| |
| 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 & 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 & 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): |
| |