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-Reciprocal Public License 1.5 (RPL1.5)
-Reciprocal Public License (RPL)
-Version 1.5, July 15, 2007
-Copyright (C) 2001-2007
-Technical Pursuit Inc.,
-All Rights Reserved.
-PREAMBLE
-The Reciprocal Public License (RPL) is based on the concept of reciprocity or,
-if you prefer, fairness.
-In short, this license grew out of a desire to close loopholes in previous open
-source licenses, loopholes that allowed parties to acquire open source software
-and derive financial benefit from it without having to release their
-improvements or derivatives to the community which enabled them. This occurred
-any time an entity did not release their application to a "third
-party".
-While there is a certain freedom in this model of licensing, it struck the
-authors of the RPL as being unfair to the open source community at large and to
-the original authors of the works in particular. After all, bug fixes,
-extensions, and meaningful and valuable derivatives were not consistently
-finding their way back into the community where they could fuel further, and
-faster, growth and expansion of the overall open source software base.
-While you should clearly read and understand the entire license, the essence of
-the RPL is found in two definitions: "Deploy" and "Required
-Components".
-Regarding deployment, under the RPL your changes, bug fixes, extensions, etc.
-must be made available to the open source community at large when you Deploy in
-any form -- either internally or to an outside party. Once you start running
-the software you have to start sharing the software.
-Further, under the RPL all components you author including schemas, scripts,
-source code, etc. -- regardless of whether they're compiled into a single
-binary or used as two halves of client/server application -- must be shared.
-You have to share the whole pie, not an isolated slice of it.
-In addition to these goals, the RPL was authored to meet the requirements of
-the Open Source Definition as maintained by the Open Source Initiative (OSI).
-The specific terms and conditions of the license are defined in the remainder
-of this document.
-LICENSE TERMS
-1.0 General; Applicability &amp; Definitions. This Reciprocal Public License
-Version 1.5 ("License") applies to any programs or other works as
-well as any
-and all updates or maintenance releases of said programs or works
-("Software")
-not already covered by this License which the Software copyright holder
-("Licensor") makes available containing a License Notice (hereinafter
-defined)
-from the Licensor specifying or allowing use or distribution under the terms of
-this License. As used in this License:
-1.1 "Contributor" means any person or entity who created or
-contributed to the
-creation of an Extension.
-1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed
-Software
-other than for Your internal Research and/or Personal Use, and includes
-without limitation, any and all internal use or distribution of Licensed
-Software within Your business or organization other than for Research and/or
-Personal Use, as well as direct or indirect sublicensing or distribution of
-Licensed Software by You to any third party in any form or manner.
-1.3 "Derivative Works" as used in this License is defined under U.S.
-copyright
-law.
-1.4 "Electronic Distribution Mechanism" means a mechanism generally
-accepted
-in the software development community for the electronic transfer of data such
-as download from an FTP server or web site, where such mechanism is publicly
-accessible.
-1.5 "Extensions" means any Modifications, Derivative Works, or
-Required
-Components as those terms are defined in this License.
-1.6 "License" means this Reciprocal Public License.
-1.7 "License Notice" means any notice contained in EXHIBIT A.
-1.8 "Licensed Software" means any Software licensed pursuant to this
-License.
-Licensed Software also includes all previous Extensions from any Contributor
-that You receive.
-1.9 "Licensor" means the copyright holder of any Software previously
-not
-covered by this License who releases the Software under the terms of this
-License.
-1.10 "Modifications" means any additions to or deletions from the
-substance or
-structure of (i) a file or other storage containing Licensed Software, or (ii)
-any new file or storage that contains any part of Licensed Software, or (iii)
-any file or storage which replaces or otherwise alters the original
-functionality of Licensed Software at runtime.
-1.11 "Personal Use" means use of Licensed Software by an individual
-solely for
-his or her personal, private and non-commercial purposes. An individual's use
-of Licensed Software in his or her capacity as an officer, employee, member,
-independent contractor or agent of a corporation, business or organization
-(commercial or non-commercial) does not qualify as Personal Use.
-1.12 "Required Components" means any text, programs, scripts, schema,
-interface definitions, control files, or other works created by You which are
-required by a third party of average skill to successfully install and run
-Licensed Software containing Your Modifications, or to install and run Your
-Derivative Works.
-1.13 "Research" means investigation or experimentation for the
-purpose of
-understanding the nature and limits of the Licensed Software and its potential
-uses.
-1.14 "Serve" means to deliver Licensed Software and/or Your
-Extensions by
-means of a computer network to one or more computers for purposes of execution
-of Licensed Software and/or Your Extensions.
-1.15 "Software" means any computer programs or other works as well as
-any
-updates or maintenance releases of those programs or works which are
-distributed publicly by Licensor.
-1.16 "Source Code" means the preferred form for making modifications
-to the
-Licensed Software and/or Your Extensions, including all modules contained
-therein, plus any associated text, interface definition files, scripts used to
-control compilation and installation of an executable program or other
-components required by a third party of average skill to build a running
-version of the Licensed Software or Your Extensions.
-1.17 "User-Visible Attribution Notice" means any notice contained in
-EXHIBIT B.
-1.18 "You" or "Your" means an individual or a legal entity
-exercising rights
-under this License. For legal entities, "You" or "Your"
-includes any entity
-which controls, is controlled by, or is under common control with, You, where
-"control" means (a) the power, direct or indirect, to cause the
-direction or
-management of such entity, whether by contract or otherwise, or (b) ownership
-of fifty percent (50%) or more of the outstanding shares or beneficial
-ownership of such entity.
-2.0 Acceptance Of License. You are not required to accept this License since
-you have not signed it, however nothing else grants you permission to use,
-copy, distribute, modify, or create derivatives of either the Software or any
-Extensions created by a Contributor. These actions are prohibited by law if
-you do not accept this License. Therefore, by performing any of these actions
-You indicate Your acceptance of this License and Your agreement to be bound by
-all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
-CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR
-DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE
-TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE
-DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
-3.0 Grant of License From Licensor. Subject to the terms and conditions of
-this License, Licensor hereby grants You a world-wide, royalty-free, non-
-exclusive license, subject to Licensor's intellectual property rights, and any
-third party intellectual property claims derived from the Licensed Software
-under this License, to do the following:
-3.1 Use, reproduce, modify, display, perform, sublicense and distribute
-Licensed Software and Your Extensions in both Source Code form or as an
-executable program.
-3.2 Create Derivative Works (as that term is defined under U.S. copyright law)
-of Licensed Software by adding to or deleting from the substance or structure
-of said Licensed Software.
-3.3 Under claims of patents now or hereafter owned or controlled by Licensor,
-to make, use, have made, and/or otherwise dispose of Licensed Software or
-portions thereof, but solely to the extent that any such claim is necessary to
-enable You to make, use, have made, and/or otherwise dispose of Licensed
-Software or portions thereof.
-3.4 Licensor reserves the right to release new versions of the Software with
-different features, specifications, capabilities, functions, licensing terms,
-general availability or other characteristics. Title, ownership rights, and
-intellectual property rights in and to the Licensed Software shall remain in
-Licensor and/or its Contributors.
-4.0 Grant of License From Contributor. By application of the provisions in
-Section 6 below, each Contributor hereby grants You a world-wide, royalty-
-free, non-exclusive license, subject to said Contributor's intellectual
-property rights, and any third party intellectual property claims derived from
-the Licensed Software under this License, to do the following:
-4.1 Use, reproduce, modify, display, perform, sublicense and distribute any
-Extensions Deployed by such Contributor or portions thereof, in both Source
-Code form or as an executable program, either on an unmodified basis or as
-part of Derivative Works.
-4.2 Under claims of patents now or hereafter owned or controlled by
-Contributor, to make, use, have made, and/or otherwise dispose of Extensions
-or portions thereof, but solely to the extent that any such claim is necessary
-to enable You to make, use, have made, and/or otherwise dispose of
-Licensed Software or portions thereof.
-5.0 Exclusions From License Grant. Nothing in this License shall be deemed to
-grant any rights to trademarks, copyrights, patents, trade secrets or any
-other intellectual property of Licensor or any Contributor except as expressly
-stated herein. Except as expressly stated in Sections 3 and 4, no other patent
-rights, express or implied, are granted herein. Your Extensions may require
-additional patent licenses from Licensor or Contributors which each may grant
-in its sole discretion. No right is granted to the trademarks of Licensor or
-any Contributor even if such marks are included in the Licensed Software.
-Nothing in this License shall be interpreted to prohibit Licensor from
-licensing under different terms from this License any code that Licensor
-otherwise would have a right to license.
-5.1 You expressly acknowledge and agree that although Licensor and each
-Contributor grants the licenses to their respective portions of the Licensed
-Software set forth herein, no assurances are provided by Licensor or any
-Contributor that the Licensed Software does not infringe the patent or other
-intellectual property rights of any other entity. Licensor and each
-Contributor disclaim any liability to You for claims brought by any other
-entity based on infringement of intellectual property rights or otherwise. As
-a condition to exercising the rights and licenses granted hereunder, You
-hereby assume sole responsibility to secure any other intellectual property
-rights needed, if any. For example, if a third party patent license is
-required to allow You to distribute the Licensed Software, it is Your
-responsibility to acquire that license before distributing the Licensed
-Software.
-6.0 Your Obligations And Grants. In consideration of, and as an express
-condition to, the licenses granted to You under this License You hereby agree
-that any Modifications, Derivative Works, or Required Components (collectively
-Extensions) that You create or to which You contribute are governed by the
-terms of this License including, without limitation, Section 4. Any Extensions
-that You create or to which You contribute must be Deployed under the terms of
-this License or a future version of this License released under Section 7. You
-hereby grant to Licensor and all third parties a world-wide, non-exclusive,
-royalty-free license under those intellectual property rights You own or
-control to use, reproduce, display, perform, modify, create derivatives,
-sublicense, and distribute Licensed Software, in any form. Any Extensions You
-make and Deploy must have a distinct title so as to readily tell any
-subsequent user or Contributor that the Extensions are by You. You must
-include a copy of this License or directions on how to obtain a copy with
-every copy of the Extensions You distribute. You agree not to offer or impose
-any terms on any Source Code or executable version of the Licensed Software,
-or its Extensions that alter or restrict the applicable version of this
-License or the recipients' rights hereunder.
-6.1 Availability of Source Code. You must make available, under the terms of
-this License, the Source Code of any Extensions that You Deploy, via an
-Electronic Distribution Mechanism. The Source Code for any version that You
-Deploy must be made available within one (1) month of when you Deploy and must
-remain available for no less than twelve (12) months after the date You cease
-to Deploy. You are responsible for ensuring that the Source Code to each
-version You Deploy remains available even if the Electronic Distribution
-Mechanism is maintained by a third party. You may not charge a fee for any
-copy of the Source Code distributed under this Section in excess of Your
-actual cost of duplication and distribution of said copy.
-6.2 Description of Modifications. You must cause any Modifications that You
-create or to which You contribute to be documented in the Source Code, clearly
-describing the additions, changes or deletions You made. You must include a
-prominent statement that the Modifications are derived, directly or indirectly,
-from the Licensed Software and include the names of the Licensor and any
-Contributor to the Licensed Software in (i) the Source Code and (ii) in any
-notice displayed by the Licensed Software You distribute or in related
-documentation in which You describe the origin or ownership of the Licensed
-Software. You may not modify or delete any pre-existing copyright notices,
-change notices or License text in the Licensed Software without written
-permission of the respective Licensor or Contributor.
-6.3 Intellectual Property Matters.
-a. Third Party Claims. If You have knowledge that a license to a third party's
-intellectual property right is required to exercise the rights granted by this
-License, You must include a human-readable file with Your distribution that
-describes the claim and the party making the claim in sufficient detail that a
-recipient will know whom to contact.
-b. Contributor APIs. If Your Extensions include an application programming
-interface ("API") and You have knowledge of patent licenses that are
-reasonably necessary to implement that API, You must also include this
-information in a human-readable file supplied with Your distribution.
-c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
-above, You believe that any Extensions You distribute are Your original
-creations and that You have sufficient rights to grant the rights conveyed by
-this License.
-6.4 Required Notices.
-a. License Text. You must duplicate this License or instructions on how to
-acquire a copy in any documentation You provide along with the Source Code of
-any Extensions You create or to which You contribute, wherever You describe
-recipients' rights relating to Licensed Software.
-b. License Notice. You must duplicate any notice contained in EXHIBIT A (the
-"License Notice") in each file of the Source Code of any copy You
-distribute
-of the Licensed Software and Your Extensions. If You create an Extension, You
-may add Your name as a Contributor to the Source Code and accompanying
-documentation along with a description of the contribution. If it is not
-possible to put the License Notice in a particular Source Code file due to its
-structure, then You must include such License Notice in a location where a
-user would be likely to look for such a notice.
-c. Source Code Availability. You must notify the software community of the
-availability of Source Code to Your Extensions within one (1) month of the date
-You initially Deploy and include in such notification a description of the
-Extensions, and instructions on how to acquire the Source Code. Should such
-instructions change you must notify the software community of revised
-instructions within one (1) month of the date of change. You must provide
-notification by posting to appropriate news groups, mailing lists, weblogs, or
-other sites where a publicly accessible search engine would reasonably be
-expected to index your post in relationship to queries regarding the Licensed
-Software and/or Your Extensions.
-d. User-Visible Attribution. You must duplicate any notice contained in
-EXHIBIT B (the "User-Visible Attribution Notice") in each user-
-visible display
-of the Licensed Software and Your Extensions which delineates copyright,
-ownership, or similar attribution information. If You create an Extension,
-You may add Your name as a Contributor, and add Your attribution notice, as an
-equally visible and functional element of any User-Visible Attribution Notice
-content. To ensure proper attribution, You must also include such User-Visible
-Attribution Notice in at least one location in the Software documentation
-where a user would be likely to look for such notice.
-6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
-support, indemnity or liability obligations to one or more recipients of
-Licensed Software. However, You may do so only on Your own behalf, and not on
-behalf of the Licensor or any Contributor except as permitted under other
-agreements between you and Licensor or Contributor. You must make it clear that
-any such warranty, support, indemnity or liability obligation is offered by You
-alone, and You hereby agree to indemnify the Licensor and every Contributor for
-any liability plus attorney fees, costs, and related expenses due to any such
-action or claim incurred by the Licensor or such Contributor as a result of
-warranty, support, indemnity or liability terms You offer.
-6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
-virtue of being Derivative Works of another product or similar circumstance,
-fall under the terms of another license, the terms of that license should be
-honored however You must also make Your Extensions available under this
-License. If the terms of this License continue to conflict with the terms of
-the other license you may write the Licensor for permission to resolve the
-conflict in a fashion that remains consistent with the intent of this License.
-Such permission will be granted at the sole discretion of the Licensor.
-7.0 Versions of This License. Licensor may publish from time to time revised
-versions of the License. Once Licensed Software has been published under a
-particular version of the License, You may always continue to use it under the
-terms of that version. You may also choose to use such Licensed Software under
-the terms of any subsequent version of the License published by Licensor. No
-one other than Licensor has the right to modify the terms applicable to
-Licensed Software created under this License.
-7.1 If You create or use a modified version of this License, which You may do
-only in order to apply it to software that is not already Licensed Software
-under this License, You must rename Your license so that it is not confusingly
-similar to this License, and must make it clear that Your license contains
-terms that differ from this License. In so naming Your license, You may not
-use any trademark of Licensor or of any Contributor. Should Your modifications
-to this License be limited to alteration of a) Section 13.8 solely to modify
-the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define
-License Notice text, or c) to EXHIBIT B solely to define a User-Visible
-Attribution Notice, You may continue to refer to Your License as the
-Reciprocal Public License or simply the RPL.
-8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE
-ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
-IMPLIED,
-INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE
-OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
-FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED
-THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF
-PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR
-RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT
-ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION
-OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
-LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY
-RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST
-OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS
-LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE
-UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN
-THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS
-OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
-LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
-DISCLAIMER.
-9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
-WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
-LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY
-SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
-SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
-WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
-FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
-EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
-DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
-OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
-APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
-EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
-EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS
-NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE
-CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
-SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
-COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
-WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD
-DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
-("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY
-DISCLAIM ANY
-EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
-11.0 Responsibility for Claims. As between Licensor and Contributors, each
-party is responsible for claims and damages arising, directly or indirectly,
-out of its utilization of rights under this License which specifically
-disclaims warranties and limits any liability of the Licensor. This paragraph
-is to be used in conjunction with and controlled by the Disclaimer Of
-Warranties of Section 8, the Limitation Of Damages in Section 9, and the
-disclaimer against use for High Risk Activities in Section 10. The Licensor
-has thereby disclaimed all warranties and limited any damages that it is or
-may be liable for. You agree to work with Licensor and Contributors to
-distribute such responsibility on an equitable basis consistent with the terms
-of this License including Sections 8, 9, and 10. Nothing herein is intended or
-shall be deemed to constitute any admission of liability.
-12.0 Termination. This License and all rights granted hereunder will terminate
-immediately in the event of the circumstances described in Section 13.6 or if
-applicable law prohibits or restricts You from fully and or specifically
-complying with Sections 3, 4 and/or 6, or prevents the enforceability of any
-of those Sections, and You must immediately discontinue any use of Licensed
-Software.
-12.1 Automatic Termination Upon Breach. This License and the rights granted
-hereunder will terminate automatically if You fail to comply with the terms
-herein and fail to cure such breach within thirty (30) days of becoming aware
-of the breach. All sublicenses to the Licensed Software that are properly
-granted shall survive any termination of this License. Provisions that, by
-their nature, must remain in effect beyond the termination of this License,
-shall survive.
-12.2 Termination Upon Assertion of Patent Infringement. If You initiate
-litigation by asserting a patent infringement claim (excluding declaratory
-judgment actions) against Licensor or a Contributor (Licensor or Contributor
-against whom You file such an action is referred to herein as
-"Respondent")
-alleging that Licensed Software directly or indirectly infringes any patent,
-then any and all rights granted by such Respondent to You under Sections 3 or
-4 of this License shall terminate prospectively upon sixty (60) days notice
-from Respondent (the "Notice Period") unless within that Notice
-Period You
-either agree in writing (i) to pay Respondent a mutually agreeable reasonably
-royalty for Your past or future use of Licensed Software made by such
-Respondent, or (ii) withdraw Your litigation claim with respect to Licensed
-Software against such Respondent. If within said Notice Period a reasonable
-royalty and payment arrangement are not mutually agreed upon in writing by the
-parties or the litigation claim is not withdrawn, the rights granted by
-Licensor to You under Sections 3 and 4 automatically terminate at the
-expiration of said Notice Period.
-12.3 Reasonable Value of This License. If You assert a patent infringement
-claim against Respondent alleging that Licensed Software directly or
-indirectly infringes any patent where such claim is resolved (such as by
-license or settlement) prior to the initiation of patent infringement
-litigation, then the reasonable value of the licenses granted by said
-Respondent under Sections 3 and 4 shall be taken into account in determining
-the amount or value of any payment or license.
-12.4 No Retroactive Effect of Termination. In the event of termination under
-this Section all end user license agreements (excluding licenses to
-distributors and resellers) that have been validly granted by You or any
-distributor hereunder prior to termination shall survive termination.
-13.0 Miscellaneous.
-13.1 U.S. Government End Users. The Licensed Software is a "commercial
-item,"
-as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
-"commercial computer software" and "commercial computer software
-documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
-Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
-(June 1995), all U.S. Government End Users acquire Licensed Software with only
-those rights set forth herein.
-13.2 Relationship of Parties. This License will not be construed as creating
-an agency, partnership, joint venture, or any other form of legal association
-between or among You, Licensor, or any Contributor, and You will not represent
-to the contrary, whether expressly, by implication, appearance, or otherwise.
-13.3 Independent Development. Nothing in this License will impair Licensor's
-right to acquire, license, develop, subcontract, market, or distribute
-technology or products that perform the same or similar functions as, or
-otherwise compete with, Extensions that You may develop, produce, market, or
-distribute.
-13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to
-enforce any provision of this License will not be deemed a waiver of future
-enforcement
-of that or any other provision.
-13.5 Severability. This License represents the complete agreement concerning
-the subject matter hereof. If any provision of this License is held to be
-unenforceable, such provision shall be reformed only to the extent necessary
-to make it enforceable.
-13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for
-You to comply with any of the terms of this License with respect to some or
-all of the Licensed Software due to statute, judicial order, or regulation,
-then You cannot use, modify, or distribute the software.
-13.7 Export Restrictions. You may be restricted with respect to downloading or
-otherwise acquiring, exporting, or reexporting the Licensed Software or any
-underlying information or technology by United States and other applicable
-laws and regulations. By downloading or by otherwise obtaining the Licensed
-Software, You are agreeing to be responsible for compliance with all
-applicable laws and regulations.
-13.8 Arbitration, Jurisdiction &amp; Venue. This License shall be governed by
-Colorado law provisions (except to the extent applicable law, if any, provides
-otherwise), excluding its conflict-of-law provisions. You expressly agree that
-any dispute relating to this License shall be submitted to binding arbitration
-under the rules then prevailing of the American Arbitration Association. You
-further agree that Adams County, Colorado USA is proper venue and grant such
-arbitration proceeding jurisdiction as may be appropriate for purposes of
-resolving any dispute under this License. Judgement upon any award made in
-arbitration may be entered and enforced in any court of competent
-jurisdiction. The arbitrator shall award attorney's fees and costs of
-arbitration to the prevailing party. Should either party find it necessary to
-enforce its arbitration award or seek specific performance of such award in a
-civil court of competent jurisdiction, the prevailing party shall be entitled
-to reasonable attorney's fees and costs. The application of the United Nations
-Convention on Contracts for the International Sale of Goods is expressly
-excluded. You and Licensor expressly waive any rights to a jury trial in any
-litigation concerning Licensed Software or this License. Any law or regulation
-that provides that the language of a contract shall be construed against the
-drafter shall not apply to this License.
-13.9 Entire Agreement. This License constitutes the entire agreement between
-the parties with respect to the subject matter hereof.
-EXHIBIT A
-The License Notice below must appear in each file of the Source Code of any
-copy You distribute of the Licensed Software or any Extensions thereto:
-Unless explicitly acquired and licensed from Licensor under another
-license, the contents of this file are subject to the Reciprocal Public
-License ("RPL") Version 1.5, or subsequent versions as allowed by the
-RPL,
-and You may not copy or use this file in either source code or executable
-form, except in compliance with the terms and conditions of the RPL.
-All software distributed under the RPL is provided strictly on an "AS
-IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
-LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
-LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
-PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific
-language governing rights and limitations under the RPL.
-EXHIBIT B
-The User-Visible Attribution Notice below, when provided, must appear in each
-user-visible display as defined in Section 6.4 (d):