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  1. Reciprocal Public License, version 1.1
  2. Copyright (C) 2001-2002 Technical Pursuit Inc., All Rights Reserved. PREAMBLE
  3. This Preamble is intended to describe, in plain English, the nature, intent,
  4. and scope of this License. However, this Preamble is not a part of this License.
  5. The legal effect of this License is dependent only upon the terms of the License
  6. and not this Preamble.
  7. This License is based on the concept of reciprocity. In exchange for being
  8. granted certain rights under the terms of this License to Licensor's Software,
  9. whose Source Code You have access to, You are required to reciprocate by providing
  10. equal access and rights to all third parties to the Source Code of any Modifications,
  11. Derivative Works, and Required Components for execution of same (collectively
  12. defined as Extensions) that You Deploy by Deploying Your Extensions under
  13. the terms of this License. In this fashion the available Source Code related
  14. to the original Licensed Software is enlarged for the benefit of everyone.
  15. Under the terms of this License You may:
  16. a. Distribute the Licensed Software exactly as You received it under the terms
  17. of this License either alone or as a component of an aggregate software distribution
  18. containing programs from several different sources without payment of a royalty
  19. or other fee.
  20. b. Use the Licensed Software for any purpose consistent with the rights granted
  21. by this License, but the Licensor is not providing You any warranty whatsoever,
  22. nor is the Licensor accepting any liability in the event that the Licensed
  23. Software doesn't work properly or causes You any injury or damages.
  24. c. Create Extensions to the Licensed Software consistent with the rights granted
  25. by this License, provided that You make the Source Code to any Extensions
  26. You Deploy available to all third parties under the terms of this License,
  27. document Your Modifications clearly, and title all Extensions distinctly from
  28. the Licensed Software.
  29. d. Charge a fee for warranty or support, or for accepting indemnity or liability
  30. obligations for Your customers.
  31. Under the terms of this License You may not:
  32. a. Charge for the Source Code to the Licensed Software, or Your Extensions,
  33. other than a nominal fee not to exceed Your cost for reproduction and distribution
  34. where such reproduction and distribution involve physical media.
  35. b. Modify or delete any pre-existing copyright notices, change notices, or
  36. License text in the Licensed Software.
  37. c. Assert any patent claims against the Licensor or Contributors, or which
  38. would in any way restrict the ability of any third party to use the Licensed
  39. Software or portions thereof in any form under the terms of this License,
  40. or Your rights to the Licensed Software under this License automatically terminate.
  41. d. Represent either expressly or by implication, appearance, or otherwise
  42. that You represent Licensor or
  43. Contributors in any capacity or that You have any form of legal association
  44. by virtue of this License.
  45. Under the terms of this License You must:
  46. a. Document any Modifications You make to the Licensed Software including
  47. the nature of the change, the authors of the change, and the date of the change.
  48. This documentation must appear both in the Source Code and in a text file
  49. titled "CHANGES" distributed with the Licensed Software and Your Extensions.
  50. b. Make the Source Code for any Extensions You Deploy available in a timely
  51. fashion via an Electronic Distribution Mechanism such as FTP or HTTP download.
  52. c. Notify the Licensor of the availability of Source Code to Your Extensions
  53. in a timely fashion and include in such notice a brief description of the
  54. Extensions, the distinctive title used, and instructions on how to acquire
  55. the Source Code and future updates.
  56. d. Grant Licensor and all third parties a world-wide, non-exclusive, royalty-free
  57. license under any intellectual property rights owned or controlled by You
  58. to use, reproduce, display, perform, modify, sublicense, and distribute Your
  59. Extensions, in any form, under the terms of this License.
  60. LICENSE TERMS
  61. 1.0 General; Applicability & Definitions. This Reciprocal Public License Version
  62. 1.1 ("License") applies to any programs or other works as well as any and
  63. all updates or maintenance releases of said programs or works ("Software")
  64. not already covered by this License which the Software copyright holder ("Licensor")
  65. makes publicly available containing a Notice (hereinafter defined) from the
  66. Licensor specifying or allowing use or distribution under the terms of this
  67. License. As used in this License and Preamble:
  68. 1.1 "Contributor" means any person or entity who created or contributed to
  69. the creation of an Extension.
  70. 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
  71. other than for Your internal Research and/or Personal Use, and includes without
  72. limitation, any and all internal use or distribution of Licensed Software
  73. within Your business or organization other than for Research and/or Personal
  74. Use, as well as direct or indirect sublicensing or distribution of Licensed
  75. Software by You to any third party in any form or manner.
  76. 1.3 "Derivative Works" as used in this License is defined under U.S. copyright
  77. law.
  78. 1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted
  79. in the software development community for the electronic transfer of data
  80. such as download from an FTP or web site, where such mechanism is publicly
  81. accessible.
  82. 1.5 "Extensions" means any Modifications, Derivative Works, or Required Components
  83. as those terms are defined in this License.
  84. 1.6 "License" means this Reciprocal Public License.
  85. 1.7 "Licensed Software" means any Software licensed pursuant to this License.
  86. Licensed Software also includes all previous Extensions from any Contributor
  87. that You receive.
  88. 1.8 "Licensor" means the copyright holder of any Software previously uncovered
  89. by this License who releases the Software under the terms of this License.
  90. 1.9 "Modifications" means any additions to or deletions from the substance
  91. or structure of (i) a file or other storage containing Licensed Software,
  92. or (ii) any new file or storage that contains any part of Licensed Software,
  93. or (iii) any file or storage which replaces or otherwise alters the original
  94. functionality of Licensed Software at runtime.
  95. 1.10 "Notice" means the notice contained in EXHIBIT A.
  96. 1.11 "Personal Use" means use of Licensed Software by an individual solely
  97. for his or her personal, private and non-commercial purposes. An individual's
  98. use of Licensed Software in his or her capacity as an officer, employee, member,
  99. independent contractor or agent of a corporation, business or organization
  100. (commercial or non-commercial) does not qualify as Personal Use.
  101. 1.12 "Required Components" means any text, programs, scripts, schema, interface
  102. definitions, control files, or other works created by You which are required
  103. by a third party of average skill to successfully install and run Licensed
  104. Software containing Your Modifications, or to install and run Your Derivative
  105. Works.
  106. 1.13 "Research" means investigation or experimentation for the purpose of
  107. understanding the nature and limits of the Licensed Software and its potential
  108. uses.
  109. 1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by
  110. means of a computer network to one or more computers for purposes of execution
  111. of Licensed Software and/or Your Extensions.
  112. 1.15 "Software" means any computer programs or other works as well as any
  113. updates or maintenance releases of those programs or works which are distributed
  114. publicly by Licensor.
  115. 1.16 "Source Code" means the preferred form for making modifications to the
  116. Licensed Software and/or Your Extensions, including all modules contained
  117. therein, plus any associated text, interface definition files, scripts used
  118. to control compilation and installation of an executable program or other
  119. components required by a third party of average skill to build a running version
  120. of the Licensed Software or Your Extensions.
  121. 1.17 "You" or "Your" means an individual or a legal entity exercising rights
  122. under this License. For legal entities, "You" or "Your" includes any entity
  123. which controls, is controlled by, or is under common control with, You, where
  124. "control" means (a) the power, direct or indirect, to cause the direction
  125. or management of such entity, whether by contract or otherwise, or (b) ownership
  126. of fifty percent (50%) or more of the outstanding shares or beneficial ownership
  127. of such entity.
  128. 2.0 Acceptance Of License. You are not required to accept this License since
  129. you have not signed it, however nothing else grants you permission to use,
  130. copy, distribute, modify, or create derivatives of either the Software or
  131. any Extensions created by a Contributor. These actions are prohibited by law
  132. if you do not accept this License. Therefore, by performing any of these actions
  133. You indicate Your acceptance of this License and Your agreement to be bound
  134. by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
  135. CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE
  136. THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND
  137. CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES,
  138. OR DISTRIBUTE THE SOFTWARE.
  139. 3.0 Grant of License From Licensor. Subject to the terms and conditions of
  140. this License, Licensor hereby grants You a world-wide, royalty-free, non-exclusive
  141. license, subject to Licensor's intellectual property rights, and any third
  142. party intellectual property claims derived from the Licensed Software under
  143. this License, to do the following:
  144. 3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed
  145. Software and Your Extensions in both Source Code form or as an executable
  146. program.
  147. 3.2 Create Derivative Works (as that term is defined under U.S. copyright
  148. law) of Licensed Software by adding to or deleting from the substance or structure
  149. of said Licensed Software.
  150. 3.3 Under claims of patents now or hereafter owned or controlled by Licensor,
  151. to make, use, have made, and/or otherwise dispose of Licensed Software or
  152. portions thereof, but solely to the extent that any such claim is necessary
  153. to enable You to make, use, have made, and/or otherwise dispose of Licensed
  154. Software or portions thereof.
  155. 3.4 Licensor reserves the right to release new versions of the Software with
  156. different features, specifications, capabilities, functions, licensing terms,
  157. general availability or other characteristics. Title, ownership rights, and
  158. intellectual property rights in and to the Licensed Software shall remain
  159. in Licensor and/or its Contributors.
  160. 4.0 Grant of License From Contributor. By application of the provisions in
  161. Section 6 below, each Contributor hereby grants You a world-wide, royalty-free,
  162. non-exclusive license, subject to said Contributor's intellectual property
  163. rights, and any third party intellectual property claims derived from the
  164. Licensed Software under this License, to do the following:
  165. 4.1 Use, reproduce, modify, display, perform, sublicense and distribute any
  166. Extensions Deployed by such Contributor or portions thereof, in both Source
  167. Code form or as an executable program, either on an unmodified basis or as
  168. part of Derivative Works.
  169. 4.2 Under claims of patents now or hereafter owned or controlled by Contributor,
  170. to make, use, have made, and/or otherwise dispose of Extensions or portions
  171. thereof, but solely to the extent that any such claim is necessary to enable
  172. You to make, use, have made, and/or otherwise dispose of Contributor's Extensions
  173. or portions thereof.
  174. 5.0 Exclusions From License Grant. Nothing in this License shall be deemed
  175. to grant any rights to trademarks, copyrights, patents, trade secrets or any
  176. other intellectual property of Licensor or any Contributor except as expressly
  177. stated herein. Except as expressly stated in Sections 3 and 4, no other patent
  178. rights, express or implied, are granted herein. Your Extensions may require
  179. additional patent licenses from Licensor or Contributors which each may grant
  180. in its sole discretion. No right is granted to the trademarks of Licensor
  181. or any Contributor even if such marks are included in the Licensed Software.
  182. Nothing in this License shall be interpreted to prohibit Licensor from licensing
  183. under different terms from this License any code that Licensor otherwise would
  184. have a right to license.
  185. 5.1 You expressly acknowledge and agree that although Licensor and each Contributor
  186. grants the licenses to their respective portions of the Licensed Software
  187. set forth herein, no assurances are provided by Licensor or any Contributor
  188. that the Licensed Software does not infringe the patent or other intellectual
  189. property rights of any other entity. Licensor and each Contributor disclaim
  190. any liability to You for claims brought by any other entity based on infringement
  191. of intellectual property rights or otherwise. As a condition to exercising
  192. the rights and licenses granted hereunder, You hereby assume sole responsibility
  193. to secure any other intellectual property rights needed, if any. For example,
  194. if a third party patent license is required to allow You to distribute the
  195. Licensed Software, it is Your responsibility to acquire that license before
  196. distributing the Licensed Software.
  197. 6.0 Your Obligations And Grants. In consideration of, and as an express condition
  198. to, the licenses granted to You under this License You hereby agree that any
  199. Modifications, Derivative Works, or Required Components (collectively Extensions)
  200. that You create or to which You contribute are governed by the terms of this
  201. License including, without limitation, Section 4. Any Extensions that You
  202. create or to which You contribute must be Deployed under the terms of this
  203. License or a future version of this License released under Section 7. You
  204. hereby grant to Licensor and all third parties a world-wide, non-exclusive,
  205. royalty-free license under those intellectual property rights You own or control
  206. to use, reproduce, display, perform, modify, create derivatives, sublicense,
  207. and distribute Your Extensions, in any form. Any Extensions You make and Deploy
  208. must have a distinct title so as to readily tell any subsequent user or Contributor
  209. that the Extensions are by You. You must include a copy of this License with
  210. every copy of the Extensions You distribute. You agree not to offer or impose
  211. any terms on any Source Code or executable version of the Licensed Software,
  212. or its Extensions that alter or restrict the applicable version of this License
  213. or the recipients' rights hereunder.
  214. 6.1 Availability of Source Code. You must make available, under the terms
  215. of this License, the Source Code of the Licensed Software and any Extensions
  216. that You Deploy, either on the same media as You distribute any executable
  217. or other form of the Licensed Software, or via an Electronic Distribution
  218. Mechanism. The Source Code for any version of Licensed Software, or its Extensions
  219. that You Deploy must be made available at the time of Deployment and must
  220. remain available for as long as You Deploy the Extensions or at least twelve
  221. (12) months after the date You Deploy, whichever is longer. You are responsible
  222. for ensuring that the Source Code version remains available even if the Electronic
  223. Distribution Mechanism is maintained by a third party. You may not charge
  224. a fee for the Source Code distributed under this Section in excess of Your
  225. actual cost of duplication and distribution where such duplication and distribution
  226. involve physical media.
  227. 6.2 Description of Modifications. You must cause any Modifications that You
  228. create or to which You contribute, to update the file titled "CHANGES" distributed
  229. with Licensed Software documenting the additions, changes or deletions You
  230. made, the authors of such Modifications, and the dates of any such additions,
  231. changes or deletions. You must also cause a cross-reference to appear in the
  232. Source Code at the location of each change. You must include a prominent statement
  233. that the Modifications are derived, directly or indirectly, from the Licensed
  234. Software and include the names of the Licensor and any Contributor to the
  235. Licensed Software in (i) the Source Code and (ii) in any notice displayed
  236. by the Licensed Software You distribute or in related documentation in which
  237. You describe the origin or ownership of the Licensed Software. You may not
  238. modify or delete any pre-existing copyright notices, change notices or License
  239. text in the Licensed Software.
  240. 6.3 Intellectual Property Matters.
  241. a. Third Party Claims. If You have knowledge that a license to a third party's
  242. intellectual property right is required to exercise the rights granted by
  243. this License, You must include a text file with the Source Code distribution
  244. titled "LEGAL" that describes the claim and the party making the claim in
  245. sufficient detail that a recipient will know whom to contact. If You obtain
  246. such knowledge after You make any Extensions available as described in Section
  247. 6.1, You shall promptly modify the LEGAL file in all copies You make available
  248. thereafter and shall take other steps (such as notifying appropriate mailing
  249. lists or newsgroups) reasonably calculated to inform those who received the
  250. Licensed Software from You that new knowledge has been obtained.
  251. b. Contributor APIs. If Your Extensions include an application programming
  252. interface ("API") and You have knowledge of patent licenses that are reasonably
  253. necessary to implement that API, You must also include this information in
  254. the LEGAL file.
  255. c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
  256. above, You believe that any Extensions You distribute are Your original creations
  257. and that You have sufficient rights to grant the rights conveyed by this License.
  258. 6.4 Required Notices.
  259. a. License Text. You must duplicate this License in any documentation You
  260. provide along with the Source Code of any Extensions You create or to which
  261. You contribute, wherever You describe recipients' rights relating to Licensed
  262. Software. You must duplicate the notice contained in EXHIBIT A (the "Notice")
  263. in each file of the Source Code of any copy You distribute of the Licensed
  264. Software and Your Extensions. If You create an Extension, You may add Your
  265. name as a Contributor to the text file titled "CONTRIB" distributed with the
  266. Licensed Software along with a description of the contribution. If it is not
  267. possible to put the Notice in a particular Source Code file due to its structure,
  268. then You must include such Notice in a location (such as a relevant directory
  269. file) where a user would be likely to look for such a notice.
  270. b. Source Code Availability. You must notify Licensor within one (1) month
  271. of the date You initially Deploy of the availability of Source Code to Your
  272. Extensions and include in such notification the name under which you Deployed
  273. Your Extensions, a description of the Extensions, and instructions on how
  274. to acquire the Source Code, including instructions on how to acquire updates
  275. over time. Should such instructions change you must provide Licensor with
  276. revised instructions within one (1) month of the date of change. Should you
  277. be unable to notify Licensor directly, you must provide notification by posting
  278. to appropriate news groups, mailing lists, or web sites where a search engine
  279. would reasonably be expected to index them.
  280. 6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
  281. support, indemnity or liability obligations to one or more recipients of Licensed
  282. Software. However, You may do so only on Your own behalf, and not on behalf
  283. of the Licensor or any Contributor. You must make it clear that any such warranty,
  284. support, indemnity or liability obligation is offered by You alone, and You
  285. hereby agree to indemnify the Licensor and every Contributor for any liability
  286. plus attorney fees, costs, and related expenses due to any such action or
  287. claim incurred by the Licensor or such Contributor as a result of warranty,
  288. support, indemnity or liability terms You offer.
  289. 6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
  290. virtue of being Derivative Works of another product or similar circumstance,
  291. fall under the terms of another license, the terms of that license should
  292. be honored however You must also make Your Extensions available under this
  293. License. If the terms of this License continue to conflict with the terms
  294. of the other license you may write the Licensor for permission to resolve
  295. the conflict in a fashion that remains consistent with the intent of this
  296. License. Such permission will be granted at the sole discretion of the Licensor.
  297. 7.0 Versions of This License. Licensor may publish from time to time revised
  298. and/or new versions of the License. Once Licensed Software has been published
  299. under a particular version of the License, You may always continue to use
  300. it under the terms of that version. You may also choose to use such Licensed
  301. Software under the terms of any subsequent version of the License published
  302. by Licensor. No one other than Licensor has the right to modify the terms
  303. applicable to Licensed Software created under this License.
  304. 7.1 If You create or use a modified version of this License, which You may
  305. do only in order to apply it to software that is not already Licensed Software
  306. under this License, You must rename Your license so that it is not confusingly
  307. similar to this License, and must make it clear that Your license contains
  308. terms that differ from this License. In so naming Your license, You may not
  309. use any trademark of Licensor or of any Contributor. Should Your modifications
  310. to this License be limited to alteration of EXHIBIT A purely for purposes
  311. of adjusting the Notice You require of licensees, You may continue to refer
  312. to Your License as the Reciprocal Public License or simply the RPL.
  313. 8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE
  314. ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
  315. INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE
  316. OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
  317. FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED
  318. THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE
  319. OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR RESPONSIBILITY.
  320. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY CONTRIBUTOR'S
  321. EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF PERFORMANCE.
  322. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE
  323. IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU
  324. (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
  325. SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS LICENSOR WILL NOT
  326. SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS
  327. SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE,
  328. BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES.
  329. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
  330. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  331. 9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
  332. WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR,
  333. ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY SUPPLIER
  334. OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
  335. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
  336. DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
  337. OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
  338. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
  339. LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
  340. FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  341. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  342. OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
  343. YOU.
  344. 10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND
  345. IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE
  346. CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
  347. SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS
  348. SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,
  349. IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH,
  350. PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES").
  351. LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY
  352. OF FITNESS FOR HIGH RISK ACTIVITIES.
  353. 11.0 Responsibility for Claims. As between Licensor and Contributors, each
  354. party is responsible for claims and damages arising, directly or indirectly,
  355. out of its utilization of rights under this License which specifically disclaims
  356. warranties and limits any liability of the Licensor. This paragraph is to
  357. be used in conjunction with and controlled by the Disclaimer Of Warranties
  358. of Section 8, the Limitation Of Damages in Section 9, and the disclaimer against
  359. use for High Risk Activities in Section 10. The Licensor has thereby disclaimed
  360. all warranties and limited any damages that it is or may be liable for. You
  361. agree to work with Licensor and Contributors to distribute such responsibility
  362. on an equitable basis consistent with the terms of this License including
  363. Sections 8, 9, and 10. Nothing herein is intended or shall be deemed to constitute
  364. any admission of liability.
  365. 12.0 Termination. This License and all rights granted hereunder will terminate
  366. immediately in the event of the circumstances described in Section 13.6 or
  367. if applicable law prohibits or restricts You from fully and or specifically
  368. complying with Sections 3, 4 and/or 6, or prevents the enforceability of any
  369. of those Sections, and You must immediately discontinue any use of Licensed
  370. Software.
  371. 12.1 Automatic Termination Upon Breach. This License and the rights granted
  372. hereunder will terminate automatically if You fail to comply with the terms
  373. herein and fail to cure such breach within thirty (30) days of becoming aware
  374. of the breach. All sublicenses to the Licensed Software that are properly
  375. granted shall survive any termination of this License. Provisions that, by
  376. their nature, must remain in effect beyond the termination of this License,
  377. shall survive.
  378. 12.2 Termination Upon Assertion of Patent Infringement. If You initiate litigation
  379. by asserting a patent infringement claim (excluding declaratory judgment actions)
  380. against Licensor or a Contributor (Licensor or Contributor against whom You
  381. file such an action is referred to herein as "Respondent") alleging that Licensed
  382. Software directly or indirectly infringes any patent, then any and all rights
  383. granted by such Respondent to You under Sections 3 or 4 of this License shall
  384. terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
  385. Period") unless within that Notice Period You either agree in writing (i)
  386. to pay Respondent a mutually agreeable reasonably royalty for Your past or
  387. future use of Licensed Software made by such Respondent, or (ii) withdraw
  388. Your litigation claim with respect to Licensed Software against such Respondent.
  389. If within said Notice Period a reasonable royalty and payment arrangement
  390. are not mutually agreed upon in writing by the parties or the litigation claim
  391. is not withdrawn, the rights granted by Licensor to You under Sections 3 and
  392. 4 automatically terminate at the expiration of said Notice Period.
  393. 12.3 Reasonable Value of This License. If You assert a patent infringement
  394. claim against Respondent alleging that Licensed Software directly or indirectly
  395. infringes any patent where such claim is resolved (such as by license or settlement)
  396. prior to the initiation of patent infringement litigation, then the reasonable
  397. value of the licenses granted by said Respondent under Sections 3 and 4 shall
  398. be taken into account in determining the amount or value of any payment or
  399. license.
  400. 12.4 No Retroactive Effect of Termination. In the event of termination under
  401. this Section all end user license agreements (excluding licenses to distributors
  402. and resellers) that have been validly granted by You or any distributor hereunder
  403. prior to termination shall survive termination.
  404. 13.0 Miscellaneous.
  405. 13.1 U.S. Government End Users. The Licensed Software is a "commercial item,"
  406. as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
  407. computer software" and "commercial computer software documentation," as such
  408. terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
  409. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
  410. End Users acquire Licensed Software with only those rights set forth herein.
  411. 13.2 Relationship of Parties. This License will not be construed as creating
  412. an agency, partnership, joint venture, or any other form of legal association
  413. between or among You, Licensor, or any Contributor, and You will not represent
  414. to the contrary, whether expressly, by implication, appearance, or otherwise.
  415. 13.3 Independent Development. Nothing in this License will impair Licensor's
  416. right to acquire, license, develop, subcontract, market, or distribute technology
  417. or products that perform the same or similar functions as, or otherwise compete
  418. with, Extensions that You may develop, produce, market, or distribute.
  419. 13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to enforce
  420. any provision of this License will not be deemed a waiver of future enforcement
  421. of that or any other provision.
  422. 13.5 Severability. This License represents the complete agreement concerning
  423. the subject matter hereof. If any provision of this License is held to be
  424. unenforceable, such provision shall be reformed only to the extent necessary
  425. to make it enforceable.
  426. 13.6 Inability to Comply Due to Statute or Regulation. If it is impossible
  427. for You to comply with any of the terms of this License with respect to some
  428. or all of the Licensed Software due to statute, judicial order, or regulation,
  429. then You cannot use, modify, or distribute the software.
  430. 13.7 Export Restrictions. You may be restricted with respect to downloading
  431. or otherwise acquiring, exporting, or reexporting the Licensed Software or
  432. any underlying information or technology by United States and other applicable
  433. laws and regulations. By downloading or by otherwise obtaining the Licensed
  434. Software, You are agreeing to be responsible for compliance with all applicable
  435. laws and regulations.
  436. 13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by
  437. Colorado law provisions (except to the extent applicable law, if any, provides
  438. otherwise), excluding its conflict-of-law provisions. You expressly agree
  439. that any dispute relating to this License shall be submitted to binding arbitration
  440. under the rules then prevailing of the American Arbitration Association. You
  441. further agree that Adams County, Colorado USA is proper venue and grant such
  442. arbitration proceeding jurisdiction as may be appropriate for purposes of
  443. resolving any dispute under this License. Judgement upon any award made in
  444. arbitration may be entered and enforced in any court of competent jurisdiction.
  445. The arbitrator shall award attorney's fees and costs of arbitration to the
  446. prevailing party. Should either party find it necessary to enforce its arbitration
  447. award or seek specific performance of such award in a civil court of competent
  448. jurisdiction, the prevailing party shall be entitled to reasonable attorney's
  449. fees and costs. The application of the United Nations Convention on Contracts
  450. for the International Sale of Goods is expressly excluded. You and Licensor
  451. expressly waive any rights to a jury trial in any litigation concerning Licensed
  452. Software or this License. Any law or regulation that provides that the language
  453. of a contract shall be construed against the drafter shall not apply to this
  454. License.
  455. 13.9 Entire Agreement. This License constitutes the entire agreement between
  456. the parties with respect to the subject matter hereof. EXHIBIT A
  457. The Notice below must appear in each file of the Source Code of any copy You
  458. distribute of the Licensed Software or any Extensions thereto, except as may
  459. be modified as allowed under the terms of Section 7.1
  460. Copyright (C) 1999-2002 Technical Pursuit Inc., All Rights Reserved. Patent
  461. Pending, Technical Pursuit Inc.
  462. Unless explicitly acquired and licensed from Licensor under the Technical
  463. Pursuit License ("TPL") Version 1.0 or greater, the contents of this file
  464. are subject to the Reciprocal Public License ("RPL") Version 1.1, or subsequent
  465. versions as allowed by the RPL, and You may not copy or use this file in either
  466. source code or executable form, except in compliance with the terms and conditions
  467. of the RPL.
  468. You may obtain a copy of both the TPL and the RPL (the "Licenses") from Technical
  469. Pursuit Inc. at http://www.technicalpursuit.com.
  470. All software distributed under the Licenses is provided strictly on an "AS
  471. IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TECHNICAL
  472. PURSUIT INC. HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
  473. ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
  474. ENJOYMENT, OR NON-INFRINGEMENT. See the Licenses for specific language governing
  475. rights and limitations under the Licenses.
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