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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 party".
22
23While there is a certain freedom in this model of licensing, it struck the
24authors of the RPL as being unfair to the open source community at large and to
25the original authors of the works in particular. After all, bug fixes,
26extensions, and meaningful and valuable derivatives were not consistently
27finding their way back into the community where they could fuel further, and
28faster, growth and expansion of the overall open source software base.
29
30While you should clearly read and understand the entire license, the essence of
31the RPL is found in two definitions: "Deploy" and "Required Components".
32
33Regarding deployment, under the RPL your changes, bug fixes, extensions, etc.
34must be made available to the open source community at large when you Deploy in
35any form -- either internally or to an outside party. Once you start running
36the software you have to start sharing the software.
37
38Further, under the RPL all components you author including schemas, scripts,
39source code, etc. -- regardless of whether they`re compiled into a single
40binary or used as two halves of client/server application -- must be shared.
41You have to share the whole pie, not an isolated slice of it.
42
43In addition to these goals, the RPL was authored to meet the requirements of
44the Open Source Definition as maintained by the Open Source Initiative (OSI).
45
46The specific terms and conditions of the license are defined in the remainder
47of this document.
48
49LICENSE TERMS
50
511.0 General; Applicability & Definitions. This Reciprocal Public License
52Version 1.5 ("License") applies to any programs or other works as well as any
53and all updates or maintenance releases of said programs or works ("Software")
54not already covered by this License which the Software copyright holder
55("Licensor") makes available containing a License Notice (hereinafter defined)
56from the Licensor specifying or allowing use or distribution under the terms of
57this License. As used in this License:
58
591.1 "Contributor" means any person or entity who created or contributed to the
60creation of an Extension.
61
621.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
63other than for Your internal Research and/or Personal Use, and includes
64without limitation, any and all internal use or distribution of Licensed
65Software within Your business or organization other than for Research and/or
66Personal Use, as well as direct or indirect sublicensing or distribution of
67Licensed Software by You to any third party in any form or manner.
68
691.3 "Derivative Works" as used in this License is defined under U.S. copyright
70law.
71
721.4 "Electronic Distribution Mechanism" means a mechanism generally accepted
73in the software development community for the electronic transfer of data such
74as download from an FTP server or web site, where such mechanism is publicly
75accessible.
76
771.5 "Extensions" means any Modifications, Derivative Works, or Required
78Components as those terms are defined in this License.
79
801.6 "License" means this Reciprocal Public License.
81
821.7 "License Notice" means any notice contained in EXHIBIT A.
83
841.8 "Licensed Software" means any Software licensed pursuant to this License.
85Licensed Software also includes all previous Extensions from any Contributor
86that You receive.
87
881.9 "Licensor" means the copyright holder of any Software previously not
89covered by this License who releases the Software under the terms of this
90License.
91
921.10 "Modifications" means any additions to or deletions from the substance or
93structure of (i) a file or other storage containing Licensed Software, or (ii)
94any new file or storage that contains any part of Licensed Software, or (iii)
95any file or storage which replaces or otherwise alters the original
96functionality of Licensed Software at runtime.
97
981.11 "Personal Use" means use of Licensed Software by an individual solely for
99his or her personal, private and non-commercial purposes. An individual`s use
100of Licensed Software in his or her capacity as an officer, employee, member,
101independent contractor or agent of a corporation, business or organization
102(commercial or non-commercial) does not qualify as Personal Use.
103
1041.12 "Required Components" means any text, programs, scripts, schema,
105interface definitions, control files, or other works created by You which are
106required by a third party of average skill to successfully install and run
107Licensed Software containing Your Modifications, or to install and run Your
108Derivative Works.
109
1101.13 "Research" means investigation or experimentation for the purpose of
111understanding the nature and limits of the Licensed Software and its potential
112uses.
113
1141.14 "Serve" means to deliver Licensed Software and/or Your Extensions by
115means of a computer network to one or more computers for purposes of execution
116of Licensed Software and/or Your Extensions.
117
1181.15 "Software" means any computer programs or other works as well as any
119updates or maintenance releases of those programs or works which are
120distributed publicly by Licensor.
121
1221.16 "Source Code" means the preferred form for making modifications to the
123Licensed Software and/or Your Extensions, including all modules contained
124therein, plus any associated text, interface definition files, scripts used to
125control compilation and installation of an executable program or other
126components required by a third party of average skill to build a running
127version of the Licensed Software or Your Extensions.
128
1291.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
130
1311.18 "You" or "Your" means an individual or a legal entity exercising rights
132under this License. For legal entities, "You" or "Your" includes any entity
133which 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
135management of such entity, whether by contract or otherwise, or (b) ownership
136of fifty percent (50%) or more of the outstanding shares or beneficial
137ownership of such entity.
138
1392.0 Acceptance Of License. You are not required to accept this License since
140you have not signed it, however nothing else grants you permission to use,
141copy, distribute, modify, or create derivatives of either the Software or any
142Extensions created by a Contributor. These actions are prohibited by law if
143you do not accept this License. Therefore, by performing any of these actions
144You indicate Your acceptance of this License and Your agreement to be bound by
145all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
146CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR
147DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE
148TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE
149DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
150
1513.0 Grant of License From Licensor. Subject to the terms and conditions of
152this License, Licensor hereby grants You a world-wide, royalty-free, non-
153exclusive license, subject to Licensor`s intellectual property rights, and any
154third party intellectual property claims derived from the Licensed Software
155under this License, to do the following:
156
1573.1 Use, reproduce, modify, display, perform, sublicense and distribute
158Licensed Software and Your Extensions in both Source Code form or as an
159executable program.
160
1613.2 Create Derivative Works (as that term is defined under U.S. copyright law)
162of Licensed Software by adding to or deleting from the substance or structure
163of said Licensed Software.
164
1653.3 Under claims of patents now or hereafter owned or controlled by Licensor,
166to make, use, have made, and/or otherwise dispose of Licensed Software or
167portions thereof, but solely to the extent that any such claim is necessary to
168enable You to make, use, have made, and/or otherwise dispose of Licensed
169Software or portions thereof.
170
1713.4 Licensor reserves the right to release new versions of the Software with
172different features, specifications, capabilities, functions, licensing terms,
173general availability or other characteristics. Title, ownership rights, and
174intellectual property rights in and to the Licensed Software shall remain in
175Licensor and/or its Contributors.
176
1774.0 Grant of License From Contributor. By application of the provisions in
178Section 6 below, each Contributor hereby grants You a world-wide, royalty-
179free, non-exclusive license, subject to said Contributor`s intellectual
180property rights, and any third party intellectual property claims derived from
181the Licensed Software under this License, to do the following:
182
1834.1 Use, reproduce, modify, display, perform, sublicense and distribute any
184Extensions Deployed by such Contributor or portions thereof, in both Source
185Code form or as an executable program, either on an unmodified basis or as
186part of Derivative Works.
187
1884.2 Under claims of patents now or hereafter owned or controlled by
189Contributor, to make, use, have made, and/or otherwise dispose of Extensions
190or portions thereof, but solely to the extent that any such claim is necessary
191to enable You to make, use, have made, and/or otherwise dispose of
192Licensed Software or portions thereof.
193
1945.0 Exclusions From License Grant. Nothing in this License shall be deemed to
195grant any rights to trademarks, copyrights, patents, trade secrets or any
196other intellectual property of Licensor or any Contributor except as expressly
197stated herein. Except as expressly stated in Sections 3 and 4, no other patent
198rights, express or implied, are granted herein. Your Extensions may require
199additional patent licenses from Licensor or Contributors which each may grant
200in its sole discretion. No right is granted to the trademarks of Licensor or
201any Contributor even if such marks are included in the Licensed Software.
202Nothing in this License shall be interpreted to prohibit Licensor from
203licensing under different terms from this License any code that Licensor
204otherwise would have a right to license.
205
2065.1 You expressly acknowledge and agree that although Licensor and each
207Contributor grants the licenses to their respective portions of the Licensed
208Software set forth herein, no assurances are provided by Licensor or any
209Contributor that the Licensed Software does not infringe the patent or other
210intellectual property rights of any other entity. Licensor and each
211Contributor disclaim any liability to You for claims brought by any other
212entity based on infringement of intellectual property rights or otherwise. As
213a condition to exercising the rights and licenses granted hereunder, You
214hereby assume sole responsibility to secure any other intellectual property
215rights needed, if any. For example, if a third party patent license is
216required to allow You to distribute the Licensed Software, it is Your
217responsibility to acquire that license before distributing the Licensed
218Software.
219
2206.0 Your Obligations And Grants. In consideration of, and as an express
221condition to, the licenses granted to You under this License You hereby agree
222that any Modifications, Derivative Works, or Required Components (collectively
223Extensions) that You create or to which You contribute are governed by the
224terms of this License including, without limitation, Section 4. Any Extensions
225that You create or to which You contribute must be Deployed under the terms of
226this License or a future version of this License released under Section 7. You
227hereby grant to Licensor and all third parties a world-wide, non-exclusive,
228royalty-free license under those intellectual property rights You own or
229control to use, reproduce, display, perform, modify, create derivatives,
230sublicense, and distribute Licensed Software, in any form. Any Extensions You
231make and Deploy must have a distinct title so as to readily tell any
232subsequent user or Contributor that the Extensions are by You. You must
233include a copy of this License or directions on how to obtain a copy with
234every copy of the Extensions You distribute. You agree not to offer or impose
235any terms on any Source Code or executable version of the Licensed Software,
236or its Extensions that alter or restrict the applicable version of this
237License or the recipients` rights hereunder.
238
2396.1 Availability of Source Code. You must make available, under the terms of
240this License, the Source Code of any Extensions that You Deploy, via an
241Electronic Distribution Mechanism. The Source Code for any version that You
242Deploy must be made available within one (1) month of when you Deploy and must
243remain available for no less than twelve (12) months after the date You cease
244to Deploy. You are responsible for ensuring that the Source Code to each
245version You Deploy remains available even if the Electronic Distribution
246Mechanism is maintained by a third party. You may not charge a fee for any
247copy of the Source Code distributed under this Section in excess of Your
248actual cost of duplication and distribution of said copy.
249
2506.2 Description of Modifications. You must cause any Modifications that You
251create or to which You contribute to be documented in the Source Code, clearly
252describing the additions, changes or deletions You made. You must include a
253prominent statement that the Modifications are derived, directly or indirectly,
254from the Licensed Software and include the names of the Licensor and any
255Contributor to the Licensed Software in (i) the Source Code and (ii) in any
256notice displayed by the Licensed Software You distribute or in related
257documentation in which You describe the origin or ownership of the Licensed
258Software. You may not modify or delete any pre-existing copyright notices,
259change notices or License text in the Licensed Software without written
260permission of the respective Licensor or Contributor.
261
2626.3 Intellectual Property Matters.
263
264a. Third Party Claims. If You have knowledge that a license to a third party`s
265intellectual property right is required to exercise the rights granted by this
266License, You must include a human-readable file with Your distribution that
267describes the claim and the party making the claim in sufficient detail that a
268recipient will know whom to contact.
269
270b. Contributor APIs. If Your Extensions include an application programming
271interface ("API") and You have knowledge of patent licenses that are
272reasonably necessary to implement that API, You must also include this
273information in a human-readable file supplied with Your distribution.
274
275c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
276above, You believe that any Extensions You distribute are Your original
277creations and that You have sufficient rights to grant the rights conveyed by
278this License.
279
2806.4 Required Notices.
281
282a. License Text. You must duplicate this License or instructions on how to
283acquire a copy in any documentation You provide along with the Source Code of
284any Extensions You create or to which You contribute, wherever You describe
285recipients` rights relating to Licensed Software.
286
287b. 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
289of the Licensed Software and Your Extensions. If You create an Extension, You
290may add Your name as a Contributor to the Source Code and accompanying
291documentation along with a description of the contribution. If it is not
292possible to put the License Notice in a particular Source Code file due to its
293structure, then You must include such License Notice in a location where a
294user would be likely to look for such a notice.
295
296c. Source Code Availability. You must notify the software community of the
297availability of Source Code to Your Extensions within one (1) month of the date
298You initially Deploy and include in such notification a description of the
299Extensions, and instructions on how to acquire the Source Code. Should such
300instructions change you must notify the software community of revised
301instructions within one (1) month of the date of change. You must provide
302notification by posting to appropriate news groups, mailing lists, weblogs, or
303other sites where a publicly accessible search engine would reasonably be
304expected to index your post in relationship to queries regarding the Licensed
305Software and/or Your Extensions.
306
307d. User-Visible Attribution. You must duplicate any notice contained in
308EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display
309of the Licensed Software and Your Extensions which delineates copyright,
310ownership, or similar attribution information. If You create an Extension,
311You may add Your name as a Contributor, and add Your attribution notice, as an
312equally visible and functional element of any User-Visible Attribution Notice
313content. To ensure proper attribution, You must also include such User-Visible
314Attribution Notice in at least one location in the Software documentation
315where a user would be likely to look for such notice.
316
3176.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
318support, indemnity or liability obligations to one or more recipients of
319Licensed Software. However, You may do so only on Your own behalf, and not on
320behalf of the Licensor or any Contributor except as permitted under other
321agreements between you and Licensor or Contributor. You must make it clear that
322any such warranty, support, indemnity or liability obligation is offered by You
323alone, and You hereby agree to indemnify the Licensor and every Contributor for
324any liability plus attorney fees, costs, and related expenses due to any such
325action or claim incurred by the Licensor or such Contributor as a result of
326warranty, support, indemnity or liability terms You offer.
327
3286.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
329virtue of being Derivative Works of another product or similar circumstance,
330fall under the terms of another license, the terms of that license should be
331honored however You must also make Your Extensions available under this
332License. If the terms of this License continue to conflict with the terms of
333the other license you may write the Licensor for permission to resolve the
334conflict in a fashion that remains consistent with the intent of this License.
335Such permission will be granted at the sole discretion of the Licensor.
336
3377.0 Versions of This License. Licensor may publish from time to time revised
338versions of the License. Once Licensed Software has been published under a
339particular version of the License, You may always continue to use it under the
340terms of that version. You may also choose to use such Licensed Software under
341the terms of any subsequent version of the License published by Licensor. No
342one other than Licensor has the right to modify the terms applicable to
343Licensed Software created under this License.
344
3457.1 If You create or use a modified version of this License, which You may do
346only in order to apply it to software that is not already Licensed Software
347under this License, You must rename Your license so that it is not confusingly
348similar to this License, and must make it clear that Your license contains
349terms that differ from this License. In so naming Your license, You may not
350use any trademark of Licensor or of any Contributor. Should Your modifications
351to this License be limited to alteration of a) Section 13.8 solely to modify
352the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define
353License Notice text, or c) to EXHIBIT B solely to define a User-Visible
354Attribution Notice, You may continue to refer to Your License as the
355Reciprocal Public License or simply the RPL.
356
3578.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE
358ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
359INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE
360OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
361FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED
362THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF
363PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR
364RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT
365ANY CONTRIBUTOR`S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION
366OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
367LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY
368RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST
369OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS
370LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE
371UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN
372THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS
373OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
374LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
375DISCLAIMER.
376
3779.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
378WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
379LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY
380SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
381SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
382WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
383FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
384EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
385DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
386OR PERSONAL INJURY RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT
387APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
388EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
389EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
390
39110.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS
392NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE
393CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
394SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
395COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
396WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD
397DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
398("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY
399EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
400
40111.0 Responsibility for Claims. As between Licensor and Contributors, each
402party is responsible for claims and damages arising, directly or indirectly,
403out of its utilization of rights under this License which specifically
404disclaims warranties and limits any liability of the Licensor. This paragraph
405is to be used in conjunction with and controlled by the Disclaimer Of
406Warranties of Section 8, the Limitation Of Damages in Section 9, and the
407disclaimer against use for High Risk Activities in Section 10. The Licensor
408has thereby disclaimed all warranties and limited any damages that it is or
409may be liable for. You agree to work with Licensor and Contributors to
410distribute such responsibility on an equitable basis consistent with the terms
411of this License including Sections 8, 9, and 10. Nothing herein is intended or
412shall be deemed to constitute any admission of liability.
413
41412.0 Termination. This License and all rights granted hereunder will terminate
415immediately in the event of the circumstances described in Section 13.6 or if
416applicable law prohibits or restricts You from fully and or specifically
417complying with Sections 3, 4 and/or 6, or prevents the enforceability of any
418of those Sections, and You must immediately discontinue any use of Licensed
419Software.
420
42112.1 Automatic Termination Upon Breach. This License and the rights granted
422hereunder will terminate automatically if You fail to comply with the terms
423herein and fail to cure such breach within thirty (30) days of becoming aware
424of the breach. All sublicenses to the Licensed Software that are properly
425granted shall survive any termination of this License. Provisions that, by
426their nature, must remain in effect beyond the termination of this License,
427shall survive.
428
42912.2 Termination Upon Assertion of Patent Infringement. If You initiate
430litigation by asserting a patent infringement claim (excluding declaratory
431judgment actions) against Licensor or a Contributor (Licensor or Contributor
432against whom You file such an action is referred to herein as "Respondent")
433alleging that Licensed Software directly or indirectly infringes any patent,
434then any and all rights granted by such Respondent to You under Sections 3 or
4354 of this License shall terminate prospectively upon sixty (60) days notice
436from Respondent (the "Notice Period") unless within that Notice Period You
437either agree in writing (i) to pay Respondent a mutually agreeable reasonably
438royalty for Your past or future use of Licensed Software made by such
439Respondent, or (ii) withdraw Your litigation claim with respect to Licensed
440Software against such Respondent. If within said Notice Period a reasonable
441royalty and payment arrangement are not mutually agreed upon in writing by the
442parties or the litigation claim is not withdrawn, the rights granted by
443Licensor to You under Sections 3 and 4 automatically terminate at the
444expiration of said Notice Period.
445
44612.3 Reasonable Value of This License. If You assert a patent infringement
447claim against Respondent alleging that Licensed Software directly or
448indirectly infringes any patent where such claim is resolved (such as by
449license or settlement) prior to the initiation of patent infringement
450litigation, then the reasonable value of the licenses granted by said
451Respondent under Sections 3 and 4 shall be taken into account in determining
452the amount or value of any payment or license.
453
45412.4 No Retroactive Effect of Termination. In the event of termination under
455this Section all end user license agreements (excluding licenses to
456distributors and resellers) that have been validly granted by You or any
457distributor hereunder prior to termination shall survive termination.
458
45913.0 Miscellaneous.
460
46113.1 U.S. Government End Users. The Licensed Software is a "commercial item,"
462as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
463"commercial computer software" and "commercial computer software
464documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
465Consistent 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
467those rights set forth herein.
468
46913.2 Relationship of Parties. This License will not be construed as creating
470an agency, partnership, joint venture, or any other form of legal association
471between or among You, Licensor, or any Contributor, and You will not represent
472to the contrary, whether expressly, by implication, appearance, or otherwise.
473
47413.3 Independent Development. Nothing in this License will impair Licensor`s
475right to acquire, license, develop, subcontract, market, or distribute
476technology or products that perform the same or similar functions as, or
477otherwise compete with, Extensions that You may develop, produce, market, or
478distribute.
479
48013.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to
481enforce any provision of this License will not be deemed a waiver of future enforcement
482of that or any other provision.
483
48413.5 Severability. This License represents the complete agreement concerning
485the subject matter hereof. If any provision of this License is held to be
486unenforceable, such provision shall be reformed only to the extent necessary
487to make it enforceable.
488
48913.6 Inability to Comply Due to Statute or Regulation. If it is impossible for
490You to comply with any of the terms of this License with respect to some or
491all of the Licensed Software due to statute, judicial order, or regulation,
492then You cannot use, modify, or distribute the software.
493
49413.7 Export Restrictions. You may be restricted with respect to downloading or
495otherwise acquiring, exporting, or reexporting the Licensed Software or any
496underlying information or technology by United States and other applicable
497laws and regulations. By downloading or by otherwise obtaining the Licensed
498Software, You are agreeing to be responsible for compliance with all
499applicable laws and regulations.
500
50113.8 Arbitration, Jurisdiction & Venue. This License shall be governed by
502Colorado law provisions (except to the extent applicable law, if any, provides
503otherwise), excluding its conflict-of-law provisions. You expressly agree that
504any dispute relating to this License shall be submitted to binding arbitration
505under the rules then prevailing of the American Arbitration Association. You
506further agree that Adams County, Colorado USA is proper venue and grant such
507arbitration proceeding jurisdiction as may be appropriate for purposes of
508resolving any dispute under this License. Judgement upon any award made in
509arbitration may be entered and enforced in any court of competent
510jurisdiction. The arbitrator shall award attorney`s fees and costs of
511arbitration to the prevailing party. Should either party find it necessary to
512enforce its arbitration award or seek specific performance of such award in a
513civil court of competent jurisdiction, the prevailing party shall be entitled
514to reasonable attorney`s fees and costs. The application of the United Nations
515Convention on Contracts for the International Sale of Goods is expressly
516excluded. You and Licensor expressly waive any rights to a jury trial in any
517litigation concerning Licensed Software or this License. Any law or regulation
518that provides that the language of a contract shall be construed against the
519drafter shall not apply to this License.
520
52113.9 Entire Agreement. This License constitutes the entire agreement between
522the parties with respect to the subject matter hereof.
523
524EXHIBIT A
525
526The License Notice below must appear in each file of the Source Code of any
527copy You distribute of the Licensed Software or any Extensions thereto:
528
529Unless explicitly acquired and licensed from Licensor under another
530license, the contents of this file are subject to the Reciprocal Public
531License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL,
532and You may not copy or use this file in either source code or executable
533form, except in compliance with the terms and conditions of the RPL.
534
535All software distributed under the RPL is provided strictly on an "AS
536IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
537LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
538LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
539PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific
540language governing rights and limitations under the RPL.
541
542EXHIBIT B
543
544The User-Visible Attribution Notice below, when provided, must appear in each
545user-visible display as defined in Section 6.4 (d):
546