Pursuant to Section 4.10 of the Java Warehouse Developer Terms and Conditions of Use, this supplement describes the terms and conditions under which you may charge fees in association with the use of Software You Post to the administration of the Java Warehouse and Java Store.
These Supplemental Terms can be changed by Sun upon 30 days notice. This means that we will notify you when we are proposing new terms, both by email and by a notice posted to the Java Warehouse. Unless you notify us that you agree to the new terms within 30 days from when we give our notice to you that we are proposing new terms, we will remove your for–fee Software from the Warehouse and the Store before the new terms take affect. Of course, if you subsequently decide that you are willing to accept the new terms then you may resubmit your Software to the Warehouse.
1.1 Unless and until you are otherwise notified by Sun, all for–fee transactions in the Java Store will use PayPal, and as a result you must open a PayPal premier or business account, verify it according to PayPal´s account verification policies, and comply with PayPal´s Acceptable User Policy to be able to participate in such transactions.
1.2 Licensing your application to a Java Store User is a transaction between you and that Java Store User. Sun will receive a fee for each such transaction, and these fees, as well as PayPal´s transaction fees, are disclosed below. In the report made available to you by PayPal you will be able see the full amount paid by the Java Store User as “incoming” and Sun’s and PayPal´s fees, aggregated and not distinguished from each other, as subtracted from that amount.
1.3 Sun will provide you with sample code and access to certain license right management APIs which you can embed and implement in your Software for the purpose of validating that someone downloading your for–fee Software from the Java Store paid a fee as a condition of downloading your Software. Notwithstanding the foregoing, Sun´s sample code and APIs are offered “As Is” and Sun makes no representation or warranty that any party downloading or using your Software will in fact either be a registered Java Store User or will have paid the proper fee for your Software. Moreover, you acknowledge that Sun is not able and has no obligation to assist you in enforcing the terms of your EULA with a user, including, for example, whether the license has a term or is perpetual.
1.4 Sun´s policy for refunds and reversals of transactions concerning your for–fee Software made through the Java Store are set forth at http://java.sun.com/warehouse/termsofuse_content/refund_addendum.jsp and are hereby incorporated by reference as part of these Supplement Terms. Other policies may also apply to such refunds and reversals pursuant to your applicable agreement(s) with PayPal.
1.5 If you use DRM technology provided by Sun, You may not in your EULA include a condition that restricts a Java Store User that has paid the correct fee for for–fee Software that you Post from downloading that Software to different devices and as many times as they want for their personal use for no additional charge, for so long as the Software is offered by the Java Store.
1.6 If you wish to charge a fee for your Software, it must be no less than US$1.99.
1.7 Java Store Users that purchase a license to your Software from the Java Store shall have access to any future updates or upgrades to the same Software posted by you to the Warehouse for no additional fee.
1.8 PayPal will charge a fee for each transaction. This fee will be the lesser of, for each transaction: (i) 5% + $0.05 , (ii) 1.9% + $0.30 , or (iii) the then–current fee PayPal has negotiated with Sun.
1.9 Sun will charge a 30% commission — after PayPal´s transaction fee and net of sales tax — to all purchases.
1.10 You are responsible for all sales taxes, including payment, to the relevant tax authorities. It is up to you to provide a tax rate for each state on which taxes should be charged. Sun will rely on the tax tables provided by you and your customer´s billing address to calculate the sales tax for each table. The sales taxes allow entering tax rates between 0.01% and 20.00% in 0.01% increments.
1.11 You may use PayPal’s reports to see your payment and transaction details. Sun has no obligation to provide these details to you. Transactions that have a sales tax will be marked in the memo field of the PayPal reports with the name of the taxing jurisdiction and the sales tax amount. It is up to you to calculate the proper sales tax liability for each location.
1.12 If you remove for–fee Software from the Java Store, the Software will no longer be available to new customers, but such removal will have no impact on the rights of Java Store Users who have already downloaded and licensed the Software.
1.13 All sales taxes with fractional cents will be rounded to full cents using the Round Half Up method (e.g. 23.5 cents rounds to 24 cents, 22.4 cents rounds to 22 cents). Similarly, calculations concerning amounts due to you (after the deduction of PayPal´s transaction fee, Sun´s commission and any other deductions authorized herein) will also be rounded to full cents using the Round Half Up method.
1.14 In your PayPal summary you will be able to see your customer´s PayPal account. You agree that you will neither share this information nor use it for contacting a customer directly unless the consumer contacts you directly first separately from this transaction.
1.15 If you do not conduct your business from the United States, you may not Post for–fee for Software to the Java Warehouse without Sun´s prior written consent.