represents our good faith attempt to provide answers to certain frequently asked questions about the Sun HPC ClusterTools technology which use the Sun Community Source License (SCSL) model. This FAQ is not intended to be complete or definitive. The legal contracts are the binding agreements and governing documents in the event of any conflict or ambiguity.

Contents

See Also

Background Information

1. Why did we decide to publish Sun HPC ClusterToolsTM technology source code under a new license model?

Sun HPC ClusterTools technology is an important platform solution for the age of the network. It needs to be widely adopted to be most useful. Sun believes that the best way to achieve wide adoption is to apply the principles of a community source license. These principles include: sharing rights to the source code among a community of developers to enhance and evolve the technology; establishing responsibilities to ensure compatibility; and providing a business model that rewards innovation and invention by allowing Licensees to create proprietary enhancements.

2. How was SCSL license model created?

Sun spent several months developing a license that balances the compatibility issues inherent in Sun's core technologies with philosophies underlying the idea of a community that shares source code. The process included the following steps: analyzing existing licenses; deriving a model that both promotes innovation and helps guarantee a uniform, reliable and distributed system; and, finally, structuring the license in a standard format so it can be easily adapted by Sun for future use.

Throughout this process, Sun asked both its partners and representatives of the Open Source community for input. Sun also posted a draft of the license at this web site for several months, requesting feedback. The final version of the license represents changes based on input from these sources.

3. What is a "Community", and what are its benefits?

The Sun HPC ClusterTools Technology Community is comprised of any development organization or individual that has executed the basic Sun Community Source License (SCSL) agreement to obtain access to Sun HPC ClusterTools technology source code. Members of the community share certain rights and responsibilities to protect the open, extensible nature of Sun HPC ClusterTools technology. Members participate in users groups, development forums, and advisory councils, and may receive development and technical support from Sun Microsystems as well as other community members.

4. Where do I find a copy of the Sun HPC ClusterTools technology community license?

We have posted Sun HPC ClusterTools technology license for the Sun HPC ClusterTools Technology here. The license is available in Postscript, PDF, and HTML formats.

5. What HPC ClusterTools products are available today under the SCSL?

All Sun HPC ClusterTools Technology products are available under the SCSL. The suite of products includes Sun MPI Library, the Prism parallel programming environment, Sun Parallel File System (PFS), Sun Scalable Scientific Subroutine Library (S3L), as well as Sun Cluster Runtime Environment (CRE).

You can download the source code including documentation and Conformance Test Suite together or separately. When you choose to download either the source code and/or the Conformance Test Suite for Sun HPC ClusterTools, you will be required to agree to the Sun HPC ClusterTools version of the SCSL by clicking through the license terms.

6. Where can I download the Sun HPC ClusterTools technology?

The source code and the specifications for Sun HPC ClusterTools technology described above can be found by going to the following URL: http://www.sun.com/hpc/ communitysource/. In order to download the source code, you will be required to accept the terms of the SCSL in a click-through process.

About the Sun HPC ClusterTools technology license

7. The license describes three different types of licensees: Research Use, Internal Deployment Use, and Commercial Use. Why are there these different 'levels' of the license and how do I know which one to use?

Sun has outlined three different levels of the license as a way to provide full rights to both modify the software under the Research Use license, and establish responsibilities designed to guarantee compatibility to the consumer under the Internal Deployment Use and Commercial Use licenses.

The level of license you use will depend on how you wish to use the Sun HPC ClusterTools technology. The Research Use license is designed for you to learn about the technology, to modify the source and create new and different implementations, and to try it with your own applications.

The Internal Deployment Use license is designed to allow you to use Sun HPC ClusterTools technology within your organization. We have added responsibilities at this level to ensure your internal application will be compatible with commercial products you may use in-house.

The Commercial Use license (Attachment E) applies if you want to distribute your product outside your organization for strategic or financial gain. It includes additional provisions to allow the Sun HPC ClusterTools technology to evolve. This license must be signed by you and Sun to be effective.

You will normally progress through at least the first two license levels, since you are most likely to first explore the technology and then use it for an internal project. As long as you are not using Sun HPC ClusterTools technology for commercial projects, you will not need to execute the Commercial Use license.

8. Why didn't you create three separate licenses -- one for Research Use, one for Internal Deployment Use, and one for Commercial Use?

Our goal is to supply a single license that will make it easy for you to move from one level to another. With this license, you can understand the responsibilities and requirements related to all levels of work you might consider. The only additional action needed is if / when you decide to move to the Commercial Use license. You are then required to sign and execute Attachment E.

9. If I use the Research Use license initially and then want to move to an Internal Deployment Use license, how do I do this?

If you decide to deploy the results of your research internally, then the license grant is already in place but you must comply with the requirements outlined in section 3.2 for Internal Deployment Use. These additional requirements include adapting your code to the naming conventions outlined in section 3.2(a), and passing a sufficiently recent and appropriate version of the Sun HPC ClusterTools Technology Conformance Test Suite.

As the license is cumulative, you are still subject to the terms of the Research Use license, except you will replace your header from Exhibit B (saying "experimental") with a header from Exhibit C (indicating the appropriate version of the Sun HPC ClusterTools Technology Conformance Test Suite you passed).

10. What do I have to do to move from an Internal Deployment Use license to a Commercial Use license?

If you are currently using a Sun HPC ClusterTools technology license for Internal Deployment Use and wish to commercialize your product, you are responsible for the following: your product must pass a sufficiently recent version of the appropriate Sun HPC ClusterTools technology Conformance Test Suite, you and Sun must sign Attachment E of the license (Commercial Use license).

11. I am a consultant. What level of the license do I need to adhere to?

If you are a consultant working directly for an organization, you are considered an agent for them and are subject to responsibilities related to the level of license they have agreed to. If you need independent access to Sun HPC ClusterTools technology or intend to use any of the development work you do for more than one company, you are subject to the Commercial Use license terms.

12. How do I know if my use falls in the "Commercial Use" category?

Your use is considered Commercial Use if you ship a product using Sun HPC ClusterTools technology source code for direct or indirect gain outside your organization. Examples, without limitation, are:

  • Selling a version of Sun HPC ClusterTools technology.
  • Selling a software product that implements Sun HPC ClusterTools technology.
  • Bundling Sun HPC ClusterTools technology as part of a larger work you sell for a profit.
  • Giving away Sun HPC ClusterTools technology as a marketing tool for attracting new customers or to retain existing customers.

13. The Sun HPC ClusterTools technology license model seems to differ from other licenses that share source code. Can you explain your reasoning?

The Sun HPC ClusterTools technology license is different than the existing licenses that provide source code. Sun HPC ClusterTools technology is all new technology, and introducing it poses unique circumstances for our users and partners. Here are some reasons for our approach.

First, we promote the idea of providing source code to a community of developers as a means to enable fast, innovative evolution of Sun HPC ClusterTools technology and its services. Second, while we want to encourage people to modify and evolve the technology, the value of Sun HPC ClusterTools technology lies in seamless connections among different network devices and services. It is critical that when Sun HPC ClusterTools technology is deployed a base level of code is tested to guarantee compatibility among users. Finally, we want to establish a business model that rewards all developers for creating innovative services using Sun HPC ClusterTools technology.

We believe this license model fairly balances these goals. It encourages unfettered creativity and invention at the Research Use level, and establishes responsibilities related to compatibility issues that are more critical to Internal Deployment Use and Commercial Use applications.

For Commercial Use developers, the Sun HPC ClusterTools license provides a reasonable fee structure that is based on commercial projections. If you wish to adopt an "open source" style of distribution (publish your source code and provide your products for strategic or financial advantage) the applicable fees may be waived. If you wish to use Sun HPC ClusterTools technology commercially for strategic or financial advantage the fee involved will be far smaller than what it would take for your company to develop, test and promote a similar technology independently.

14. Under this license, can I create a Sun HPC ClusterTools technology "clone"?

If you agree to the terms of the Sun HPC ClusterTools technology license, you are granted rights to use the Sun HPC ClusterTools technology Intellectual Property within the source code and make modifications subject to the responsibilities outlined in the license. For example, a Research Use licensee is free to create "clones" as long as the source code, if published, includes the proper notices. An Internal Deployment Use licensee can create a "clone" as long as it is compliant with the Sun HPC ClusterTools CTS. A Commercial Use must also enter into a Sun HPC ClusterTools license agreement.

If you choose not to accept the terms of the Sun HPC ClusterTools technology license, you have access to the specifications under normal copyrights. This does not, however, grant you rights to any Intellectual Property which Sun and/or other community members may have. If you choose to implement a "clean room" clone of Sun HPC ClusterTools technology, you are subject to any IP claims related to the technology.

15. If I develop an application that uses the Sun HPC ClusterTools technology binary code, do I need to agree to the terms of the Sun HPC ClusterTools technology license?

If you develop a service for Sun HPC ClusterTools technology that uses a binary executable of Sun HPC ClusterTools technology, you can distribute your program without a Sun HPC ClusterTools technology license. You are not allowed to redistribute the Sun HPC ClusterTools technology binary code however, unless you are a commercial licensee. If you incorporate any of the Sun HPC ClusterTools technology source code in your application, you are subject to the terms of the Sun HPC ClusterTools technology license.

Sun HPC ClusterTools Technology Conformance Test Suite (CTS)

16. What will the Sun HPC ClusterTools technology conformance test suite for?

The Sun HPC ClusterTools technology Conformance Test Suite (CTS) is designed to ensure that applications or services using Sun HPC ClusterTools technology will function properly.

17. Will I have access to the source code for the CTS?

As a licensee, you are granted access to the source code for the CTS for the sole purpose of creating error corrections or modifications that you propose to the developer. Any submissions you make will be considered "contributions," and granted to the community. We will consider any submitted bug fixes and/or changes for future upgrades.

18. Will I be able to make changes to the Sun HPC ClusterTools technology conformance test suite?

Sun will publish the Sun HPC ClusterTools technology conformance test suite and its source code on the Web for licensees only. As the Original Developer for this technology however, we have reserved the sole rights to the final code in the test suite. It is a top priority for us to keep the test suite simple to administer, and bug-free. If, during your testing you find bugs in the code, we encourage you to submit your fixes to us.

19. Who will manage the code base for the Sun HPC ClusterTools technology conformance test suite?

Sun's Sun HPC ClusterTools technology team will manage the code bases for the different Sun HPC ClusterTools conformance test suites. A Sun HPC ClusterTools coordinator will act as the liaison between the community and Sun to ensure that your ideas and bug fixes are considered for future releases.

20. When will the Sun HPC ClusterTools technology conformance test suite be available?

The first Sun HPC ClusterTools technology conformance test suite for the Sun HPC ClusterTools technology is available now. If you are a licensee, you are free to download it at www.sun.com/hpc/licensing.

Larger Works

21. Can code under the GNU General Public License (GPL) be incorporated into the Sun HPC ClusterTools technology code base?

No. Under the terms of the GPL you may not provide Products under a license that may contain more restrictive terms.

22. Can Sun redistribute my code which I grant to the community in for profit products?

As the Original Developer, Sun has retained the right to include any code you have granted to the community into a new release of Sun HPC ClusterTools technology. If you submitted your code to the community under Section 2 of the license, Sun can -- along with any other commercial licensee in the community -- incorporate this code into other products, and ship the other products for a profit.

23. Can someone else redistribute my code, which I grant to the community?

Yes, provided you granted license to your code under Section 2 of the license, another commercial licensee could take your code as part of the current release and include it into products, including for profit products.

24. How does Sun benefit from putting Sun HPC ClusterTools under this license model?

Our business strategy is to develop new services based on Sun HPC ClusterTools technology. Having more people use and innovate with Sun HPC ClusterTools technology will help drive the market for new, innovative systems and software services.

25. I want to build a product based upon Sun HPC ClusterTools technology but I don't want to contribute my source code to the community. What do I do?

You are not required to contribute the source code for your products based on Sun HPC ClusterTools technology, whether Extensions to or Modifications of Sun HPC ClusterTools technology, back to the community. You are required only to (i) contribute any Error Corrections which you discover back to the community; (ii) keep the programming interfaces for your Extensions open and (iii) publish specifications and test suites related to your Extensions so that the extended Sun HPC ClusterTools platform stays open.