An Agreement between the Internet Society and Sun Microsystems, Inc. in the Matter of ONC RPC and XDR Protocols

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.

                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.

   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.

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