Patrick Williams | c124f4f | 2015-09-15 14:41:29 -0500 | [diff] [blame] | 1 | |
| 2 | Reciprocal Public License 1.5 (RPL1.5) |
| 3 | |
| 4 | Reciprocal Public License (RPL) |
| 5 | |
| 6 | Version 1.5, July 15, 2007 |
| 7 | |
| 8 | Copyright (C) 2001-2007 |
| 9 | Technical Pursuit Inc., |
| 10 | All Rights Reserved. |
| 11 | |
| 12 | PREAMBLE |
| 13 | |
| 14 | The Reciprocal Public License (RPL) is based on the concept of reciprocity or, |
| 15 | if you prefer, fairness. |
| 16 | |
| 17 | In short, this license grew out of a desire to close loopholes in previous open |
| 18 | source licenses, loopholes that allowed parties to acquire open source software |
| 19 | and derive financial benefit from it without having to release their |
| 20 | improvements or derivatives to the community which enabled them. This occurred |
| 21 | any time an entity did not release their application to a "third party". |
| 22 | |
| 23 | While there is a certain freedom in this model of licensing, it struck the |
| 24 | authors of the RPL as being unfair to the open source community at large and to |
| 25 | the original authors of the works in particular. After all, bug fixes, |
| 26 | extensions, and meaningful and valuable derivatives were not consistently |
| 27 | finding their way back into the community where they could fuel further, and |
| 28 | faster, growth and expansion of the overall open source software base. |
| 29 | |
| 30 | While you should clearly read and understand the entire license, the essence of |
| 31 | the RPL is found in two definitions: "Deploy" and "Required Components". |
| 32 | |
| 33 | Regarding deployment, under the RPL your changes, bug fixes, extensions, etc. |
| 34 | must be made available to the open source community at large when you Deploy in |
| 35 | any form -- either internally or to an outside party. Once you start running |
| 36 | the software you have to start sharing the software. |
| 37 | |
| 38 | Further, under the RPL all components you author including schemas, scripts, |
| 39 | source code, etc. -- regardless of whether they`re compiled into a single |
| 40 | binary or used as two halves of client/server application -- must be shared. |
| 41 | You have to share the whole pie, not an isolated slice of it. |
| 42 | |
| 43 | In addition to these goals, the RPL was authored to meet the requirements of |
| 44 | the Open Source Definition as maintained by the Open Source Initiative (OSI). |
| 45 | |
| 46 | The specific terms and conditions of the license are defined in the remainder |
| 47 | of this document. |
| 48 | |
| 49 | LICENSE TERMS |
| 50 | |
| 51 | 1.0 General; Applicability & Definitions. This Reciprocal Public License |
| 52 | Version 1.5 ("License") applies to any programs or other works as well as any |
| 53 | and all updates or maintenance releases of said programs or works ("Software") |
| 54 | not already covered by this License which the Software copyright holder |
| 55 | ("Licensor") makes available containing a License Notice (hereinafter defined) |
| 56 | from the Licensor specifying or allowing use or distribution under the terms of |
| 57 | this License. As used in this License: |
| 58 | |
| 59 | 1.1 "Contributor" means any person or entity who created or contributed to the |
| 60 | creation of an Extension. |
| 61 | |
| 62 | 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software |
| 63 | other than for Your internal Research and/or Personal Use, and includes |
| 64 | without limitation, any and all internal use or distribution of Licensed |
| 65 | Software within Your business or organization other than for Research and/or |
| 66 | Personal Use, as well as direct or indirect sublicensing or distribution of |
| 67 | Licensed Software by You to any third party in any form or manner. |
| 68 | |
| 69 | 1.3 "Derivative Works" as used in this License is defined under U.S. copyright |
| 70 | law. |
| 71 | |
| 72 | 1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted |
| 73 | in the software development community for the electronic transfer of data such |
| 74 | as download from an FTP server or web site, where such mechanism is publicly |
| 75 | accessible. |
| 76 | |
| 77 | 1.5 "Extensions" means any Modifications, Derivative Works, or Required |
| 78 | Components as those terms are defined in this License. |
| 79 | |
| 80 | 1.6 "License" means this Reciprocal Public License. |
| 81 | |
| 82 | 1.7 "License Notice" means any notice contained in EXHIBIT A. |
| 83 | |
| 84 | 1.8 "Licensed Software" means any Software licensed pursuant to this License. |
| 85 | Licensed Software also includes all previous Extensions from any Contributor |
| 86 | that You receive. |
| 87 | |
| 88 | 1.9 "Licensor" means the copyright holder of any Software previously not |
| 89 | covered by this License who releases the Software under the terms of this |
| 90 | License. |
| 91 | |
| 92 | 1.10 "Modifications" means any additions to or deletions from the substance or |
| 93 | structure of (i) a file or other storage containing Licensed Software, or (ii) |
| 94 | any new file or storage that contains any part of Licensed Software, or (iii) |
| 95 | any file or storage which replaces or otherwise alters the original |
| 96 | functionality of Licensed Software at runtime. |
| 97 | |
| 98 | 1.11 "Personal Use" means use of Licensed Software by an individual solely for |
| 99 | his or her personal, private and non-commercial purposes. An individual`s use |
| 100 | of Licensed Software in his or her capacity as an officer, employee, member, |
| 101 | independent contractor or agent of a corporation, business or organization |
| 102 | (commercial or non-commercial) does not qualify as Personal Use. |
| 103 | |
| 104 | 1.12 "Required Components" means any text, programs, scripts, schema, |
| 105 | interface definitions, control files, or other works created by You which are |
| 106 | required by a third party of average skill to successfully install and run |
| 107 | Licensed Software containing Your Modifications, or to install and run Your |
| 108 | Derivative Works. |
| 109 | |
| 110 | 1.13 "Research" means investigation or experimentation for the purpose of |
| 111 | understanding the nature and limits of the Licensed Software and its potential |
| 112 | uses. |
| 113 | |
| 114 | 1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by |
| 115 | means of a computer network to one or more computers for purposes of execution |
| 116 | of Licensed Software and/or Your Extensions. |
| 117 | |
| 118 | 1.15 "Software" means any computer programs or other works as well as any |
| 119 | updates or maintenance releases of those programs or works which are |
| 120 | distributed publicly by Licensor. |
| 121 | |
| 122 | 1.16 "Source Code" means the preferred form for making modifications to the |
| 123 | Licensed Software and/or Your Extensions, including all modules contained |
| 124 | therein, plus any associated text, interface definition files, scripts used to |
| 125 | control compilation and installation of an executable program or other |
| 126 | components required by a third party of average skill to build a running |
| 127 | version of the Licensed Software or Your Extensions. |
| 128 | |
| 129 | 1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B. |
| 130 | |
| 131 | 1.18 "You" or "Your" means an individual or a legal entity exercising rights |
| 132 | under this License. For legal entities, "You" or "Your" includes any entity |
| 133 | which controls, is controlled by, or is under common control with, You, where |
| 134 | "control" means (a) the power, direct or indirect, to cause the direction or |
| 135 | management of such entity, whether by contract or otherwise, or (b) ownership |
| 136 | of fifty percent (50%) or more of the outstanding shares or beneficial |
| 137 | ownership of such entity. |
| 138 | |
| 139 | 2.0 Acceptance Of License. You are not required to accept this License since |
| 140 | you have not signed it, however nothing else grants you permission to use, |
| 141 | copy, distribute, modify, or create derivatives of either the Software or any |
| 142 | Extensions created by a Contributor. These actions are prohibited by law if |
| 143 | you do not accept this License. Therefore, by performing any of these actions |
| 144 | You indicate Your acceptance of this License and Your agreement to be bound by |
| 145 | all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND |
| 146 | CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR |
| 147 | DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE |
| 148 | TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE |
| 149 | DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. |
| 150 | |
| 151 | 3.0 Grant of License From Licensor. Subject to the terms and conditions of |
| 152 | this License, Licensor hereby grants You a world-wide, royalty-free, non- |
| 153 | exclusive license, subject to Licensor`s intellectual property rights, and any |
| 154 | third party intellectual property claims derived from the Licensed Software |
| 155 | under this License, to do the following: |
| 156 | |
| 157 | 3.1 Use, reproduce, modify, display, perform, sublicense and distribute |
| 158 | Licensed Software and Your Extensions in both Source Code form or as an |
| 159 | executable program. |
| 160 | |
| 161 | 3.2 Create Derivative Works (as that term is defined under U.S. copyright law) |
| 162 | of Licensed Software by adding to or deleting from the substance or structure |
| 163 | of said Licensed Software. |
| 164 | |
| 165 | 3.3 Under claims of patents now or hereafter owned or controlled by Licensor, |
| 166 | to make, use, have made, and/or otherwise dispose of Licensed Software or |
| 167 | portions thereof, but solely to the extent that any such claim is necessary to |
| 168 | enable You to make, use, have made, and/or otherwise dispose of Licensed |
| 169 | Software or portions thereof. |
| 170 | |
| 171 | 3.4 Licensor reserves the right to release new versions of the Software with |
| 172 | different features, specifications, capabilities, functions, licensing terms, |
| 173 | general availability or other characteristics. Title, ownership rights, and |
| 174 | intellectual property rights in and to the Licensed Software shall remain in |
| 175 | Licensor and/or its Contributors. |
| 176 | |
| 177 | 4.0 Grant of License From Contributor. By application of the provisions in |
| 178 | Section 6 below, each Contributor hereby grants You a world-wide, royalty- |
| 179 | free, non-exclusive license, subject to said Contributor`s intellectual |
| 180 | property rights, and any third party intellectual property claims derived from |
| 181 | the Licensed Software under this License, to do the following: |
| 182 | |
| 183 | 4.1 Use, reproduce, modify, display, perform, sublicense and distribute any |
| 184 | Extensions Deployed by such Contributor or portions thereof, in both Source |
| 185 | Code form or as an executable program, either on an unmodified basis or as |
| 186 | part of Derivative Works. |
| 187 | |
| 188 | 4.2 Under claims of patents now or hereafter owned or controlled by |
| 189 | Contributor, to make, use, have made, and/or otherwise dispose of Extensions |
| 190 | or portions thereof, but solely to the extent that any such claim is necessary |
| 191 | to enable You to make, use, have made, and/or otherwise dispose of |
| 192 | Licensed Software or portions thereof. |
| 193 | |
| 194 | 5.0 Exclusions From License Grant. Nothing in this License shall be deemed to |
| 195 | grant any rights to trademarks, copyrights, patents, trade secrets or any |
| 196 | other intellectual property of Licensor or any Contributor except as expressly |
| 197 | stated herein. Except as expressly stated in Sections 3 and 4, no other patent |
| 198 | rights, express or implied, are granted herein. Your Extensions may require |
| 199 | additional patent licenses from Licensor or Contributors which each may grant |
| 200 | in its sole discretion. No right is granted to the trademarks of Licensor or |
| 201 | any Contributor even if such marks are included in the Licensed Software. |
| 202 | Nothing in this License shall be interpreted to prohibit Licensor from |
| 203 | licensing under different terms from this License any code that Licensor |
| 204 | otherwise would have a right to license. |
| 205 | |
| 206 | 5.1 You expressly acknowledge and agree that although Licensor and each |
| 207 | Contributor grants the licenses to their respective portions of the Licensed |
| 208 | Software set forth herein, no assurances are provided by Licensor or any |
| 209 | Contributor that the Licensed Software does not infringe the patent or other |
| 210 | intellectual property rights of any other entity. Licensor and each |
| 211 | Contributor disclaim any liability to You for claims brought by any other |
| 212 | entity based on infringement of intellectual property rights or otherwise. As |
| 213 | a condition to exercising the rights and licenses granted hereunder, You |
| 214 | hereby assume sole responsibility to secure any other intellectual property |
| 215 | rights needed, if any. For example, if a third party patent license is |
| 216 | required to allow You to distribute the Licensed Software, it is Your |
| 217 | responsibility to acquire that license before distributing the Licensed |
| 218 | Software. |
| 219 | |
| 220 | 6.0 Your Obligations And Grants. In consideration of, and as an express |
| 221 | condition to, the licenses granted to You under this License You hereby agree |
| 222 | that any Modifications, Derivative Works, or Required Components (collectively |
| 223 | Extensions) that You create or to which You contribute are governed by the |
| 224 | terms of this License including, without limitation, Section 4. Any Extensions |
| 225 | that You create or to which You contribute must be Deployed under the terms of |
| 226 | this License or a future version of this License released under Section 7. You |
| 227 | hereby grant to Licensor and all third parties a world-wide, non-exclusive, |
| 228 | royalty-free license under those intellectual property rights You own or |
| 229 | control to use, reproduce, display, perform, modify, create derivatives, |
| 230 | sublicense, and distribute Licensed Software, in any form. Any Extensions You |
| 231 | make and Deploy must have a distinct title so as to readily tell any |
| 232 | subsequent user or Contributor that the Extensions are by You. You must |
| 233 | include a copy of this License or directions on how to obtain a copy with |
| 234 | every copy of the Extensions You distribute. You agree not to offer or impose |
| 235 | any terms on any Source Code or executable version of the Licensed Software, |
| 236 | or its Extensions that alter or restrict the applicable version of this |
| 237 | License or the recipients` rights hereunder. |
| 238 | |
| 239 | 6.1 Availability of Source Code. You must make available, under the terms of |
| 240 | this License, the Source Code of any Extensions that You Deploy, via an |
| 241 | Electronic Distribution Mechanism. The Source Code for any version that You |
| 242 | Deploy must be made available within one (1) month of when you Deploy and must |
| 243 | remain available for no less than twelve (12) months after the date You cease |
| 244 | to Deploy. You are responsible for ensuring that the Source Code to each |
| 245 | version You Deploy remains available even if the Electronic Distribution |
| 246 | Mechanism is maintained by a third party. You may not charge a fee for any |
| 247 | copy of the Source Code distributed under this Section in excess of Your |
| 248 | actual cost of duplication and distribution of said copy. |
| 249 | |
| 250 | 6.2 Description of Modifications. You must cause any Modifications that You |
| 251 | create or to which You contribute to be documented in the Source Code, clearly |
| 252 | describing the additions, changes or deletions You made. You must include a |
| 253 | prominent statement that the Modifications are derived, directly or indirectly, |
| 254 | from the Licensed Software and include the names of the Licensor and any |
| 255 | Contributor to the Licensed Software in (i) the Source Code and (ii) in any |
| 256 | notice displayed by the Licensed Software You distribute or in related |
| 257 | documentation in which You describe the origin or ownership of the Licensed |
| 258 | Software. You may not modify or delete any pre-existing copyright notices, |
| 259 | change notices or License text in the Licensed Software without written |
| 260 | permission of the respective Licensor or Contributor. |
| 261 | |
| 262 | 6.3 Intellectual Property Matters. |
| 263 | |
| 264 | a. Third Party Claims. If You have knowledge that a license to a third party`s |
| 265 | intellectual property right is required to exercise the rights granted by this |
| 266 | License, You must include a human-readable file with Your distribution that |
| 267 | describes the claim and the party making the claim in sufficient detail that a |
| 268 | recipient will know whom to contact. |
| 269 | |
| 270 | b. Contributor APIs. If Your Extensions include an application programming |
| 271 | interface ("API") and You have knowledge of patent licenses that are |
| 272 | reasonably necessary to implement that API, You must also include this |
| 273 | information in a human-readable file supplied with Your distribution. |
| 274 | |
| 275 | c. Representations. You represent that, except as disclosed pursuant to 6.3(a) |
| 276 | above, You believe that any Extensions You distribute are Your original |
| 277 | creations and that You have sufficient rights to grant the rights conveyed by |
| 278 | this License. |
| 279 | |
| 280 | 6.4 Required Notices. |
| 281 | |
| 282 | a. License Text. You must duplicate this License or instructions on how to |
| 283 | acquire a copy in any documentation You provide along with the Source Code of |
| 284 | any Extensions You create or to which You contribute, wherever You describe |
| 285 | recipients` rights relating to Licensed Software. |
| 286 | |
| 287 | b. License Notice. You must duplicate any notice contained in EXHIBIT A (the |
| 288 | "License Notice") in each file of the Source Code of any copy You distribute |
| 289 | of the Licensed Software and Your Extensions. If You create an Extension, You |
| 290 | may add Your name as a Contributor to the Source Code and accompanying |
| 291 | documentation along with a description of the contribution. If it is not |
| 292 | possible to put the License Notice in a particular Source Code file due to its |
| 293 | structure, then You must include such License Notice in a location where a |
| 294 | user would be likely to look for such a notice. |
| 295 | |
| 296 | c. Source Code Availability. You must notify the software community of the |
| 297 | availability of Source Code to Your Extensions within one (1) month of the date |
| 298 | You initially Deploy and include in such notification a description of the |
| 299 | Extensions, and instructions on how to acquire the Source Code. Should such |
| 300 | instructions change you must notify the software community of revised |
| 301 | instructions within one (1) month of the date of change. You must provide |
| 302 | notification by posting to appropriate news groups, mailing lists, weblogs, or |
| 303 | other sites where a publicly accessible search engine would reasonably be |
| 304 | expected to index your post in relationship to queries regarding the Licensed |
| 305 | Software and/or Your Extensions. |
| 306 | |
| 307 | d. User-Visible Attribution. You must duplicate any notice contained in |
| 308 | EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display |
| 309 | of the Licensed Software and Your Extensions which delineates copyright, |
| 310 | ownership, or similar attribution information. If You create an Extension, |
| 311 | You may add Your name as a Contributor, and add Your attribution notice, as an |
| 312 | equally visible and functional element of any User-Visible Attribution Notice |
| 313 | content. To ensure proper attribution, You must also include such User-Visible |
| 314 | Attribution Notice in at least one location in the Software documentation |
| 315 | where a user would be likely to look for such notice. |
| 316 | |
| 317 | 6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, |
| 318 | support, indemnity or liability obligations to one or more recipients of |
| 319 | Licensed Software. However, You may do so only on Your own behalf, and not on |
| 320 | behalf of the Licensor or any Contributor except as permitted under other |
| 321 | agreements between you and Licensor or Contributor. You must make it clear that |
| 322 | any such warranty, support, indemnity or liability obligation is offered by You |
| 323 | alone, and You hereby agree to indemnify the Licensor and every Contributor for |
| 324 | any liability plus attorney fees, costs, and related expenses due to any such |
| 325 | action or claim incurred by the Licensor or such Contributor as a result of |
| 326 | warranty, support, indemnity or liability terms You offer. |
| 327 | |
| 328 | 6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by |
| 329 | virtue of being Derivative Works of another product or similar circumstance, |
| 330 | fall under the terms of another license, the terms of that license should be |
| 331 | honored however You must also make Your Extensions available under this |
| 332 | License. If the terms of this License continue to conflict with the terms of |
| 333 | the other license you may write the Licensor for permission to resolve the |
| 334 | conflict in a fashion that remains consistent with the intent of this License. |
| 335 | Such permission will be granted at the sole discretion of the Licensor. |
| 336 | |
| 337 | 7.0 Versions of This License. Licensor may publish from time to time revised |
| 338 | versions of the License. Once Licensed Software has been published under a |
| 339 | particular version of the License, You may always continue to use it under the |
| 340 | terms of that version. You may also choose to use such Licensed Software under |
| 341 | the terms of any subsequent version of the License published by Licensor. No |
| 342 | one other than Licensor has the right to modify the terms applicable to |
| 343 | Licensed Software created under this License. |
| 344 | |
| 345 | 7.1 If You create or use a modified version of this License, which You may do |
| 346 | only in order to apply it to software that is not already Licensed Software |
| 347 | under this License, You must rename Your license so that it is not confusingly |
| 348 | similar to this License, and must make it clear that Your license contains |
| 349 | terms that differ from this License. In so naming Your license, You may not |
| 350 | use any trademark of Licensor or of any Contributor. Should Your modifications |
| 351 | to this License be limited to alteration of a) Section 13.8 solely to modify |
| 352 | the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define |
| 353 | License Notice text, or c) to EXHIBIT B solely to define a User-Visible |
| 354 | Attribution Notice, You may continue to refer to Your License as the |
| 355 | Reciprocal Public License or simply the RPL. |
| 356 | |
| 357 | 8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE |
| 358 | ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, |
| 359 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE |
| 360 | OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
| 361 | FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED |
| 362 | THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF |
| 363 | PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR |
| 364 | RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT |
| 365 | ANY CONTRIBUTOR`S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION |
| 366 | OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE |
| 367 | LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY |
| 368 | RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST |
| 369 | OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS |
| 370 | LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE |
| 371 | UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN |
| 372 | THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS |
| 373 | OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS |
| 374 | LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
| 375 | DISCLAIMER. |
| 376 | |
| 377 | 9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, |
| 378 | WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE |
| 379 | LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY |
| 380 | SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, |
| 381 | SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, |
| 382 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER |
| 383 | FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, |
| 384 | EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH |
| 385 | DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH |
| 386 | OR PERSONAL INJURY RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT |
| 387 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
| 388 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS |
| 389 | EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| 390 | |
| 391 | 10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS |
| 392 | NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE |
| 393 | CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, |
| 394 | SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR |
| 395 | COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR |
| 396 | WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD |
| 397 | DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE |
| 398 | ("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY |
| 399 | EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. |
| 400 | |
| 401 | 11.0 Responsibility for Claims. As between Licensor and Contributors, each |
| 402 | party is responsible for claims and damages arising, directly or indirectly, |
| 403 | out of its utilization of rights under this License which specifically |
| 404 | disclaims warranties and limits any liability of the Licensor. This paragraph |
| 405 | is to be used in conjunction with and controlled by the Disclaimer Of |
| 406 | Warranties of Section 8, the Limitation Of Damages in Section 9, and the |
| 407 | disclaimer against use for High Risk Activities in Section 10. The Licensor |
| 408 | has thereby disclaimed all warranties and limited any damages that it is or |
| 409 | may be liable for. You agree to work with Licensor and Contributors to |
| 410 | distribute such responsibility on an equitable basis consistent with the terms |
| 411 | of this License including Sections 8, 9, and 10. Nothing herein is intended or |
| 412 | shall be deemed to constitute any admission of liability. |
| 413 | |
| 414 | 12.0 Termination. This License and all rights granted hereunder will terminate |
| 415 | immediately in the event of the circumstances described in Section 13.6 or if |
| 416 | applicable law prohibits or restricts You from fully and or specifically |
| 417 | complying with Sections 3, 4 and/or 6, or prevents the enforceability of any |
| 418 | of those Sections, and You must immediately discontinue any use of Licensed |
| 419 | Software. |
| 420 | |
| 421 | 12.1 Automatic Termination Upon Breach. This License and the rights granted |
| 422 | hereunder will terminate automatically if You fail to comply with the terms |
| 423 | herein and fail to cure such breach within thirty (30) days of becoming aware |
| 424 | of the breach. All sublicenses to the Licensed Software that are properly |
| 425 | granted shall survive any termination of this License. Provisions that, by |
| 426 | their nature, must remain in effect beyond the termination of this License, |
| 427 | shall survive. |
| 428 | |
| 429 | 12.2 Termination Upon Assertion of Patent Infringement. If You initiate |
| 430 | litigation by asserting a patent infringement claim (excluding declaratory |
| 431 | judgment actions) against Licensor or a Contributor (Licensor or Contributor |
| 432 | against whom You file such an action is referred to herein as "Respondent") |
| 433 | alleging that Licensed Software directly or indirectly infringes any patent, |
| 434 | then any and all rights granted by such Respondent to You under Sections 3 or |
| 435 | 4 of this License shall terminate prospectively upon sixty (60) days notice |
| 436 | from Respondent (the "Notice Period") unless within that Notice Period You |
| 437 | either agree in writing (i) to pay Respondent a mutually agreeable reasonably |
| 438 | royalty for Your past or future use of Licensed Software made by such |
| 439 | Respondent, or (ii) withdraw Your litigation claim with respect to Licensed |
| 440 | Software against such Respondent. If within said Notice Period a reasonable |
| 441 | royalty and payment arrangement are not mutually agreed upon in writing by the |
| 442 | parties or the litigation claim is not withdrawn, the rights granted by |
| 443 | Licensor to You under Sections 3 and 4 automatically terminate at the |
| 444 | expiration of said Notice Period. |
| 445 | |
| 446 | 12.3 Reasonable Value of This License. If You assert a patent infringement |
| 447 | claim against Respondent alleging that Licensed Software directly or |
| 448 | indirectly infringes any patent where such claim is resolved (such as by |
| 449 | license or settlement) prior to the initiation of patent infringement |
| 450 | litigation, then the reasonable value of the licenses granted by said |
| 451 | Respondent under Sections 3 and 4 shall be taken into account in determining |
| 452 | the amount or value of any payment or license. |
| 453 | |
| 454 | 12.4 No Retroactive Effect of Termination. In the event of termination under |
| 455 | this Section all end user license agreements (excluding licenses to |
| 456 | distributors and resellers) that have been validly granted by You or any |
| 457 | distributor hereunder prior to termination shall survive termination. |
| 458 | |
| 459 | 13.0 Miscellaneous. |
| 460 | |
| 461 | 13.1 U.S. Government End Users. The Licensed Software is a "commercial item," |
| 462 | as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of |
| 463 | "commercial computer software" and "commercial computer software |
| 464 | documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). |
| 465 | Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 |
| 466 | (June 1995), all U.S. Government End Users acquire Licensed Software with only |
| 467 | those rights set forth herein. |
| 468 | |
| 469 | 13.2 Relationship of Parties. This License will not be construed as creating |
| 470 | an agency, partnership, joint venture, or any other form of legal association |
| 471 | between or among You, Licensor, or any Contributor, and You will not represent |
| 472 | to the contrary, whether expressly, by implication, appearance, or otherwise. |
| 473 | |
| 474 | 13.3 Independent Development. Nothing in this License will impair Licensor`s |
| 475 | right to acquire, license, develop, subcontract, market, or distribute |
| 476 | technology or products that perform the same or similar functions as, or |
| 477 | otherwise compete with, Extensions that You may develop, produce, market, or |
| 478 | distribute. |
| 479 | |
| 480 | 13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to |
| 481 | enforce any provision of this License will not be deemed a waiver of future enforcement |
| 482 | of that or any other provision. |
| 483 | |
| 484 | 13.5 Severability. This License represents the complete agreement concerning |
| 485 | the subject matter hereof. If any provision of this License is held to be |
| 486 | unenforceable, such provision shall be reformed only to the extent necessary |
| 487 | to make it enforceable. |
| 488 | |
| 489 | 13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for |
| 490 | You to comply with any of the terms of this License with respect to some or |
| 491 | all of the Licensed Software due to statute, judicial order, or regulation, |
| 492 | then You cannot use, modify, or distribute the software. |
| 493 | |
| 494 | 13.7 Export Restrictions. You may be restricted with respect to downloading or |
| 495 | otherwise acquiring, exporting, or reexporting the Licensed Software or any |
| 496 | underlying information or technology by United States and other applicable |
| 497 | laws and regulations. By downloading or by otherwise obtaining the Licensed |
| 498 | Software, You are agreeing to be responsible for compliance with all |
| 499 | applicable laws and regulations. |
| 500 | |
| 501 | 13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by |
| 502 | Colorado law provisions (except to the extent applicable law, if any, provides |
| 503 | otherwise), excluding its conflict-of-law provisions. You expressly agree that |
| 504 | any dispute relating to this License shall be submitted to binding arbitration |
| 505 | under the rules then prevailing of the American Arbitration Association. You |
| 506 | further agree that Adams County, Colorado USA is proper venue and grant such |
| 507 | arbitration proceeding jurisdiction as may be appropriate for purposes of |
| 508 | resolving any dispute under this License. Judgement upon any award made in |
| 509 | arbitration may be entered and enforced in any court of competent |
| 510 | jurisdiction. The arbitrator shall award attorney`s fees and costs of |
| 511 | arbitration to the prevailing party. Should either party find it necessary to |
| 512 | enforce its arbitration award or seek specific performance of such award in a |
| 513 | civil court of competent jurisdiction, the prevailing party shall be entitled |
| 514 | to reasonable attorney`s fees and costs. The application of the United Nations |
| 515 | Convention on Contracts for the International Sale of Goods is expressly |
| 516 | excluded. You and Licensor expressly waive any rights to a jury trial in any |
| 517 | litigation concerning Licensed Software or this License. Any law or regulation |
| 518 | that provides that the language of a contract shall be construed against the |
| 519 | drafter shall not apply to this License. |
| 520 | |
| 521 | 13.9 Entire Agreement. This License constitutes the entire agreement between |
| 522 | the parties with respect to the subject matter hereof. |
| 523 | |
| 524 | EXHIBIT A |
| 525 | |
| 526 | The License Notice below must appear in each file of the Source Code of any |
| 527 | copy You distribute of the Licensed Software or any Extensions thereto: |
| 528 | |
| 529 | Unless explicitly acquired and licensed from Licensor under another |
| 530 | license, the contents of this file are subject to the Reciprocal Public |
| 531 | License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL, |
| 532 | and You may not copy or use this file in either source code or executable |
| 533 | form, except in compliance with the terms and conditions of the RPL. |
| 534 | |
| 535 | All software distributed under the RPL is provided strictly on an "AS |
| 536 | IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND |
| 537 | LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT |
| 538 | LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
| 539 | PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific |
| 540 | language governing rights and limitations under the RPL. |
| 541 | |
| 542 | EXHIBIT B |
| 543 | |
| 544 | The User-Visible Attribution Notice below, when provided, must appear in each |
| 545 | user-visible display as defined in Section 6.4 (d): |
| 546 | |