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    1 Reciprocal Public License (RPL)
    2 
    3 Version 1.5, July 15, 2007
    4 
    5 Copyright (C) 2001-2007
    6 Technical Pursuit Inc.,
    7 All Rights Reserved.
    8 
    9 PREAMBLE
   10 
   11 The Reciprocal Public License (RPL) is based on the concept of reciprocity or,
   12 if you prefer, fairness.
   13 
   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".
   19 
   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.
   26 
   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".
   29 
   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.
   34 
   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.
   39 
   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).
   42 
   43 The specific terms and conditions of the license are defined in the remainder
   44 of this document.
   45 
   46 LICENSE TERMS
   47 
   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:
   55 
   56 1.1 "Contributor" means any person or entity who created or contributed to the
   57 creation of an Extension.
   58 
   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.
   65 
   66 1.3 "Derivative Works" as used in this License is defined under U.S. copyright
   67 law.
   68 
   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
   72 accessible.
   73 
   74 1.5 "Extensions" means any Modifications, Derivative Works, or Required
   75 Components as those terms are defined in this License.
   76 
   77 1.6 "License" means this Reciprocal Public License.
   78 
   79 1.7 "License Notice" means any notice contained in EXHIBIT A.
   80 
   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.
   84 
   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
   87 License.
   88 
   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.
   94 
   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.
  100 
  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.
  106 
  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
  109 uses.
  110 
  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.
  114 
  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.
  118 
  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.
  125 
  126 1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
  127 
  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.
  135 
  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.
  147 
  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:
  153 
  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.
  157 
  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.
  161 
  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.
  167 
  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.
  173 
  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:
  179 
  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.
  184 
  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.
  190 
  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.
  202 
  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
  215 Software.
  216 
  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.
  235 
  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.
  246 
  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.
  258 
  259 6.3 Intellectual Property Matters.
  260 
  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.
  266 
  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.
  271 
  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.
  276 
  277 6.4 Required Notices.
  278 
  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.
  283 
  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.
  292 
  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.
  303 
  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.
  313 
  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.
  324 
  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.
  333 
  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.
  341 
  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.
  353 
  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
  372 DISCLAIMER.
  373 
  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.
  387 
  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.
  397 
  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.
  410 
  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
  416 Software.
  417 
  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.
  425 
  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.
  442 
  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.
  450 
  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.
  455 
  456 13.0 Miscellaneous.
  457 
  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.
  465 
  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.
  470 
  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
  475 distribute.
  476 
  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.
  480 
  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.
  485 
  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.
  490 
  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.
  497 
  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.
  517 
  518 13.9 Entire Agreement. This License constitutes the entire agreement between
  519 the parties with respect to the subject matter hereof.
  520 
  521 EXHIBIT A
  522 
  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:
  525 
  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.
  531 
  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.
  538 
  539 EXHIBIT B
  540 
  541 The User-Visible Attribution Notice below, when provided, must appear in each
  542 user-visible display as defined in Section 6.4 (d):
  543