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