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Network Working Group                                            V. CerfRequest for Comments: 1790                              Internet SocietyCategory: Informational                                       April 1995An Agreement between the Internet SocietyandSun Microsystems, Inc.               in the Matter of ONC RPC and XDR ProtocolsStatus 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   referencedRFC 1057 dated June 1988 ("RFC: Remote Procedure Call   Protocol Specification Version 2) andRFC 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   inRFC 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, thenSection 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 1995Signature /S/ J. Bill Maier        Date 4-6-95Name      Jim Bill MaierTitle     VP/GM Networking          for Sun Microsystems, Inc.Signature /S/Vinton G. Cerf        Date 4-11-95Name      Vinton G. CerfTitle     PresidentFor       Internet SocietySecurity 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.orgCerf                                                            [Page 4]