535 lines
31 KiB
Plaintext
535 lines
31 KiB
Plaintext
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Reciprocal Public License 1.5 (RPL1.5)
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Version 1.5, July 15, 2007
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Copyright (C) 2001-2007 Technical Pursuit Inc., All Rights Reserved.
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PREAMBLE
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The Reciprocal Public License (RPL) is based on the concept of reciprocity
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or, if you prefer, fairness.
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In short, this license grew out of a desire to close loopholes in previous
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open source licenses, loopholes that allowed parties to acquire open source
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software and derive financial benefit from it without having to release their
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improvements or derivatives to the community which enabled them. This occurred
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any time an entity did not release their application to a "third party".
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While there is a certain freedom in this model of licensing, it struck the
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authors of the RPL as being unfair to the open source community at large and
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to the original authors of the works in particular. After all, bug fixes,
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extensions, and meaningful and valuable derivatives were not consistently
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finding their way back into the community where they could fuel further, and
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faster, growth and expansion of the overall open source software base.
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While you should clearly read and understand the entire license, the essence
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of the RPL is found in two definitions: "Deploy" and "Required Components".
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Regarding deployment, under the RPL your changes, bug fixes, extensions, etc.
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must be made available to the open source community at large when you Deploy
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in any form -- either internally or to an outside party. Once you start running
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the software you have to start sharing the software.
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Further, under the RPL all components you author including schemas, scripts,
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source code, etc. -- regardless of whether they're compiled into a single
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binary or used as two halves of client/server application -- must be shared.
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You have to share the whole pie, not an isolated slice of it.
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In addition to these goals, the RPL was authored to meet the requirements
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of the Open Source Definition as maintained by the Open Source Initiative
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(OSI).
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The specific terms and conditions of the license are defined in the remainder
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of this document.
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LICENSE TERMS
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1.0 General; Applicability & Definitions. This Reciprocal Public License Version
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1.5 ("License") applies to any programs or other works as well as any and
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all updates or maintenance releases of said programs or works ("Software")
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not already covered by this License which the Software copyright holder ("Licensor")
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makes available containing a License Notice (hereinafter defined) from the
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Licensor specifying or allowing use or distribution under the terms of this
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License. As used in this License:
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1.1 "Contributor" means any person or entity who created or contributed to
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the creation of an Extension.
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1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
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other than for Your internal Research and/or Personal Use, and includes without
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limitation, any and all internal use or distribution of Licensed Software
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within Your business or organization other than for Research and/or Personal
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Use, as well as direct or indirect sublicensing or distribution of Licensed
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Software by You to any third party in any form or manner.
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1.3 "Derivative Works" as used in this License is defined under U.S. copyright
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law.
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1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data
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such as download from an FTP server or web site, where such mechanism is publicly
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accessible.
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1.5 "Extensions" means any Modifications, Derivative Works, or Required Components
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as those terms are defined in this License.
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1.6 "License" means this Reciprocal Public License.
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1.7 "License Notice" means any notice contained in EXHIBIT A.
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1.8 "Licensed Software" means any Software licensed pursuant to this License.
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Licensed Software also includes all previous Extensions from any Contributor
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that You receive.
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1.9 "Licensor" means the copyright holder of any Software previously not covered
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by this License who releases the Software under the terms of this License.
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1.10 "Modifications" means any additions to or deletions from the substance
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or structure of (i) a file or other storage containing Licensed Software,
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or (ii) any new file or storage that contains any part of Licensed Software,
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or (iii) any file or storage which replaces or otherwise alters the original
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functionality of Licensed Software at runtime.
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1.11 "Personal Use" means use of Licensed Software by an individual solely
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for his or her personal, private and non-commercial purposes. An individual's
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use of Licensed Software in his or her capacity as an officer, employee, member,
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independent contractor or agent of a corporation, business or organization
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(commercial or non-commercial) does not qualify as Personal Use.
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1.12 "Required Components" means any text, programs, scripts, schema, interface
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definitions, control files, or other works created by You which are required
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by a third party of average skill to successfully install and run Licensed
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Software containing Your Modifications, or to install and run Your Derivative
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Works.
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1.13 "Research" means investigation or experimentation for the purpose of
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understanding the nature and limits of the Licensed Software and its potential
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uses.
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1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by
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means of a computer network to one or more computers for purposes of execution
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of Licensed Software and/or Your Extensions.
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1.15 "Software" means any computer programs or other works as well as any
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updates or maintenance releases of those programs or works which are distributed
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publicly by Licensor.
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1.16 "Source Code" means the preferred form for making modifications to the
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Licensed Software and/or Your Extensions, including all modules contained
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therein, plus any associated text, interface definition files, scripts used
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to control compilation and installation of an executable program or other
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components required by a third party of average skill to build a running version
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of the Licensed Software or Your Extensions.
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1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT
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B.
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1.18 "You" or "Your" means an individual or a legal entity exercising rights
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under this License. For legal entities, "You" or "Your" includes any entity
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which controls, is controlled by, or is under common control with, You, where
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"control" means (a) the power, direct or indirect, to cause the direction
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or management of such entity, whether by contract or otherwise, or (b) ownership
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of fifty percent (50%) or more of the outstanding shares or beneficial ownership
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of such entity.
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2.0 Acceptance Of License. You are not required to accept this License since
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you have not signed it, however nothing else grants you permission to use,
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copy, distribute, modify, or create derivatives of either the Software or
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any Extensions created by a Contributor. These actions are prohibited by law
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if you do not accept this License. Therefore, by performing any of these actions
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You indicate Your acceptance of this License and Your agreement to be bound
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by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
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CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE
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THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND
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CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES,
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OR DISTRIBUTE THE SOFTWARE.
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3.0 Grant of License From Licensor. Subject to the terms and conditions of
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this License, Licensor hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to Licensor's intellectual property rights, and any third
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party intellectual property claims derived from the Licensed Software under
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this License, to do the following:
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3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed
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Software and Your Extensions in both Source Code form or as an executable
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program.
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3.2 Create Derivative Works (as that term is defined under U.S. copyright
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law) of Licensed Software by adding to or deleting from the substance or structure
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of said Licensed Software.
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3.3 Under claims of patents now or hereafter owned or controlled by Licensor,
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to make, use, have made, and/or otherwise dispose of Licensed Software or
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portions thereof, but solely to the extent that any such claim is necessary
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to enable You to make, use, have made, and/or otherwise dispose of Licensed
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Software or portions thereof.
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3.4 Licensor reserves the right to release new versions of the Software with
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different features, specifications, capabilities, functions, licensing terms,
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general availability or other characteristics. Title, ownership rights, and
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intellectual property rights in and to the Licensed Software shall remain
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in Licensor and/or its Contributors.
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4.0 Grant of License From Contributor. By application of the provisions in
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Section 6 below, each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to said Contributor's intellectual property
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rights, and any third party intellectual property claims derived from the
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Licensed Software under this License, to do the following:
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4.1 Use, reproduce, modify, display, perform, sublicense and distribute any
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Extensions Deployed by such Contributor or portions thereof, in both Source
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Code form or as an executable program, either on an unmodified basis or as
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part of Derivative Works.
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4.2 Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, have made, and/or otherwise dispose of Extensions or portions
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thereof, but solely to the extent that any such claim is necessary to enable
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You to make, use, have made, and/or otherwise dispose of Licensed Software
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or portions thereof.
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5.0 Exclusions From License Grant. Nothing in this License shall be deemed
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to grant any rights to trademarks, copyrights, patents, trade secrets or any
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other intellectual property of Licensor or any Contributor except as expressly
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stated herein. Except as expressly stated in Sections 3 and 4, no other patent
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rights, express or implied, are granted herein. Your Extensions may require
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additional patent licenses from Licensor or Contributors which each may grant
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in its sole discretion. No right is granted to the trademarks of Licensor
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or any Contributor even if such marks are included in the Licensed Software.
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Nothing in this License shall be interpreted to prohibit Licensor from licensing
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under different terms from this License any code that Licensor otherwise would
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have a right to license.
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5.1 You expressly acknowledge and agree that although Licensor and each Contributor
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grants the licenses to their respective portions of the Licensed Software
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set forth herein, no assurances are provided by Licensor or any Contributor
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that the Licensed Software does not infringe the patent or other intellectual
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property rights of any other entity. Licensor and each Contributor disclaim
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any liability to You for claims brought by any other entity based on infringement
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of intellectual property rights or otherwise. As a condition to exercising
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the rights and licenses granted hereunder, You hereby assume sole responsibility
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to secure any other intellectual property rights needed, if any. For example,
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if a third party patent license is required to allow You to distribute the
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Licensed Software, it is Your responsibility to acquire that license before
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distributing the Licensed Software.
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6.0 Your Obligations And Grants. In consideration of, and as an express condition
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to, the licenses granted to You under this License You hereby agree that any
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Modifications, Derivative Works, or Required Components (collectively Extensions)
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that You create or to which You contribute are governed by the terms of this
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License including, without limitation, Section 4. Any Extensions that You
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create or to which You contribute must be Deployed under the terms of this
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License or a future version of this License released under Section 7. You
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hereby grant to Licensor and all third parties a world-wide, non-exclusive,
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royalty-free license under those intellectual property rights You own or control
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to use, reproduce, display, perform, modify, create derivatives, sublicense,
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and distribute Licensed Software, in any form. Any Extensions You make and
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Deploy must have a distinct title so as to readily tell any subsequent user
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or Contributor that the Extensions are by You. You must include a copy of
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this License or directions on how to obtain a copy with every copy of the
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Extensions You distribute. You agree not to offer or impose any terms on any
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Source Code or executable version of the Licensed Software, or its Extensions
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that alter or restrict the applicable version of this License or the recipients'
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rights hereunder.
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6.1 Availability of Source Code. You must make available, under the terms
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of this License, the Source Code of any Extensions that You Deploy, via an
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Electronic Distribution Mechanism. The Source Code for any version that You
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Deploy must be made available within one (1) month of when you Deploy and
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must remain available for no less than twelve (12) months after the date You
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cease to Deploy. You are responsible for ensuring that the Source Code to
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each version You Deploy remains available even if the Electronic Distribution
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Mechanism is maintained by a third party. You may not charge a fee for any
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copy of the Source Code distributed under this Section in excess of Your actual
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cost of duplication and distribution of said copy.
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6.2 Description of Modifications. You must cause any Modifications that You
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create or to which You contribute to be documented in the Source Code, clearly
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describing the additions, changes or deletions You made. You must include
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a prominent statement that the Modifications are derived, directly or indirectly,
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from the Licensed Software and include the names of the Licensor and any Contributor
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to the Licensed Software in (i) the Source Code and (ii) in any notice displayed
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by the Licensed Software You distribute or in related documentation in which
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You describe the origin or ownership of the Licensed Software. You may not
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modify or delete any pre-existing copyright notices, change notices or License
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text in the Licensed Software without written permission of the respective
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Licensor or Contributor.
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6.3 Intellectual Property Matters.
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a. Third Party Claims. If You have knowledge that a license to a third party's
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intellectual property right is required to exercise the rights granted by
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this License, You must include a human-readable file with Your distribution
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that describes the claim and the party making the claim in sufficient detail
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that a recipient will know whom to contact.
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b. Contributor APIs. If Your Extensions include an application programming
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interface ("API") and You have knowledge of patent licenses that are reasonably
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necessary to implement that API, You must also include this information in
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a human-readable file supplied with Your distribution.
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c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
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above, You believe that any Extensions You distribute are Your original creations
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and that You have sufficient rights to grant the rights conveyed by this License.
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6.4 Required Notices.
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a. License Text. You must duplicate this License or instructions on how to
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acquire a copy in any documentation You provide along with the Source Code
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of any Extensions You create or to which You contribute, wherever You describe
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recipients' rights relating to Licensed Software.
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b. License Notice. You must duplicate any notice contained in EXHIBIT A (the
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"License Notice") in each file of the Source Code of any copy You distribute
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of the Licensed Software and Your Extensions. If You create an Extension,
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You may add Your name as a Contributor to the Source Code and accompanying
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documentation along with a description of the contribution. If it is not possible
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to put the License Notice in a particular Source Code file due to its structure,
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then You must include such License Notice in a location where a user would
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be likely to look for such a notice.
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c. Source Code Availability. You must notify the software community of the
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availability of Source Code to Your Extensions within one (1) month of the
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date You initially Deploy and include in such notification a description of
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the Extensions, and instructions on how to acquire the Source Code. Should
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such instructions change you must notify the software community of revised
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instructions within one (1) month of the date of change. You must provide
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notification by posting to appropriate news groups, mailing lists, weblogs,
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or other sites where a publicly accessible search engine would reasonably
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be expected to index your post in relationship to queries regarding the Licensed
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Software and/or Your Extensions.
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d. User-Visible Attribution. You must duplicate any notice contained in EXHIBIT
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B (the "User-Visible Attribution Notice") in each user-visible display of
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the Licensed Software and Your Extensions which delineates copyright, ownership,
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or similar attribution information. If You create an Extension, You may add
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Your name as a Contributor, and add Your attribution notice, as an equally
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visible and functional element of any User-Visible Attribution Notice content.
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To ensure proper attribution, You must also include such User-Visible Attribution
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Notice in at least one location in the Software documentation where a user
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would be likely to look for such notice.
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6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients of Licensed
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Software. However, You may do so only on Your own behalf, and not on behalf
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of the Licensor or any Contributor except as permitted under other agreements
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between you and Licensor or Contributor. You must make it clear that any such
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warranty, support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Licensor and every Contributor for any
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liability plus attorney fees, costs, and related expenses due to any such
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action or claim incurred by the Licensor or such Contributor as a result of
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warranty, support, indemnity or liability terms You offer.
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6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
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virtue of being Derivative Works of another product or similar circumstance,
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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):
|