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authorBeth Flanagan <elizabeth.flanagan@intel.com>2011-05-25 13:47:52 -0700
committerRichard Purdie <richard.purdie@linuxfoundation.org>2011-05-27 18:27:22 +0100
commit5faff78a9a8ea98c116dc7797b75c73baa85ac5d (patch)
tree977c5c21632bfa4582812a27b5716d01cc819f11 /meta/files/common-licenses/RPL-1
parent183ef127f555af68084ab956363b375124dd2a57 (diff)
downloadpoky-5faff78a9a8ea98c116dc7797b75c73baa85ac5d.tar.gz
common-licenses: Adding new licenses and renaming
I'm adding full common licenses to the common license directory. These licenses are taken from the SPDX project or the OSI license repository. They conform to the SPDX naming convention and will be used by the new license.bbclass license parser in order to maintain some sort of internal standard for license naming. Going forward, we should have a bigger conversation about the LICENSE field and standardizing that to conform to this naming standard. (From OE-Core rev: acc260418a46dadd5598c53ad3491a21e8b2d6e8) Signed-off-by: Beth Flanagan <elizabeth.flanagan@intel.com> Signed-off-by: Richard Purdie <richard.purdie@linuxfoundation.org>
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1
2Reciprocal Public License 1.5 (RPL1.5)
3
4Reciprocal Public License (RPL)
5
6Version 1.5, July 15, 2007
7
8Copyright (C) 2001-2007
9Technical Pursuit Inc.,
10All Rights Reserved.
11
12PREAMBLE
13
14The Reciprocal Public License (RPL) is based on the concept of reciprocity or,
15if you prefer, fairness.
16
17In short, this license grew out of a desire to close loopholes in previous open
18source licenses, loopholes that allowed parties to acquire open source software
19and derive financial benefit from it without having to release their
20improvements or derivatives to the community which enabled them. This occurred
21any time an entity did not release their application to a "third
22party".
23
24While there is a certain freedom in this model of licensing, it struck the
25authors of the RPL as being unfair to the open source community at large and to
26the original authors of the works in particular. After all, bug fixes,
27extensions, and meaningful and valuable derivatives were not consistently
28finding their way back into the community where they could fuel further, and
29faster, growth and expansion of the overall open source software base.
30
31While you should clearly read and understand the entire license, the essence of
32the RPL is found in two definitions: "Deploy" and "Required
33Components".
34
35Regarding deployment, under the RPL your changes, bug fixes, extensions, etc.
36must be made available to the open source community at large when you Deploy in
37any form -- either internally or to an outside party. Once you start running
38the software you have to start sharing the software.
39
40Further, under the RPL all components you author including schemas, scripts,
41source code, etc. -- regardless of whether they're compiled into a single
42binary or used as two halves of client/server application -- must be shared.
43You have to share the whole pie, not an isolated slice of it.
44
45In addition to these goals, the RPL was authored to meet the requirements of
46the Open Source Definition as maintained by the Open Source Initiative (OSI).
47
48The specific terms and conditions of the license are defined in the remainder
49of this document.
50
51LICENSE TERMS
52
531.0 General; Applicability &amp; Definitions. This Reciprocal Public License
54Version 1.5 ("License") applies to any programs or other works as
55well as any
56and all updates or maintenance releases of said programs or works
57("Software")
58not already covered by this License which the Software copyright holder
59("Licensor") makes available containing a License Notice (hereinafter
60defined)
61from the Licensor specifying or allowing use or distribution under the terms of
62this License. As used in this License:
63
641.1 "Contributor" means any person or entity who created or
65contributed to the
66creation of an Extension.
67
681.2 "Deploy" means to use, Serve, sublicense or distribute Licensed
69Software
70other than for Your internal Research and/or Personal Use, and includes
71without limitation, any and all internal use or distribution of Licensed
72Software within Your business or organization other than for Research and/or
73Personal Use, as well as direct or indirect sublicensing or distribution of
74Licensed Software by You to any third party in any form or manner.
75
761.3 "Derivative Works" as used in this License is defined under U.S.
77copyright
78law.
79
801.4 "Electronic Distribution Mechanism" means a mechanism generally
81accepted
82in the software development community for the electronic transfer of data such
83as download from an FTP server or web site, where such mechanism is publicly
84accessible.
85
861.5 "Extensions" means any Modifications, Derivative Works, or
87Required
88Components as those terms are defined in this License.
89
901.6 "License" means this Reciprocal Public License.
91
921.7 "License Notice" means any notice contained in EXHIBIT A.
93
941.8 "Licensed Software" means any Software licensed pursuant to this
95License.
96Licensed Software also includes all previous Extensions from any Contributor
97that You receive.
98
991.9 "Licensor" means the copyright holder of any Software previously
100not
101covered by this License who releases the Software under the terms of this
102License.
103
1041.10 "Modifications" means any additions to or deletions from the
105substance or
106structure of (i) a file or other storage containing Licensed Software, or (ii)
107any new file or storage that contains any part of Licensed Software, or (iii)
108any file or storage which replaces or otherwise alters the original
109functionality of Licensed Software at runtime.
110
1111.11 "Personal Use" means use of Licensed Software by an individual
112solely for
113his or her personal, private and non-commercial purposes. An individual's use
114of Licensed Software in his or her capacity as an officer, employee, member,
115independent contractor or agent of a corporation, business or organization
116(commercial or non-commercial) does not qualify as Personal Use.
117
1181.12 "Required Components" means any text, programs, scripts, schema,
119interface definitions, control files, or other works created by You which are
120required by a third party of average skill to successfully install and run
121Licensed Software containing Your Modifications, or to install and run Your
122Derivative Works.
123
1241.13 "Research" means investigation or experimentation for the
125purpose of
126understanding the nature and limits of the Licensed Software and its potential
127uses.
128
1291.14 "Serve" means to deliver Licensed Software and/or Your
130Extensions by
131means of a computer network to one or more computers for purposes of execution
132of Licensed Software and/or Your Extensions.
133
1341.15 "Software" means any computer programs or other works as well as
135any
136updates or maintenance releases of those programs or works which are
137distributed publicly by Licensor.
138
1391.16 "Source Code" means the preferred form for making modifications
140to the
141Licensed Software and/or Your Extensions, including all modules contained
142therein, plus any associated text, interface definition files, scripts used to
143control compilation and installation of an executable program or other
144components required by a third party of average skill to build a running
145version of the Licensed Software or Your Extensions.
146
1471.17 "User-Visible Attribution Notice" means any notice contained in
148EXHIBIT B.
149
1501.18 "You" or "Your" means an individual or a legal entity
151exercising rights
152under this License. For legal entities, "You" or "Your"
153includes any entity
154which controls, is controlled by, or is under common control with, You, where
155"control" means (a) the power, direct or indirect, to cause the
156direction or
157management of such entity, whether by contract or otherwise, or (b) ownership
158of fifty percent (50%) or more of the outstanding shares or beneficial
159ownership of such entity.
160
1612.0 Acceptance Of License. You are not required to accept this License since
162you have not signed it, however nothing else grants you permission to use,
163copy, distribute, modify, or create derivatives of either the Software or any
164Extensions created by a Contributor. These actions are prohibited by law if
165you do not accept this License. Therefore, by performing any of these actions
166You indicate Your acceptance of this License and Your agreement to be bound by
167all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
168CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR
169DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE
170TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE
171DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
172
1733.0 Grant of License From Licensor. Subject to the terms and conditions of
174this License, Licensor hereby grants You a world-wide, royalty-free, non-
175exclusive license, subject to Licensor's intellectual property rights, and any
176third party intellectual property claims derived from the Licensed Software
177under this License, to do the following:
178
1793.1 Use, reproduce, modify, display, perform, sublicense and distribute
180Licensed Software and Your Extensions in both Source Code form or as an
181executable program.
182
1833.2 Create Derivative Works (as that term is defined under U.S. copyright law)
184of Licensed Software by adding to or deleting from the substance or structure
185of said Licensed Software.
186
1873.3 Under claims of patents now or hereafter owned or controlled by Licensor,
188to make, use, have made, and/or otherwise dispose of Licensed Software or
189portions thereof, but solely to the extent that any such claim is necessary to
190enable You to make, use, have made, and/or otherwise dispose of Licensed
191Software or portions thereof.
192
1933.4 Licensor reserves the right to release new versions of the Software with
194different features, specifications, capabilities, functions, licensing terms,
195general availability or other characteristics. Title, ownership rights, and
196intellectual property rights in and to the Licensed Software shall remain in
197Licensor and/or its Contributors.
198
1994.0 Grant of License From Contributor. By application of the provisions in
200Section 6 below, each Contributor hereby grants You a world-wide, royalty-
201free, non-exclusive license, subject to said Contributor's intellectual
202property rights, and any third party intellectual property claims derived from
203the Licensed Software under this License, to do the following:
204
2054.1 Use, reproduce, modify, display, perform, sublicense and distribute any
206Extensions Deployed by such Contributor or portions thereof, in both Source
207Code form or as an executable program, either on an unmodified basis or as
208part of Derivative Works.
209
2104.2 Under claims of patents now or hereafter owned or controlled by
211Contributor, to make, use, have made, and/or otherwise dispose of Extensions
212or portions thereof, but solely to the extent that any such claim is necessary
213to enable You to make, use, have made, and/or otherwise dispose of
214Licensed Software or portions thereof.
215
2165.0 Exclusions From License Grant. Nothing in this License shall be deemed to
217grant any rights to trademarks, copyrights, patents, trade secrets or any
218other intellectual property of Licensor or any Contributor except as expressly
219stated herein. Except as expressly stated in Sections 3 and 4, no other patent
220rights, express or implied, are granted herein. Your Extensions may require
221additional patent licenses from Licensor or Contributors which each may grant
222in its sole discretion. No right is granted to the trademarks of Licensor or
223any Contributor even if such marks are included in the Licensed Software.
224Nothing in this License shall be interpreted to prohibit Licensor from
225licensing under different terms from this License any code that Licensor
226otherwise would have a right to license.
227
2285.1 You expressly acknowledge and agree that although Licensor and each
229Contributor grants the licenses to their respective portions of the Licensed
230Software set forth herein, no assurances are provided by Licensor or any
231Contributor that the Licensed Software does not infringe the patent or other
232intellectual property rights of any other entity. Licensor and each
233Contributor disclaim any liability to You for claims brought by any other
234entity based on infringement of intellectual property rights or otherwise. As
235a condition to exercising the rights and licenses granted hereunder, You
236hereby assume sole responsibility to secure any other intellectual property
237rights needed, if any. For example, if a third party patent license is
238required to allow You to distribute the Licensed Software, it is Your
239responsibility to acquire that license before distributing the Licensed
240Software.
241
2426.0 Your Obligations And Grants. In consideration of, and as an express
243condition to, the licenses granted to You under this License You hereby agree
244that any Modifications, Derivative Works, or Required Components (collectively
245Extensions) that You create or to which You contribute are governed by the
246terms of this License including, without limitation, Section 4. Any Extensions
247that You create or to which You contribute must be Deployed under the terms of
248this License or a future version of this License released under Section 7. You
249hereby grant to Licensor and all third parties a world-wide, non-exclusive,
250royalty-free license under those intellectual property rights You own or
251control to use, reproduce, display, perform, modify, create derivatives,
252sublicense, and distribute Licensed Software, in any form. Any Extensions You
253make and Deploy must have a distinct title so as to readily tell any
254subsequent user or Contributor that the Extensions are by You. You must
255include a copy of this License or directions on how to obtain a copy with
256every copy of the Extensions You distribute. You agree not to offer or impose
257any terms on any Source Code or executable version of the Licensed Software,
258or its Extensions that alter or restrict the applicable version of this
259License or the recipients' rights hereunder.
260
2616.1 Availability of Source Code. You must make available, under the terms of
262this License, the Source Code of any Extensions that You Deploy, via an
263Electronic Distribution Mechanism. The Source Code for any version that You
264Deploy must be made available within one (1) month of when you Deploy and must
265remain available for no less than twelve (12) months after the date You cease
266to Deploy. You are responsible for ensuring that the Source Code to each
267version You Deploy remains available even if the Electronic Distribution
268Mechanism is maintained by a third party. You may not charge a fee for any
269copy of the Source Code distributed under this Section in excess of Your
270actual cost of duplication and distribution of said copy.
271
2726.2 Description of Modifications. You must cause any Modifications that You
273create or to which You contribute to be documented in the Source Code, clearly
274describing the additions, changes or deletions You made. You must include a
275prominent statement that the Modifications are derived, directly or indirectly,
276from the Licensed Software and include the names of the Licensor and any
277Contributor to the Licensed Software in (i) the Source Code and (ii) in any
278notice displayed by the Licensed Software You distribute or in related
279documentation in which You describe the origin or ownership of the Licensed
280Software. You may not modify or delete any pre-existing copyright notices,
281change notices or License text in the Licensed Software without written
282permission of the respective Licensor or Contributor.
283
2846.3 Intellectual Property Matters.
285
286a. Third Party Claims. If You have knowledge that a license to a third party's
287intellectual property right is required to exercise the rights granted by this
288License, You must include a human-readable file with Your distribution that
289describes the claim and the party making the claim in sufficient detail that a
290recipient will know whom to contact.
291
292b. Contributor APIs. If Your Extensions include an application programming
293interface ("API") and You have knowledge of patent licenses that are
294reasonably necessary to implement that API, You must also include this
295information in a human-readable file supplied with Your distribution.
296
297c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
298above, You believe that any Extensions You distribute are Your original
299creations and that You have sufficient rights to grant the rights conveyed by
300this License.
301
3026.4 Required Notices.
303
304a. License Text. You must duplicate this License or instructions on how to
305acquire a copy in any documentation You provide along with the Source Code of
306any Extensions You create or to which You contribute, wherever You describe
307recipients' rights relating to Licensed Software.
308
309b. License Notice. You must duplicate any notice contained in EXHIBIT A (the
310"License Notice") in each file of the Source Code of any copy You
311distribute
312of the Licensed Software and Your Extensions. If You create an Extension, You
313may add Your name as a Contributor to the Source Code and accompanying
314documentation along with a description of the contribution. If it is not
315possible to put the License Notice in a particular Source Code file due to its
316structure, then You must include such License Notice in a location where a
317user would be likely to look for such a notice.
318
319c. Source Code Availability. You must notify the software community of the
320availability of Source Code to Your Extensions within one (1) month of the date
321You initially Deploy and include in such notification a description of the
322Extensions, and instructions on how to acquire the Source Code. Should such
323instructions change you must notify the software community of revised
324instructions within one (1) month of the date of change. You must provide
325notification by posting to appropriate news groups, mailing lists, weblogs, or
326other sites where a publicly accessible search engine would reasonably be
327expected to index your post in relationship to queries regarding the Licensed
328Software and/or Your Extensions.
329
330d. User-Visible Attribution. You must duplicate any notice contained in
331EXHIBIT B (the "User-Visible Attribution Notice") in each user-
332visible display
333of the Licensed Software and Your Extensions which delineates copyright,
334ownership, or similar attribution information. If You create an Extension,
335You may add Your name as a Contributor, and add Your attribution notice, as an
336equally visible and functional element of any User-Visible Attribution Notice
337content. To ensure proper attribution, You must also include such User-Visible
338Attribution Notice in at least one location in the Software documentation
339where a user would be likely to look for such notice.
340
3416.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
342support, indemnity or liability obligations to one or more recipients of
343Licensed Software. However, You may do so only on Your own behalf, and not on
344behalf of the Licensor or any Contributor except as permitted under other
345agreements between you and Licensor or Contributor. You must make it clear that
346any such warranty, support, indemnity or liability obligation is offered by You
347alone, and You hereby agree to indemnify the Licensor and every Contributor for
348any liability plus attorney fees, costs, and related expenses due to any such
349action or claim incurred by the Licensor or such Contributor as a result of
350warranty, support, indemnity or liability terms You offer.
351
3526.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
353virtue of being Derivative Works of another product or similar circumstance,
354fall under the terms of another license, the terms of that license should be
355honored however You must also make Your Extensions available under this
356License. If the terms of this License continue to conflict with the terms of
357the other license you may write the Licensor for permission to resolve the
358conflict in a fashion that remains consistent with the intent of this License.
359Such permission will be granted at the sole discretion of the Licensor.
360
3617.0 Versions of This License. Licensor may publish from time to time revised
362versions of the License. Once Licensed Software has been published under a
363particular version of the License, You may always continue to use it under the
364terms of that version. You may also choose to use such Licensed Software under
365the terms of any subsequent version of the License published by Licensor. No
366one other than Licensor has the right to modify the terms applicable to
367Licensed Software created under this License.
368
3697.1 If You create or use a modified version of this License, which You may do
370only in order to apply it to software that is not already Licensed Software
371under this License, You must rename Your license so that it is not confusingly
372similar to this License, and must make it clear that Your license contains
373terms that differ from this License. In so naming Your license, You may not
374use any trademark of Licensor or of any Contributor. Should Your modifications
375to this License be limited to alteration of a) Section 13.8 solely to modify
376the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define
377License Notice text, or c) to EXHIBIT B solely to define a User-Visible
378Attribution Notice, You may continue to refer to Your License as the
379Reciprocal Public License or simply the RPL.
380
3818.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE
382ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
383IMPLIED,
384INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE
385OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
386FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED
387THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF
388PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR
389RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT
390ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION
391OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
392LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY
393RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST
394OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS
395LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE
396UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN
397THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS
398OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
399LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
400DISCLAIMER.
401
4029.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
403WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
404LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY
405SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
406SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
407WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
408FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
409EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
410DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
411OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
412APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
413EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
414EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
415
41610.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS
417NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE
418CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
419SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
420COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
421WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD
422DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
423("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY
424DISCLAIM ANY
425EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
426
42711.0 Responsibility for Claims. As between Licensor and Contributors, each
428party is responsible for claims and damages arising, directly or indirectly,
429out of its utilization of rights under this License which specifically
430disclaims warranties and limits any liability of the Licensor. This paragraph
431is to be used in conjunction with and controlled by the Disclaimer Of
432Warranties of Section 8, the Limitation Of Damages in Section 9, and the
433disclaimer against use for High Risk Activities in Section 10. The Licensor
434has thereby disclaimed all warranties and limited any damages that it is or
435may be liable for. You agree to work with Licensor and Contributors to
436distribute such responsibility on an equitable basis consistent with the terms
437of this License including Sections 8, 9, and 10. Nothing herein is intended or
438shall be deemed to constitute any admission of liability.
439
44012.0 Termination. This License and all rights granted hereunder will terminate
441immediately in the event of the circumstances described in Section 13.6 or if
442applicable law prohibits or restricts You from fully and or specifically
443complying with Sections 3, 4 and/or 6, or prevents the enforceability of any
444of those Sections, and You must immediately discontinue any use of Licensed
445Software.
446
44712.1 Automatic Termination Upon Breach. This License and the rights granted
448hereunder will terminate automatically if You fail to comply with the terms
449herein and fail to cure such breach within thirty (30) days of becoming aware
450of the breach. All sublicenses to the Licensed Software that are properly
451granted shall survive any termination of this License. Provisions that, by
452their nature, must remain in effect beyond the termination of this License,
453shall survive.
454
45512.2 Termination Upon Assertion of Patent Infringement. If You initiate
456litigation by asserting a patent infringement claim (excluding declaratory
457judgment actions) against Licensor or a Contributor (Licensor or Contributor
458against whom You file such an action is referred to herein as
459"Respondent")
460alleging that Licensed Software directly or indirectly infringes any patent,
461then any and all rights granted by such Respondent to You under Sections 3 or
4624 of this License shall terminate prospectively upon sixty (60) days notice
463from Respondent (the "Notice Period") unless within that Notice
464Period You
465either agree in writing (i) to pay Respondent a mutually agreeable reasonably
466royalty for Your past or future use of Licensed Software made by such
467Respondent, or (ii) withdraw Your litigation claim with respect to Licensed
468Software against such Respondent. If within said Notice Period a reasonable
469royalty and payment arrangement are not mutually agreed upon in writing by the
470parties or the litigation claim is not withdrawn, the rights granted by
471Licensor to You under Sections 3 and 4 automatically terminate at the
472expiration of said Notice Period.
473
47412.3 Reasonable Value of This License. If You assert a patent infringement
475claim against Respondent alleging that Licensed Software directly or
476indirectly infringes any patent where such claim is resolved (such as by
477license or settlement) prior to the initiation of patent infringement
478litigation, then the reasonable value of the licenses granted by said
479Respondent under Sections 3 and 4 shall be taken into account in determining
480the amount or value of any payment or license.
481
48212.4 No Retroactive Effect of Termination. In the event of termination under
483this Section all end user license agreements (excluding licenses to
484distributors and resellers) that have been validly granted by You or any
485distributor hereunder prior to termination shall survive termination.
486
48713.0 Miscellaneous.
488
48913.1 U.S. Government End Users. The Licensed Software is a "commercial
490item,"
491as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
492"commercial computer software" and "commercial computer software
493documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
494Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
495(June 1995), all U.S. Government End Users acquire Licensed Software with only
496those rights set forth herein.
497
49813.2 Relationship of Parties. This License will not be construed as creating
499an agency, partnership, joint venture, or any other form of legal association
500between or among You, Licensor, or any Contributor, and You will not represent
501to the contrary, whether expressly, by implication, appearance, or otherwise.
502
50313.3 Independent Development. Nothing in this License will impair Licensor's
504right to acquire, license, develop, subcontract, market, or distribute
505technology or products that perform the same or similar functions as, or
506otherwise compete with, Extensions that You may develop, produce, market, or
507distribute.
508
50913.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to
510enforce any provision of this License will not be deemed a waiver of future
511enforcement
512of that or any other provision.
513
51413.5 Severability. This License represents the complete agreement concerning
515the subject matter hereof. If any provision of this License is held to be
516unenforceable, such provision shall be reformed only to the extent necessary
517to make it enforceable.
518
51913.6 Inability to Comply Due to Statute or Regulation. If it is impossible for
520You to comply with any of the terms of this License with respect to some or
521all of the Licensed Software due to statute, judicial order, or regulation,
522then You cannot use, modify, or distribute the software.
523
52413.7 Export Restrictions. You may be restricted with respect to downloading or
525otherwise acquiring, exporting, or reexporting the Licensed Software or any
526underlying information or technology by United States and other applicable
527laws and regulations. By downloading or by otherwise obtaining the Licensed
528Software, You are agreeing to be responsible for compliance with all
529applicable laws and regulations.
530
53113.8 Arbitration, Jurisdiction &amp; Venue. This License shall be governed by
532Colorado law provisions (except to the extent applicable law, if any, provides
533otherwise), excluding its conflict-of-law provisions. You expressly agree that
534any dispute relating to this License shall be submitted to binding arbitration
535under the rules then prevailing of the American Arbitration Association. You
536further agree that Adams County, Colorado USA is proper venue and grant such
537arbitration proceeding jurisdiction as may be appropriate for purposes of
538resolving any dispute under this License. Judgement upon any award made in
539arbitration may be entered and enforced in any court of competent
540jurisdiction. The arbitrator shall award attorney's fees and costs of
541arbitration to the prevailing party. Should either party find it necessary to
542enforce its arbitration award or seek specific performance of such award in a
543civil court of competent jurisdiction, the prevailing party shall be entitled
544to reasonable attorney's fees and costs. The application of the United Nations
545Convention on Contracts for the International Sale of Goods is expressly
546excluded. You and Licensor expressly waive any rights to a jury trial in any
547litigation concerning Licensed Software or this License. Any law or regulation
548that provides that the language of a contract shall be construed against the
549drafter shall not apply to this License.
550
55113.9 Entire Agreement. This License constitutes the entire agreement between
552the parties with respect to the subject matter hereof.
553
554EXHIBIT A
555
556The License Notice below must appear in each file of the Source Code of any
557copy You distribute of the Licensed Software or any Extensions thereto:
558
559Unless explicitly acquired and licensed from Licensor under another
560license, the contents of this file are subject to the Reciprocal Public
561License ("RPL") Version 1.5, or subsequent versions as allowed by the
562RPL,
563and You may not copy or use this file in either source code or executable
564form, except in compliance with the terms and conditions of the RPL.
565
566All software distributed under the RPL is provided strictly on an "AS
567IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
568LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
569LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
570PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific
571language governing rights and limitations under the RPL.
572
573EXHIBIT B
574
575The User-Visible Attribution Notice below, when provided, must appear in each
576user-visible display as defined in Section 6.4 (d):
577
578
579
580
581
582