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1 | |||
2 | Reciprocal Public License 1.5 (RPL1.5) | ||
3 | |||
4 | Reciprocal Public License (RPL) | ||
5 | |||
6 | Version 1.5, July 15, 2007 | ||
7 | |||
8 | Copyright (C) 2001-2007 | ||
9 | Technical Pursuit Inc., | ||
10 | All Rights Reserved. | ||
11 | |||
12 | PREAMBLE | ||
13 | |||
14 | The Reciprocal Public License (RPL) is based on the concept of reciprocity or, | ||
15 | if you prefer, fairness. | ||
16 | |||
17 | In short, this license grew out of a desire to close loopholes in previous open | ||
18 | source licenses, loopholes that allowed parties to acquire open source software | ||
19 | and derive financial benefit from it without having to release their | ||
20 | improvements or derivatives to the community which enabled them. This occurred | ||
21 | any time an entity did not release their application to a "third party". | ||
22 | |||
23 | While there is a certain freedom in this model of licensing, it struck the | ||
24 | authors of the RPL as being unfair to the open source community at large and to | ||
25 | the original authors of the works in particular. After all, bug fixes, | ||
26 | extensions, and meaningful and valuable derivatives were not consistently | ||
27 | finding their way back into the community where they could fuel further, and | ||
28 | faster, growth and expansion of the overall open source software base. | ||
29 | |||
30 | While you should clearly read and understand the entire license, the essence of | ||
31 | the RPL is found in two definitions: "Deploy" and "Required Components". | ||
32 | |||
33 | Regarding deployment, under the RPL your changes, bug fixes, extensions, etc. | ||
34 | must be made available to the open source community at large when you Deploy in | ||
35 | any form -- either internally or to an outside party. Once you start running | ||
36 | the software you have to start sharing the software. | ||
37 | |||
38 | Further, under the RPL all components you author including schemas, scripts, | ||
39 | source code, etc. -- regardless of whether they`re compiled into a single | ||
40 | binary or used as two halves of client/server application -- must be shared. | ||
41 | You have to share the whole pie, not an isolated slice of it. | ||
42 | |||
43 | In addition to these goals, the RPL was authored to meet the requirements of | ||
44 | the Open Source Definition as maintained by the Open Source Initiative (OSI). | ||
45 | |||
46 | The specific terms and conditions of the license are defined in the remainder | ||
47 | of this document. | ||
48 | |||
49 | LICENSE TERMS | ||
50 | |||
51 | 1.0 General; Applicability & Definitions. This Reciprocal Public License | ||
52 | Version 1.5 ("License") applies to any programs or other works as well as any | ||
53 | and all updates or maintenance releases of said programs or works ("Software") | ||
54 | not already covered by this License which the Software copyright holder | ||
55 | ("Licensor") makes available containing a License Notice (hereinafter defined) | ||
56 | from the Licensor specifying or allowing use or distribution under the terms of | ||
57 | this License. As used in this License: | ||
58 | |||
59 | 1.1 "Contributor" means any person or entity who created or contributed to the | ||
60 | creation of an Extension. | ||
61 | |||
62 | 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software | ||
63 | other than for Your internal Research and/or Personal Use, and includes | ||
64 | without limitation, any and all internal use or distribution of Licensed | ||
65 | Software within Your business or organization other than for Research and/or | ||
66 | Personal Use, as well as direct or indirect sublicensing or distribution of | ||
67 | Licensed Software by You to any third party in any form or manner. | ||
68 | |||
69 | 1.3 "Derivative Works" as used in this License is defined under U.S. copyright | ||
70 | law. | ||
71 | |||
72 | 1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted | ||
73 | in the software development community for the electronic transfer of data such | ||
74 | as download from an FTP server or web site, where such mechanism is publicly | ||
75 | accessible. | ||
76 | |||
77 | 1.5 "Extensions" means any Modifications, Derivative Works, or Required | ||
78 | Components as those terms are defined in this License. | ||
79 | |||
80 | 1.6 "License" means this Reciprocal Public License. | ||
81 | |||
82 | 1.7 "License Notice" means any notice contained in EXHIBIT A. | ||
83 | |||
84 | 1.8 "Licensed Software" means any Software licensed pursuant to this License. | ||
85 | Licensed Software also includes all previous Extensions from any Contributor | ||
86 | that You receive. | ||
87 | |||
88 | 1.9 "Licensor" means the copyright holder of any Software previously not | ||
89 | covered by this License who releases the Software under the terms of this | ||
90 | License. | ||
91 | |||
92 | 1.10 "Modifications" means any additions to or deletions from the substance or | ||
93 | structure of (i) a file or other storage containing Licensed Software, or (ii) | ||
94 | any new file or storage that contains any part of Licensed Software, or (iii) | ||
95 | any file or storage which replaces or otherwise alters the original | ||
96 | functionality of Licensed Software at runtime. | ||
97 | |||
98 | 1.11 "Personal Use" means use of Licensed Software by an individual solely for | ||
99 | his or her personal, private and non-commercial purposes. An individual`s use | ||
100 | of Licensed Software in his or her capacity as an officer, employee, member, | ||
101 | independent contractor or agent of a corporation, business or organization | ||
102 | (commercial or non-commercial) does not qualify as Personal Use. | ||
103 | |||
104 | 1.12 "Required Components" means any text, programs, scripts, schema, | ||
105 | interface definitions, control files, or other works created by You which are | ||
106 | required by a third party of average skill to successfully install and run | ||
107 | Licensed Software containing Your Modifications, or to install and run Your | ||
108 | Derivative Works. | ||
109 | |||
110 | 1.13 "Research" means investigation or experimentation for the purpose of | ||
111 | understanding the nature and limits of the Licensed Software and its potential | ||
112 | uses. | ||
113 | |||
114 | 1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by | ||
115 | means of a computer network to one or more computers for purposes of execution | ||
116 | of Licensed Software and/or Your Extensions. | ||
117 | |||
118 | 1.15 "Software" means any computer programs or other works as well as any | ||
119 | updates or maintenance releases of those programs or works which are | ||
120 | distributed publicly by Licensor. | ||
121 | |||
122 | 1.16 "Source Code" means the preferred form for making modifications to the | ||
123 | Licensed Software and/or Your Extensions, including all modules contained | ||
124 | therein, plus any associated text, interface definition files, scripts used to | ||
125 | control compilation and installation of an executable program or other | ||
126 | components required by a third party of average skill to build a running | ||
127 | version of the Licensed Software or Your Extensions. | ||
128 | |||
129 | 1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B. | ||
130 | |||
131 | 1.18 "You" or "Your" means an individual or a legal entity exercising rights | ||
132 | under this License. For legal entities, "You" or "Your" includes any entity | ||
133 | which controls, is controlled by, or is under common control with, You, where | ||
134 | "control" means (a) the power, direct or indirect, to cause the direction or | ||
135 | management of such entity, whether by contract or otherwise, or (b) ownership | ||
136 | of fifty percent (50%) or more of the outstanding shares or beneficial | ||
137 | ownership of such entity. | ||
138 | |||
139 | 2.0 Acceptance Of License. You are not required to accept this License since | ||
140 | you have not signed it, however nothing else grants you permission to use, | ||
141 | copy, distribute, modify, or create derivatives of either the Software or any | ||
142 | Extensions created by a Contributor. These actions are prohibited by law if | ||
143 | you do not accept this License. Therefore, by performing any of these actions | ||
144 | You indicate Your acceptance of this License and Your agreement to be bound by | ||
145 | all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND | ||
146 | CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR | ||
147 | DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE | ||
148 | TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE | ||
149 | DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. | ||
150 | |||
151 | 3.0 Grant of License From Licensor. Subject to the terms and conditions of | ||
152 | this License, Licensor hereby grants You a world-wide, royalty-free, non- | ||
153 | exclusive license, subject to Licensor`s intellectual property rights, and any | ||
154 | third party intellectual property claims derived from the Licensed Software | ||
155 | under this License, to do the following: | ||
156 | |||
157 | 3.1 Use, reproduce, modify, display, perform, sublicense and distribute | ||
158 | Licensed Software and Your Extensions in both Source Code form or as an | ||
159 | executable program. | ||
160 | |||
161 | 3.2 Create Derivative Works (as that term is defined under U.S. copyright law) | ||
162 | of Licensed Software by adding to or deleting from the substance or structure | ||
163 | of said Licensed Software. | ||
164 | |||
165 | 3.3 Under claims of patents now or hereafter owned or controlled by Licensor, | ||
166 | to make, use, have made, and/or otherwise dispose of Licensed Software or | ||
167 | portions thereof, but solely to the extent that any such claim is necessary to | ||
168 | enable You to make, use, have made, and/or otherwise dispose of Licensed | ||
169 | Software or portions thereof. | ||
170 | |||
171 | 3.4 Licensor reserves the right to release new versions of the Software with | ||
172 | different features, specifications, capabilities, functions, licensing terms, | ||
173 | general availability or other characteristics. Title, ownership rights, and | ||
174 | intellectual property rights in and to the Licensed Software shall remain in | ||
175 | Licensor and/or its Contributors. | ||
176 | |||
177 | 4.0 Grant of License From Contributor. By application of the provisions in | ||
178 | Section 6 below, each Contributor hereby grants You a world-wide, royalty- | ||
179 | free, non-exclusive license, subject to said Contributor`s intellectual | ||
180 | property rights, and any third party intellectual property claims derived from | ||
181 | the Licensed Software under this License, to do the following: | ||
182 | |||
183 | 4.1 Use, reproduce, modify, display, perform, sublicense and distribute any | ||
184 | Extensions Deployed by such Contributor or portions thereof, in both Source | ||
185 | Code form or as an executable program, either on an unmodified basis or as | ||
186 | part of Derivative Works. | ||
187 | |||
188 | 4.2 Under claims of patents now or hereafter owned or controlled by | ||
189 | Contributor, to make, use, have made, and/or otherwise dispose of Extensions | ||
190 | or portions thereof, but solely to the extent that any such claim is necessary | ||
191 | to enable You to make, use, have made, and/or otherwise dispose of | ||
192 | Licensed Software or portions thereof. | ||
193 | |||
194 | 5.0 Exclusions From License Grant. Nothing in this License shall be deemed to | ||
195 | grant any rights to trademarks, copyrights, patents, trade secrets or any | ||
196 | other intellectual property of Licensor or any Contributor except as expressly | ||
197 | stated herein. Except as expressly stated in Sections 3 and 4, no other patent | ||
198 | rights, express or implied, are granted herein. Your Extensions may require | ||
199 | additional patent licenses from Licensor or Contributors which each may grant | ||
200 | in its sole discretion. No right is granted to the trademarks of Licensor or | ||
201 | any Contributor even if such marks are included in the Licensed Software. | ||
202 | Nothing in this License shall be interpreted to prohibit Licensor from | ||
203 | licensing under different terms from this License any code that Licensor | ||
204 | otherwise would have a right to license. | ||
205 | |||
206 | 5.1 You expressly acknowledge and agree that although Licensor and each | ||
207 | Contributor grants the licenses to their respective portions of the Licensed | ||
208 | Software set forth herein, no assurances are provided by Licensor or any | ||
209 | Contributor that the Licensed Software does not infringe the patent or other | ||
210 | intellectual property rights of any other entity. Licensor and each | ||
211 | Contributor disclaim any liability to You for claims brought by any other | ||
212 | entity based on infringement of intellectual property rights or otherwise. As | ||
213 | a condition to exercising the rights and licenses granted hereunder, You | ||
214 | hereby assume sole responsibility to secure any other intellectual property | ||
215 | rights needed, if any. For example, if a third party patent license is | ||
216 | required to allow You to distribute the Licensed Software, it is Your | ||
217 | responsibility to acquire that license before distributing the Licensed | ||
218 | Software. | ||
219 | |||
220 | 6.0 Your Obligations And Grants. In consideration of, and as an express | ||
221 | condition to, the licenses granted to You under this License You hereby agree | ||
222 | that any Modifications, Derivative Works, or Required Components (collectively | ||
223 | Extensions) that You create or to which You contribute are governed by the | ||
224 | terms of this License including, without limitation, Section 4. Any Extensions | ||
225 | that You create or to which You contribute must be Deployed under the terms of | ||
226 | this License or a future version of this License released under Section 7. You | ||
227 | hereby grant to Licensor and all third parties a world-wide, non-exclusive, | ||
228 | royalty-free license under those intellectual property rights You own or | ||
229 | control to use, reproduce, display, perform, modify, create derivatives, | ||
230 | sublicense, and distribute Licensed Software, in any form. Any Extensions You | ||
231 | make and Deploy must have a distinct title so as to readily tell any | ||
232 | subsequent user or Contributor that the Extensions are by You. You must | ||
233 | include a copy of this License or directions on how to obtain a copy with | ||
234 | every copy of the Extensions You distribute. You agree not to offer or impose | ||
235 | any terms on any Source Code or executable version of the Licensed Software, | ||
236 | or its Extensions that alter or restrict the applicable version of this | ||
237 | License or the recipients` rights hereunder. | ||
238 | |||
239 | 6.1 Availability of Source Code. You must make available, under the terms of | ||
240 | this License, the Source Code of any Extensions that You Deploy, via an | ||
241 | Electronic Distribution Mechanism. The Source Code for any version that You | ||
242 | Deploy must be made available within one (1) month of when you Deploy and must | ||
243 | remain available for no less than twelve (12) months after the date You cease | ||
244 | to Deploy. You are responsible for ensuring that the Source Code to each | ||
245 | version You Deploy remains available even if the Electronic Distribution | ||
246 | Mechanism is maintained by a third party. You may not charge a fee for any | ||
247 | copy of the Source Code distributed under this Section in excess of Your | ||
248 | actual cost of duplication and distribution of said copy. | ||
249 | |||
250 | 6.2 Description of Modifications. You must cause any Modifications that You | ||
251 | create or to which You contribute to be documented in the Source Code, clearly | ||
252 | describing the additions, changes or deletions You made. You must include a | ||
253 | prominent statement that the Modifications are derived, directly or indirectly, | ||
254 | from the Licensed Software and include the names of the Licensor and any | ||
255 | Contributor to the Licensed Software in (i) the Source Code and (ii) in any | ||
256 | notice displayed by the Licensed Software You distribute or in related | ||
257 | documentation in which You describe the origin or ownership of the Licensed | ||
258 | Software. You may not modify or delete any pre-existing copyright notices, | ||
259 | change notices or License text in the Licensed Software without written | ||
260 | permission of the respective Licensor or Contributor. | ||
261 | |||
262 | 6.3 Intellectual Property Matters. | ||
263 | |||
264 | a. Third Party Claims. If You have knowledge that a license to a third party`s | ||
265 | intellectual property right is required to exercise the rights granted by this | ||
266 | License, You must include a human-readable file with Your distribution that | ||
267 | describes the claim and the party making the claim in sufficient detail that a | ||
268 | recipient will know whom to contact. | ||
269 | |||
270 | b. Contributor APIs. If Your Extensions include an application programming | ||
271 | interface ("API") and You have knowledge of patent licenses that are | ||
272 | reasonably necessary to implement that API, You must also include this | ||
273 | information in a human-readable file supplied with Your distribution. | ||
274 | |||
275 | c. Representations. You represent that, except as disclosed pursuant to 6.3(a) | ||
276 | above, You believe that any Extensions You distribute are Your original | ||
277 | creations and that You have sufficient rights to grant the rights conveyed by | ||
278 | this License. | ||
279 | |||
280 | 6.4 Required Notices. | ||
281 | |||
282 | a. License Text. You must duplicate this License or instructions on how to | ||
283 | acquire a copy in any documentation You provide along with the Source Code of | ||
284 | any Extensions You create or to which You contribute, wherever You describe | ||
285 | recipients` rights relating to Licensed Software. | ||
286 | |||
287 | b. License Notice. You must duplicate any notice contained in EXHIBIT A (the | ||
288 | "License Notice") in each file of the Source Code of any copy You distribute | ||
289 | of the Licensed Software and Your Extensions. If You create an Extension, You | ||
290 | may add Your name as a Contributor to the Source Code and accompanying | ||
291 | documentation along with a description of the contribution. If it is not | ||
292 | possible to put the License Notice in a particular Source Code file due to its | ||
293 | structure, then You must include such License Notice in a location where a | ||
294 | user would be likely to look for such a notice. | ||
295 | |||
296 | c. Source Code Availability. You must notify the software community of the | ||
297 | availability of Source Code to Your Extensions within one (1) month of the date | ||
298 | You initially Deploy and include in such notification a description of the | ||
299 | Extensions, and instructions on how to acquire the Source Code. Should such | ||
300 | instructions change you must notify the software community of revised | ||
301 | instructions within one (1) month of the date of change. You must provide | ||
302 | notification by posting to appropriate news groups, mailing lists, weblogs, or | ||
303 | other sites where a publicly accessible search engine would reasonably be | ||
304 | expected to index your post in relationship to queries regarding the Licensed | ||
305 | Software and/or Your Extensions. | ||
306 | |||
307 | d. User-Visible Attribution. You must duplicate any notice contained in | ||
308 | EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display | ||
309 | of the Licensed Software and Your Extensions which delineates copyright, | ||
310 | ownership, or similar attribution information. If You create an Extension, | ||
311 | You may add Your name as a Contributor, and add Your attribution notice, as an | ||
312 | equally visible and functional element of any User-Visible Attribution Notice | ||
313 | content. To ensure proper attribution, You must also include such User-Visible | ||
314 | Attribution Notice in at least one location in the Software documentation | ||
315 | where a user would be likely to look for such notice. | ||
316 | |||
317 | 6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, | ||
318 | support, indemnity or liability obligations to one or more recipients of | ||
319 | Licensed Software. However, You may do so only on Your own behalf, and not on | ||
320 | behalf of the Licensor or any Contributor except as permitted under other | ||
321 | agreements between you and Licensor or Contributor. You must make it clear that | ||
322 | any such warranty, support, indemnity or liability obligation is offered by You | ||
323 | alone, and You hereby agree to indemnify the Licensor and every Contributor for | ||
324 | any liability plus attorney fees, costs, and related expenses due to any such | ||
325 | action or claim incurred by the Licensor or such Contributor as a result of | ||
326 | warranty, support, indemnity or liability terms You offer. | ||
327 | |||
328 | 6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by | ||
329 | virtue of being Derivative Works of another product or similar circumstance, | ||
330 | fall under the terms of another license, the terms of that license should be | ||
331 | honored however You must also make Your Extensions available under this | ||
332 | License. If the terms of this License continue to conflict with the terms of | ||
333 | the other license you may write the Licensor for permission to resolve the | ||
334 | conflict in a fashion that remains consistent with the intent of this License. | ||
335 | Such permission will be granted at the sole discretion of the Licensor. | ||
336 | |||
337 | 7.0 Versions of This License. Licensor may publish from time to time revised | ||
338 | versions of the License. Once Licensed Software has been published under a | ||
339 | particular version of the License, You may always continue to use it under the | ||
340 | terms of that version. You may also choose to use such Licensed Software under | ||
341 | the terms of any subsequent version of the License published by Licensor. No | ||
342 | one other than Licensor has the right to modify the terms applicable to | ||
343 | Licensed Software created under this License. | ||
344 | |||
345 | 7.1 If You create or use a modified version of this License, which You may do | ||
346 | only in order to apply it to software that is not already Licensed Software | ||
347 | under this License, You must rename Your license so that it is not confusingly | ||
348 | similar to this License, and must make it clear that Your license contains | ||
349 | terms that differ from this License. In so naming Your license, You may not | ||
350 | use any trademark of Licensor or of any Contributor. Should Your modifications | ||
351 | to this License be limited to alteration of a) Section 13.8 solely to modify | ||
352 | the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define | ||
353 | License Notice text, or c) to EXHIBIT B solely to define a User-Visible | ||
354 | Attribution Notice, You may continue to refer to Your License as the | ||
355 | Reciprocal Public License or simply the RPL. | ||
356 | |||
357 | 8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE | ||
358 | ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, | ||
359 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE | ||
360 | OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. | ||
361 | FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED | ||
362 | THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF | ||
363 | PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR | ||
364 | RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT | ||
365 | ANY CONTRIBUTOR`S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION | ||
366 | OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE | ||
367 | LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY | ||
368 | RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST | ||
369 | OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS | ||
370 | LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE | ||
371 | UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN | ||
372 | THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS | ||
373 | OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS | ||
374 | LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS | ||
375 | DISCLAIMER. | ||
376 | |||
377 | 9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, | ||
378 | WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE | ||
379 | LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY | ||
380 | SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, | ||
381 | SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, | ||
382 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER | ||
383 | FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, | ||
384 | EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH | ||
385 | DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH | ||
386 | OR PERSONAL INJURY RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT | ||
387 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE | ||
388 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS | ||
389 | EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | ||
390 | |||
391 | 10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS | ||
392 | NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE | ||
393 | CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, | ||
394 | SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR | ||
395 | COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR | ||
396 | WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD | ||
397 | DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE | ||
398 | ("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY | ||
399 | EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. | ||
400 | |||
401 | 11.0 Responsibility for Claims. As between Licensor and Contributors, each | ||
402 | party is responsible for claims and damages arising, directly or indirectly, | ||
403 | out of its utilization of rights under this License which specifically | ||
404 | disclaims warranties and limits any liability of the Licensor. This paragraph | ||
405 | is to be used in conjunction with and controlled by the Disclaimer Of | ||
406 | Warranties of Section 8, the Limitation Of Damages in Section 9, and the | ||
407 | disclaimer against use for High Risk Activities in Section 10. The Licensor | ||
408 | has thereby disclaimed all warranties and limited any damages that it is or | ||
409 | may be liable for. You agree to work with Licensor and Contributors to | ||
410 | distribute such responsibility on an equitable basis consistent with the terms | ||
411 | of this License including Sections 8, 9, and 10. Nothing herein is intended or | ||
412 | shall be deemed to constitute any admission of liability. | ||
413 | |||
414 | 12.0 Termination. This License and all rights granted hereunder will terminate | ||
415 | immediately in the event of the circumstances described in Section 13.6 or if | ||
416 | applicable law prohibits or restricts You from fully and or specifically | ||
417 | complying with Sections 3, 4 and/or 6, or prevents the enforceability of any | ||
418 | of those Sections, and You must immediately discontinue any use of Licensed | ||
419 | Software. | ||
420 | |||
421 | 12.1 Automatic Termination Upon Breach. This License and the rights granted | ||
422 | hereunder will terminate automatically if You fail to comply with the terms | ||
423 | herein and fail to cure such breach within thirty (30) days of becoming aware | ||
424 | of the breach. All sublicenses to the Licensed Software that are properly | ||
425 | granted shall survive any termination of this License. Provisions that, by | ||
426 | their nature, must remain in effect beyond the termination of this License, | ||
427 | shall survive. | ||
428 | |||
429 | 12.2 Termination Upon Assertion of Patent Infringement. If You initiate | ||
430 | litigation by asserting a patent infringement claim (excluding declaratory | ||
431 | judgment actions) against Licensor or a Contributor (Licensor or Contributor | ||
432 | against whom You file such an action is referred to herein as "Respondent") | ||
433 | alleging that Licensed Software directly or indirectly infringes any patent, | ||
434 | then any and all rights granted by such Respondent to You under Sections 3 or | ||
435 | 4 of this License shall terminate prospectively upon sixty (60) days notice | ||
436 | from Respondent (the "Notice Period") unless within that Notice Period You | ||
437 | either agree in writing (i) to pay Respondent a mutually agreeable reasonably | ||
438 | royalty for Your past or future use of Licensed Software made by such | ||
439 | Respondent, or (ii) withdraw Your litigation claim with respect to Licensed | ||
440 | Software against such Respondent. If within said Notice Period a reasonable | ||
441 | royalty and payment arrangement are not mutually agreed upon in writing by the | ||
442 | parties or the litigation claim is not withdrawn, the rights granted by | ||
443 | Licensor to You under Sections 3 and 4 automatically terminate at the | ||
444 | expiration of said Notice Period. | ||
445 | |||
446 | 12.3 Reasonable Value of This License. If You assert a patent infringement | ||
447 | claim against Respondent alleging that Licensed Software directly or | ||
448 | indirectly infringes any patent where such claim is resolved (such as by | ||
449 | license or settlement) prior to the initiation of patent infringement | ||
450 | litigation, then the reasonable value of the licenses granted by said | ||
451 | Respondent under Sections 3 and 4 shall be taken into account in determining | ||
452 | the amount or value of any payment or license. | ||
453 | |||
454 | 12.4 No Retroactive Effect of Termination. In the event of termination under | ||
455 | this Section all end user license agreements (excluding licenses to | ||
456 | distributors and resellers) that have been validly granted by You or any | ||
457 | distributor hereunder prior to termination shall survive termination. | ||
458 | |||
459 | 13.0 Miscellaneous. | ||
460 | |||
461 | 13.1 U.S. Government End Users. The Licensed Software is a "commercial item," | ||
462 | as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of | ||
463 | "commercial computer software" and "commercial computer software | ||
464 | documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). | ||
465 | Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 | ||
466 | (June 1995), all U.S. Government End Users acquire Licensed Software with only | ||
467 | those rights set forth herein. | ||
468 | |||
469 | 13.2 Relationship of Parties. This License will not be construed as creating | ||
470 | an agency, partnership, joint venture, or any other form of legal association | ||
471 | between or among You, Licensor, or any Contributor, and You will not represent | ||
472 | to the contrary, whether expressly, by implication, appearance, or otherwise. | ||
473 | |||
474 | 13.3 Independent Development. Nothing in this License will impair Licensor`s | ||
475 | right to acquire, license, develop, subcontract, market, or distribute | ||
476 | technology or products that perform the same or similar functions as, or | ||
477 | otherwise compete with, Extensions that You may develop, produce, market, or | ||
478 | distribute. | ||
479 | |||
480 | 13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to | ||
481 | enforce any provision of this License will not be deemed a waiver of future enforcement | ||
482 | of that or any other provision. | ||
483 | |||
484 | 13.5 Severability. This License represents the complete agreement concerning | ||
485 | the subject matter hereof. If any provision of this License is held to be | ||
486 | unenforceable, such provision shall be reformed only to the extent necessary | ||
487 | to make it enforceable. | ||
488 | |||
489 | 13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for | ||
490 | You to comply with any of the terms of this License with respect to some or | ||
491 | all of the Licensed Software due to statute, judicial order, or regulation, | ||
492 | then You cannot use, modify, or distribute the software. | ||
493 | |||
494 | 13.7 Export Restrictions. You may be restricted with respect to downloading or | ||
495 | otherwise acquiring, exporting, or reexporting the Licensed Software or any | ||
496 | underlying information or technology by United States and other applicable | ||
497 | laws and regulations. By downloading or by otherwise obtaining the Licensed | ||
498 | Software, You are agreeing to be responsible for compliance with all | ||
499 | applicable laws and regulations. | ||
500 | |||
501 | 13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by | ||
502 | Colorado law provisions (except to the extent applicable law, if any, provides | ||
503 | otherwise), excluding its conflict-of-law provisions. You expressly agree that | ||
504 | any dispute relating to this License shall be submitted to binding arbitration | ||
505 | under the rules then prevailing of the American Arbitration Association. You | ||
506 | further agree that Adams County, Colorado USA is proper venue and grant such | ||
507 | arbitration proceeding jurisdiction as may be appropriate for purposes of | ||
508 | resolving any dispute under this License. Judgement upon any award made in | ||
509 | arbitration may be entered and enforced in any court of competent | ||
510 | jurisdiction. The arbitrator shall award attorney`s fees and costs of | ||
511 | arbitration to the prevailing party. Should either party find it necessary to | ||
512 | enforce its arbitration award or seek specific performance of such award in a | ||
513 | civil court of competent jurisdiction, the prevailing party shall be entitled | ||
514 | to reasonable attorney`s fees and costs. The application of the United Nations | ||
515 | Convention on Contracts for the International Sale of Goods is expressly | ||
516 | excluded. You and Licensor expressly waive any rights to a jury trial in any | ||
517 | litigation concerning Licensed Software or this License. Any law or regulation | ||
518 | that provides that the language of a contract shall be construed against the | ||
519 | drafter shall not apply to this License. | ||
520 | |||
521 | 13.9 Entire Agreement. This License constitutes the entire agreement between | ||
522 | the parties with respect to the subject matter hereof. | ||
523 | |||
524 | EXHIBIT A | ||
525 | |||
526 | The License Notice below must appear in each file of the Source Code of any | ||
527 | copy You distribute of the Licensed Software or any Extensions thereto: | ||
528 | |||
529 | Unless explicitly acquired and licensed from Licensor under another | ||
530 | license, the contents of this file are subject to the Reciprocal Public | ||
531 | License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL, | ||
532 | and You may not copy or use this file in either source code or executable | ||
533 | form, except in compliance with the terms and conditions of the RPL. | ||
534 | |||
535 | All software distributed under the RPL is provided strictly on an "AS | ||
536 | IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND | ||
537 | LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT | ||
538 | LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
539 | PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific | ||
540 | language governing rights and limitations under the RPL. | ||
541 | |||
542 | EXHIBIT B | ||
543 | |||
544 | The User-Visible Attribution Notice below, when provided, must appear in each | ||
545 | user-visible display as defined in Section 6.4 (d): | ||
546 | |||