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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 | ||
22 | party". | ||
23 | |||
24 | While there is a certain freedom in this model of licensing, it struck the | ||
25 | authors of the RPL as being unfair to the open source community at large and to | ||
26 | the original authors of the works in particular. After all, bug fixes, | ||
27 | extensions, and meaningful and valuable derivatives were not consistently | ||
28 | finding their way back into the community where they could fuel further, and | ||
29 | faster, growth and expansion of the overall open source software base. | ||
30 | |||
31 | While you should clearly read and understand the entire license, the essence of | ||
32 | the RPL is found in two definitions: "Deploy" and "Required | ||
33 | Components". | ||
34 | |||
35 | Regarding deployment, under the RPL your changes, bug fixes, extensions, etc. | ||
36 | must be made available to the open source community at large when you Deploy in | ||
37 | any form -- either internally or to an outside party. Once you start running | ||
38 | the software you have to start sharing the software. | ||
39 | |||
40 | Further, under the RPL all components you author including schemas, scripts, | ||
41 | source code, etc. -- regardless of whether they're compiled into a single | ||
42 | binary or used as two halves of client/server application -- must be shared. | ||
43 | You have to share the whole pie, not an isolated slice of it. | ||
44 | |||
45 | In addition to these goals, the RPL was authored to meet the requirements of | ||
46 | the Open Source Definition as maintained by the Open Source Initiative (OSI). | ||
47 | |||
48 | The specific terms and conditions of the license are defined in the remainder | ||
49 | of this document. | ||
50 | |||
51 | LICENSE TERMS | ||
52 | |||
53 | 1.0 General; Applicability & Definitions. This Reciprocal Public License | ||
54 | Version 1.5 ("License") applies to any programs or other works as | ||
55 | well as any | ||
56 | and all updates or maintenance releases of said programs or works | ||
57 | ("Software") | ||
58 | not already covered by this License which the Software copyright holder | ||
59 | ("Licensor") makes available containing a License Notice (hereinafter | ||
60 | defined) | ||
61 | from the Licensor specifying or allowing use or distribution under the terms of | ||
62 | this License. As used in this License: | ||
63 | |||
64 | 1.1 "Contributor" means any person or entity who created or | ||
65 | contributed to the | ||
66 | creation of an Extension. | ||
67 | |||
68 | 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed | ||
69 | Software | ||
70 | other than for Your internal Research and/or Personal Use, and includes | ||
71 | without limitation, any and all internal use or distribution of Licensed | ||
72 | Software within Your business or organization other than for Research and/or | ||
73 | Personal Use, as well as direct or indirect sublicensing or distribution of | ||
74 | Licensed Software by You to any third party in any form or manner. | ||
75 | |||
76 | 1.3 "Derivative Works" as used in this License is defined under U.S. | ||
77 | copyright | ||
78 | law. | ||
79 | |||
80 | 1.4 "Electronic Distribution Mechanism" means a mechanism generally | ||
81 | accepted | ||
82 | in the software development community for the electronic transfer of data such | ||
83 | as download from an FTP server or web site, where such mechanism is publicly | ||
84 | accessible. | ||
85 | |||
86 | 1.5 "Extensions" means any Modifications, Derivative Works, or | ||
87 | Required | ||
88 | Components as those terms are defined in this License. | ||
89 | |||
90 | 1.6 "License" means this Reciprocal Public License. | ||
91 | |||
92 | 1.7 "License Notice" means any notice contained in EXHIBIT A. | ||
93 | |||
94 | 1.8 "Licensed Software" means any Software licensed pursuant to this | ||
95 | License. | ||
96 | Licensed Software also includes all previous Extensions from any Contributor | ||
97 | that You receive. | ||
98 | |||
99 | 1.9 "Licensor" means the copyright holder of any Software previously | ||
100 | not | ||
101 | covered by this License who releases the Software under the terms of this | ||
102 | License. | ||
103 | |||
104 | 1.10 "Modifications" means any additions to or deletions from the | ||
105 | substance or | ||
106 | structure of (i) a file or other storage containing Licensed Software, or (ii) | ||
107 | any new file or storage that contains any part of Licensed Software, or (iii) | ||
108 | any file or storage which replaces or otherwise alters the original | ||
109 | functionality of Licensed Software at runtime. | ||
110 | |||
111 | 1.11 "Personal Use" means use of Licensed Software by an individual | ||
112 | solely for | ||
113 | his or her personal, private and non-commercial purposes. An individual's use | ||
114 | of Licensed Software in his or her capacity as an officer, employee, member, | ||
115 | independent contractor or agent of a corporation, business or organization | ||
116 | (commercial or non-commercial) does not qualify as Personal Use. | ||
117 | |||
118 | 1.12 "Required Components" means any text, programs, scripts, schema, | ||
119 | interface definitions, control files, or other works created by You which are | ||
120 | required by a third party of average skill to successfully install and run | ||
121 | Licensed Software containing Your Modifications, or to install and run Your | ||
122 | Derivative Works. | ||
123 | |||
124 | 1.13 "Research" means investigation or experimentation for the | ||
125 | purpose of | ||
126 | understanding the nature and limits of the Licensed Software and its potential | ||
127 | uses. | ||
128 | |||
129 | 1.14 "Serve" means to deliver Licensed Software and/or Your | ||
130 | Extensions by | ||
131 | means of a computer network to one or more computers for purposes of execution | ||
132 | of Licensed Software and/or Your Extensions. | ||
133 | |||
134 | 1.15 "Software" means any computer programs or other works as well as | ||
135 | any | ||
136 | updates or maintenance releases of those programs or works which are | ||
137 | distributed publicly by Licensor. | ||
138 | |||
139 | 1.16 "Source Code" means the preferred form for making modifications | ||
140 | to the | ||
141 | Licensed Software and/or Your Extensions, including all modules contained | ||
142 | therein, plus any associated text, interface definition files, scripts used to | ||
143 | control compilation and installation of an executable program or other | ||
144 | components required by a third party of average skill to build a running | ||
145 | version of the Licensed Software or Your Extensions. | ||
146 | |||
147 | 1.17 "User-Visible Attribution Notice" means any notice contained in | ||
148 | EXHIBIT B. | ||
149 | |||
150 | 1.18 "You" or "Your" means an individual or a legal entity | ||
151 | exercising rights | ||
152 | under this License. For legal entities, "You" or "Your" | ||
153 | includes any entity | ||
154 | which controls, is controlled by, or is under common control with, You, where | ||
155 | "control" means (a) the power, direct or indirect, to cause the | ||
156 | direction or | ||
157 | management of such entity, whether by contract or otherwise, or (b) ownership | ||
158 | of fifty percent (50%) or more of the outstanding shares or beneficial | ||
159 | ownership of such entity. | ||
160 | |||
161 | 2.0 Acceptance Of License. You are not required to accept this License since | ||
162 | you have not signed it, however nothing else grants you permission to use, | ||
163 | copy, distribute, modify, or create derivatives of either the Software or any | ||
164 | Extensions created by a Contributor. These actions are prohibited by law if | ||
165 | you do not accept this License. Therefore, by performing any of these actions | ||
166 | You indicate Your acceptance of this License and Your agreement to be bound by | ||
167 | all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND | ||
168 | CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR | ||
169 | DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE | ||
170 | TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE | ||
171 | DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. | ||
172 | |||
173 | 3.0 Grant of License From Licensor. Subject to the terms and conditions of | ||
174 | this License, Licensor hereby grants You a world-wide, royalty-free, non- | ||
175 | exclusive license, subject to Licensor's intellectual property rights, and any | ||
176 | third party intellectual property claims derived from the Licensed Software | ||
177 | under this License, to do the following: | ||
178 | |||
179 | 3.1 Use, reproduce, modify, display, perform, sublicense and distribute | ||
180 | Licensed Software and Your Extensions in both Source Code form or as an | ||
181 | executable program. | ||
182 | |||
183 | 3.2 Create Derivative Works (as that term is defined under U.S. copyright law) | ||
184 | of Licensed Software by adding to or deleting from the substance or structure | ||
185 | of said Licensed Software. | ||
186 | |||
187 | 3.3 Under claims of patents now or hereafter owned or controlled by Licensor, | ||
188 | to make, use, have made, and/or otherwise dispose of Licensed Software or | ||
189 | portions thereof, but solely to the extent that any such claim is necessary to | ||
190 | enable You to make, use, have made, and/or otherwise dispose of Licensed | ||
191 | Software or portions thereof. | ||
192 | |||
193 | 3.4 Licensor reserves the right to release new versions of the Software with | ||
194 | different features, specifications, capabilities, functions, licensing terms, | ||
195 | general availability or other characteristics. Title, ownership rights, and | ||
196 | intellectual property rights in and to the Licensed Software shall remain in | ||
197 | Licensor and/or its Contributors. | ||
198 | |||
199 | 4.0 Grant of License From Contributor. By application of the provisions in | ||
200 | Section 6 below, each Contributor hereby grants You a world-wide, royalty- | ||
201 | free, non-exclusive license, subject to said Contributor's intellectual | ||
202 | property rights, and any third party intellectual property claims derived from | ||
203 | the Licensed Software under this License, to do the following: | ||
204 | |||
205 | 4.1 Use, reproduce, modify, display, perform, sublicense and distribute any | ||
206 | Extensions Deployed by such Contributor or portions thereof, in both Source | ||
207 | Code form or as an executable program, either on an unmodified basis or as | ||
208 | part of Derivative Works. | ||
209 | |||
210 | 4.2 Under claims of patents now or hereafter owned or controlled by | ||
211 | Contributor, to make, use, have made, and/or otherwise dispose of Extensions | ||
212 | or portions thereof, but solely to the extent that any such claim is necessary | ||
213 | to enable You to make, use, have made, and/or otherwise dispose of | ||
214 | Licensed Software or portions thereof. | ||
215 | |||
216 | 5.0 Exclusions From License Grant. Nothing in this License shall be deemed to | ||
217 | grant any rights to trademarks, copyrights, patents, trade secrets or any | ||
218 | other intellectual property of Licensor or any Contributor except as expressly | ||
219 | stated herein. Except as expressly stated in Sections 3 and 4, no other patent | ||
220 | rights, express or implied, are granted herein. Your Extensions may require | ||
221 | additional patent licenses from Licensor or Contributors which each may grant | ||
222 | in its sole discretion. No right is granted to the trademarks of Licensor or | ||
223 | any Contributor even if such marks are included in the Licensed Software. | ||
224 | Nothing in this License shall be interpreted to prohibit Licensor from | ||
225 | licensing under different terms from this License any code that Licensor | ||
226 | otherwise would have a right to license. | ||
227 | |||
228 | 5.1 You expressly acknowledge and agree that although Licensor and each | ||
229 | Contributor grants the licenses to their respective portions of the Licensed | ||
230 | Software set forth herein, no assurances are provided by Licensor or any | ||
231 | Contributor that the Licensed Software does not infringe the patent or other | ||
232 | intellectual property rights of any other entity. Licensor and each | ||
233 | Contributor disclaim any liability to You for claims brought by any other | ||
234 | entity based on infringement of intellectual property rights or otherwise. As | ||
235 | a condition to exercising the rights and licenses granted hereunder, You | ||
236 | hereby assume sole responsibility to secure any other intellectual property | ||
237 | rights needed, if any. For example, if a third party patent license is | ||
238 | required to allow You to distribute the Licensed Software, it is Your | ||
239 | responsibility to acquire that license before distributing the Licensed | ||
240 | Software. | ||
241 | |||
242 | 6.0 Your Obligations And Grants. In consideration of, and as an express | ||
243 | condition to, the licenses granted to You under this License You hereby agree | ||
244 | that any Modifications, Derivative Works, or Required Components (collectively | ||
245 | Extensions) that You create or to which You contribute are governed by the | ||
246 | terms of this License including, without limitation, Section 4. Any Extensions | ||
247 | that You create or to which You contribute must be Deployed under the terms of | ||
248 | this License or a future version of this License released under Section 7. You | ||
249 | hereby grant to Licensor and all third parties a world-wide, non-exclusive, | ||
250 | royalty-free license under those intellectual property rights You own or | ||
251 | control to use, reproduce, display, perform, modify, create derivatives, | ||
252 | sublicense, and distribute Licensed Software, in any form. Any Extensions You | ||
253 | make and Deploy must have a distinct title so as to readily tell any | ||
254 | subsequent user or Contributor that the Extensions are by You. You must | ||
255 | include a copy of this License or directions on how to obtain a copy with | ||
256 | every copy of the Extensions You distribute. You agree not to offer or impose | ||
257 | any terms on any Source Code or executable version of the Licensed Software, | ||
258 | or its Extensions that alter or restrict the applicable version of this | ||
259 | License or the recipients' rights hereunder. | ||
260 | |||
261 | 6.1 Availability of Source Code. You must make available, under the terms of | ||
262 | this License, the Source Code of any Extensions that You Deploy, via an | ||
263 | Electronic Distribution Mechanism. The Source Code for any version that You | ||
264 | Deploy must be made available within one (1) month of when you Deploy and must | ||
265 | remain available for no less than twelve (12) months after the date You cease | ||
266 | to Deploy. You are responsible for ensuring that the Source Code to each | ||
267 | version You Deploy remains available even if the Electronic Distribution | ||
268 | Mechanism is maintained by a third party. You may not charge a fee for any | ||
269 | copy of the Source Code distributed under this Section in excess of Your | ||
270 | actual cost of duplication and distribution of said copy. | ||
271 | |||
272 | 6.2 Description of Modifications. You must cause any Modifications that You | ||
273 | create or to which You contribute to be documented in the Source Code, clearly | ||
274 | describing the additions, changes or deletions You made. You must include a | ||
275 | prominent statement that the Modifications are derived, directly or indirectly, | ||
276 | from the Licensed Software and include the names of the Licensor and any | ||
277 | Contributor to the Licensed Software in (i) the Source Code and (ii) in any | ||
278 | notice displayed by the Licensed Software You distribute or in related | ||
279 | documentation in which You describe the origin or ownership of the Licensed | ||
280 | Software. You may not modify or delete any pre-existing copyright notices, | ||
281 | change notices or License text in the Licensed Software without written | ||
282 | permission of the respective Licensor or Contributor. | ||
283 | |||
284 | 6.3 Intellectual Property Matters. | ||
285 | |||
286 | a. Third Party Claims. If You have knowledge that a license to a third party's | ||
287 | intellectual property right is required to exercise the rights granted by this | ||
288 | License, You must include a human-readable file with Your distribution that | ||
289 | describes the claim and the party making the claim in sufficient detail that a | ||
290 | recipient will know whom to contact. | ||
291 | |||
292 | b. Contributor APIs. If Your Extensions include an application programming | ||
293 | interface ("API") and You have knowledge of patent licenses that are | ||
294 | reasonably necessary to implement that API, You must also include this | ||
295 | information in a human-readable file supplied with Your distribution. | ||
296 | |||
297 | c. Representations. You represent that, except as disclosed pursuant to 6.3(a) | ||
298 | above, You believe that any Extensions You distribute are Your original | ||
299 | creations and that You have sufficient rights to grant the rights conveyed by | ||
300 | this License. | ||
301 | |||
302 | 6.4 Required Notices. | ||
303 | |||
304 | a. License Text. You must duplicate this License or instructions on how to | ||
305 | acquire a copy in any documentation You provide along with the Source Code of | ||
306 | any Extensions You create or to which You contribute, wherever You describe | ||
307 | recipients' rights relating to Licensed Software. | ||
308 | |||
309 | b. 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 | ||
311 | distribute | ||
312 | of the Licensed Software and Your Extensions. If You create an Extension, You | ||
313 | may add Your name as a Contributor to the Source Code and accompanying | ||
314 | documentation along with a description of the contribution. If it is not | ||
315 | possible to put the License Notice in a particular Source Code file due to its | ||
316 | structure, then You must include such License Notice in a location where a | ||
317 | user would be likely to look for such a notice. | ||
318 | |||
319 | c. Source Code Availability. You must notify the software community of the | ||
320 | availability of Source Code to Your Extensions within one (1) month of the date | ||
321 | You initially Deploy and include in such notification a description of the | ||
322 | Extensions, and instructions on how to acquire the Source Code. Should such | ||
323 | instructions change you must notify the software community of revised | ||
324 | instructions within one (1) month of the date of change. You must provide | ||
325 | notification by posting to appropriate news groups, mailing lists, weblogs, or | ||
326 | other sites where a publicly accessible search engine would reasonably be | ||
327 | expected to index your post in relationship to queries regarding the Licensed | ||
328 | Software and/or Your Extensions. | ||
329 | |||
330 | d. User-Visible Attribution. You must duplicate any notice contained in | ||
331 | EXHIBIT B (the "User-Visible Attribution Notice") in each user- | ||
332 | visible display | ||
333 | of the Licensed Software and Your Extensions which delineates copyright, | ||
334 | ownership, or similar attribution information. If You create an Extension, | ||
335 | You may add Your name as a Contributor, and add Your attribution notice, as an | ||
336 | equally visible and functional element of any User-Visible Attribution Notice | ||
337 | content. To ensure proper attribution, You must also include such User-Visible | ||
338 | Attribution Notice in at least one location in the Software documentation | ||
339 | where a user would be likely to look for such notice. | ||
340 | |||
341 | 6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, | ||
342 | support, indemnity or liability obligations to one or more recipients of | ||
343 | Licensed Software. However, You may do so only on Your own behalf, and not on | ||
344 | behalf of the Licensor or any Contributor except as permitted under other | ||
345 | agreements between you and Licensor or Contributor. You must make it clear that | ||
346 | any such warranty, support, indemnity or liability obligation is offered by You | ||
347 | alone, and You hereby agree to indemnify the Licensor and every Contributor for | ||
348 | any liability plus attorney fees, costs, and related expenses due to any such | ||
349 | action or claim incurred by the Licensor or such Contributor as a result of | ||
350 | warranty, support, indemnity or liability terms You offer. | ||
351 | |||
352 | 6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by | ||
353 | virtue of being Derivative Works of another product or similar circumstance, | ||
354 | fall under the terms of another license, the terms of that license should be | ||
355 | honored however You must also make Your Extensions available under this | ||
356 | License. If the terms of this License continue to conflict with the terms of | ||
357 | the other license you may write the Licensor for permission to resolve the | ||
358 | conflict in a fashion that remains consistent with the intent of this License. | ||
359 | Such permission will be granted at the sole discretion of the Licensor. | ||
360 | |||
361 | 7.0 Versions of This License. Licensor may publish from time to time revised | ||
362 | versions of the License. Once Licensed Software has been published under a | ||
363 | particular version of the License, You may always continue to use it under the | ||
364 | terms of that version. You may also choose to use such Licensed Software under | ||
365 | the terms of any subsequent version of the License published by Licensor. No | ||
366 | one other than Licensor has the right to modify the terms applicable to | ||
367 | Licensed Software created under this License. | ||
368 | |||
369 | 7.1 If You create or use a modified version of this License, which You may do | ||
370 | only in order to apply it to software that is not already Licensed Software | ||
371 | under this License, You must rename Your license so that it is not confusingly | ||
372 | similar to this License, and must make it clear that Your license contains | ||
373 | terms that differ from this License. In so naming Your license, You may not | ||
374 | use any trademark of Licensor or of any Contributor. Should Your modifications | ||
375 | to this License be limited to alteration of a) Section 13.8 solely to modify | ||
376 | the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define | ||
377 | License Notice text, or c) to EXHIBIT B solely to define a User-Visible | ||
378 | Attribution Notice, You may continue to refer to Your License as the | ||
379 | Reciprocal Public License or simply the RPL. | ||
380 | |||
381 | 8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE | ||
382 | ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR | ||
383 | IMPLIED, | ||
384 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE | ||
385 | OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. | ||
386 | FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED | ||
387 | THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF | ||
388 | PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR | ||
389 | RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT | ||
390 | ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION | ||
391 | OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE | ||
392 | LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY | ||
393 | RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST | ||
394 | OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS | ||
395 | LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE | ||
396 | UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN | ||
397 | THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS | ||
398 | OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS | ||
399 | LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS | ||
400 | DISCLAIMER. | ||
401 | |||
402 | 9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, | ||
403 | WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE | ||
404 | LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY | ||
405 | SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, | ||
406 | SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, | ||
407 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER | ||
408 | FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, | ||
409 | EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH | ||
410 | DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH | ||
411 | OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT | ||
412 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE | ||
413 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS | ||
414 | EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | ||
415 | |||
416 | 10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS | ||
417 | NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE | ||
418 | CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, | ||
419 | SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR | ||
420 | COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR | ||
421 | WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD | ||
422 | DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE | ||
423 | ("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY | ||
424 | DISCLAIM ANY | ||
425 | EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. | ||
426 | |||
427 | 11.0 Responsibility for Claims. As between Licensor and Contributors, each | ||
428 | party is responsible for claims and damages arising, directly or indirectly, | ||
429 | out of its utilization of rights under this License which specifically | ||
430 | disclaims warranties and limits any liability of the Licensor. This paragraph | ||
431 | is to be used in conjunction with and controlled by the Disclaimer Of | ||
432 | Warranties of Section 8, the Limitation Of Damages in Section 9, and the | ||
433 | disclaimer against use for High Risk Activities in Section 10. The Licensor | ||
434 | has thereby disclaimed all warranties and limited any damages that it is or | ||
435 | may be liable for. You agree to work with Licensor and Contributors to | ||
436 | distribute such responsibility on an equitable basis consistent with the terms | ||
437 | of this License including Sections 8, 9, and 10. Nothing herein is intended or | ||
438 | shall be deemed to constitute any admission of liability. | ||
439 | |||
440 | 12.0 Termination. This License and all rights granted hereunder will terminate | ||
441 | immediately in the event of the circumstances described in Section 13.6 or if | ||
442 | applicable law prohibits or restricts You from fully and or specifically | ||
443 | complying with Sections 3, 4 and/or 6, or prevents the enforceability of any | ||
444 | of those Sections, and You must immediately discontinue any use of Licensed | ||
445 | Software. | ||
446 | |||
447 | 12.1 Automatic Termination Upon Breach. This License and the rights granted | ||
448 | hereunder will terminate automatically if You fail to comply with the terms | ||
449 | herein and fail to cure such breach within thirty (30) days of becoming aware | ||
450 | of the breach. All sublicenses to the Licensed Software that are properly | ||
451 | granted shall survive any termination of this License. Provisions that, by | ||
452 | their nature, must remain in effect beyond the termination of this License, | ||
453 | shall survive. | ||
454 | |||
455 | 12.2 Termination Upon Assertion of Patent Infringement. If You initiate | ||
456 | litigation by asserting a patent infringement claim (excluding declaratory | ||
457 | judgment actions) against Licensor or a Contributor (Licensor or Contributor | ||
458 | against whom You file such an action is referred to herein as | ||
459 | "Respondent") | ||
460 | alleging that Licensed Software directly or indirectly infringes any patent, | ||
461 | then any and all rights granted by such Respondent to You under Sections 3 or | ||
462 | 4 of this License shall terminate prospectively upon sixty (60) days notice | ||
463 | from Respondent (the "Notice Period") unless within that Notice | ||
464 | Period You | ||
465 | either agree in writing (i) to pay Respondent a mutually agreeable reasonably | ||
466 | royalty for Your past or future use of Licensed Software made by such | ||
467 | Respondent, or (ii) withdraw Your litigation claim with respect to Licensed | ||
468 | Software against such Respondent. If within said Notice Period a reasonable | ||
469 | royalty and payment arrangement are not mutually agreed upon in writing by the | ||
470 | parties or the litigation claim is not withdrawn, the rights granted by | ||
471 | Licensor to You under Sections 3 and 4 automatically terminate at the | ||
472 | expiration of said Notice Period. | ||
473 | |||
474 | 12.3 Reasonable Value of This License. If You assert a patent infringement | ||
475 | claim against Respondent alleging that Licensed Software directly or | ||
476 | indirectly infringes any patent where such claim is resolved (such as by | ||
477 | license or settlement) prior to the initiation of patent infringement | ||
478 | litigation, then the reasonable value of the licenses granted by said | ||
479 | Respondent under Sections 3 and 4 shall be taken into account in determining | ||
480 | the amount or value of any payment or license. | ||
481 | |||
482 | 12.4 No Retroactive Effect of Termination. In the event of termination under | ||
483 | this Section all end user license agreements (excluding licenses to | ||
484 | distributors and resellers) that have been validly granted by You or any | ||
485 | distributor hereunder prior to termination shall survive termination. | ||
486 | |||
487 | 13.0 Miscellaneous. | ||
488 | |||
489 | 13.1 U.S. Government End Users. The Licensed Software is a "commercial | ||
490 | item," | ||
491 | as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of | ||
492 | "commercial computer software" and "commercial computer software | ||
493 | documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). | ||
494 | Consistent 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 | ||
496 | those rights set forth herein. | ||
497 | |||
498 | 13.2 Relationship of Parties. This License will not be construed as creating | ||
499 | an agency, partnership, joint venture, or any other form of legal association | ||
500 | between or among You, Licensor, or any Contributor, and You will not represent | ||
501 | to the contrary, whether expressly, by implication, appearance, or otherwise. | ||
502 | |||
503 | 13.3 Independent Development. Nothing in this License will impair Licensor's | ||
504 | right to acquire, license, develop, subcontract, market, or distribute | ||
505 | technology or products that perform the same or similar functions as, or | ||
506 | otherwise compete with, Extensions that You may develop, produce, market, or | ||
507 | distribute. | ||
508 | |||
509 | 13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to | ||
510 | enforce any provision of this License will not be deemed a waiver of future | ||
511 | enforcement | ||
512 | of that or any other provision. | ||
513 | |||
514 | 13.5 Severability. This License represents the complete agreement concerning | ||
515 | the subject matter hereof. If any provision of this License is held to be | ||
516 | unenforceable, such provision shall be reformed only to the extent necessary | ||
517 | to make it enforceable. | ||
518 | |||
519 | 13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for | ||
520 | You to comply with any of the terms of this License with respect to some or | ||
521 | all of the Licensed Software due to statute, judicial order, or regulation, | ||
522 | then You cannot use, modify, or distribute the software. | ||
523 | |||
524 | 13.7 Export Restrictions. You may be restricted with respect to downloading or | ||
525 | otherwise acquiring, exporting, or reexporting the Licensed Software or any | ||
526 | underlying information or technology by United States and other applicable | ||
527 | laws and regulations. By downloading or by otherwise obtaining the Licensed | ||
528 | Software, You are agreeing to be responsible for compliance with all | ||
529 | applicable laws and regulations. | ||
530 | |||
531 | 13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by | ||
532 | Colorado law provisions (except to the extent applicable law, if any, provides | ||
533 | otherwise), excluding its conflict-of-law provisions. You expressly agree that | ||
534 | any dispute relating to this License shall be submitted to binding arbitration | ||
535 | under the rules then prevailing of the American Arbitration Association. You | ||
536 | further agree that Adams County, Colorado USA is proper venue and grant such | ||
537 | arbitration proceeding jurisdiction as may be appropriate for purposes of | ||
538 | resolving any dispute under this License. Judgement upon any award made in | ||
539 | arbitration may be entered and enforced in any court of competent | ||
540 | jurisdiction. The arbitrator shall award attorney's fees and costs of | ||
541 | arbitration to the prevailing party. Should either party find it necessary to | ||
542 | enforce its arbitration award or seek specific performance of such award in a | ||
543 | civil court of competent jurisdiction, the prevailing party shall be entitled | ||
544 | to reasonable attorney's fees and costs. The application of the United Nations | ||
545 | Convention on Contracts for the International Sale of Goods is expressly | ||
546 | excluded. You and Licensor expressly waive any rights to a jury trial in any | ||
547 | litigation concerning Licensed Software or this License. Any law or regulation | ||
548 | that provides that the language of a contract shall be construed against the | ||
549 | drafter shall not apply to this License. | ||
550 | |||
551 | 13.9 Entire Agreement. This License constitutes the entire agreement between | ||
552 | the parties with respect to the subject matter hereof. | ||
553 | |||
554 | EXHIBIT A | ||
555 | |||
556 | The License Notice below must appear in each file of the Source Code of any | ||
557 | copy You distribute of the Licensed Software or any Extensions thereto: | ||
558 | |||
559 | Unless explicitly acquired and licensed from Licensor under another | ||
560 | license, the contents of this file are subject to the Reciprocal Public | ||
561 | License ("RPL") Version 1.5, or subsequent versions as allowed by the | ||
562 | RPL, | ||
563 | and You may not copy or use this file in either source code or executable | ||
564 | form, except in compliance with the terms and conditions of the RPL. | ||
565 | |||
566 | All software distributed under the RPL is provided strictly on an "AS | ||
567 | IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND | ||
568 | LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT | ||
569 | LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
570 | PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific | ||
571 | language governing rights and limitations under the RPL. | ||
572 | |||
573 | EXHIBIT B | ||
574 | |||
575 | The User-Visible Attribution Notice below, when provided, must appear in each | ||
576 | user-visible display as defined in Section 6.4 (d): | ||
577 | |||
578 | |||
579 | |||
580 | |||
581 | |||
582 | |||