|
- Reciprocal Public License, version 1.1
-
- Copyright (C) 2001-2002 Technical Pursuit Inc., All Rights Reserved. PREAMBLE
-
- This Preamble is intended to describe, in plain English, the nature, intent,
- and scope of this License. However, this Preamble is not a part of this License.
- The legal effect of this License is dependent only upon the terms of the License
- and not this Preamble.
-
- This License is based on the concept of reciprocity. In exchange for being
- granted certain rights under the terms of this License to Licensor's Software,
- whose Source Code You have access to, You are required to reciprocate by providing
- equal access and rights to all third parties to the Source Code of any Modifications,
- Derivative Works, and Required Components for execution of same (collectively
- defined as Extensions) that You Deploy by Deploying Your Extensions under
- the terms of this License. In this fashion the available Source Code related
- to the original Licensed Software is enlarged for the benefit of everyone.
-
- Under the terms of this License You may:
-
- a. Distribute the Licensed Software exactly as You received it under the terms
- of this License either alone or as a component of an aggregate software distribution
- containing programs from several different sources without payment of a royalty
- or other fee.
-
- b. Use the Licensed Software for any purpose consistent with the rights granted
- by this License, but the Licensor is not providing You any warranty whatsoever,
- nor is the Licensor accepting any liability in the event that the Licensed
- Software doesn't work properly or causes You any injury or damages.
-
- c. Create Extensions to the Licensed Software consistent with the rights granted
- by this License, provided that You make the Source Code to any Extensions
- You Deploy available to all third parties under the terms of this License,
- document Your Modifications clearly, and title all Extensions distinctly from
- the Licensed Software.
-
- d. Charge a fee for warranty or support, or for accepting indemnity or liability
- obligations for Your customers.
-
- Under the terms of this License You may not:
-
- a. Charge for the Source Code to the Licensed Software, or Your Extensions,
- other than a nominal fee not to exceed Your cost for reproduction and distribution
- where such reproduction and distribution involve physical media.
-
- b. Modify or delete any pre-existing copyright notices, change notices, or
- License text in the Licensed Software.
-
- c. Assert any patent claims against the Licensor or Contributors, or which
- would in any way restrict the ability of any third party to use the Licensed
- Software or portions thereof in any form under the terms of this License,
- or Your rights to the Licensed Software under this License automatically terminate.
-
- d. Represent either expressly or by implication, appearance, or otherwise
- that You represent Licensor or
-
- Contributors in any capacity or that You have any form of legal association
- by virtue of this License.
-
- Under the terms of this License You must:
-
- a. Document any Modifications You make to the Licensed Software including
- the nature of the change, the authors of the change, and the date of the change.
- This documentation must appear both in the Source Code and in a text file
- titled "CHANGES" distributed with the Licensed Software and Your Extensions.
-
- b. Make the Source Code for any Extensions You Deploy available in a timely
- fashion via an Electronic Distribution Mechanism such as FTP or HTTP download.
-
- c. Notify the Licensor of the availability of Source Code to Your Extensions
- in a timely fashion and include in such notice a brief description of the
- Extensions, the distinctive title used, and instructions on how to acquire
- the Source Code and future updates.
-
- d. Grant Licensor and all third parties a world-wide, non-exclusive, royalty-free
- license under any intellectual property rights owned or controlled by You
- to use, reproduce, display, perform, modify, sublicense, and distribute Your
- Extensions, in any form, under the terms of this License.
-
- LICENSE TERMS
-
- 1.0 General; Applicability & Definitions. This Reciprocal Public License Version
- 1.1 ("License") applies to any programs or other works as well as any and
- all updates or maintenance releases of said programs or works ("Software")
- not already covered by this License which the Software copyright holder ("Licensor")
- makes publicly available containing a Notice (hereinafter defined) from the
- Licensor specifying or allowing use or distribution under the terms of this
- License. As used in this License and Preamble:
-
- 1.1 "Contributor" means any person or entity who created or contributed to
- the creation of an Extension.
-
- 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
- other than for Your internal Research and/or Personal Use, and includes without
- limitation, any and all internal use or distribution of Licensed Software
- within Your business or organization other than for Research and/or Personal
- Use, as well as direct or indirect sublicensing or distribution of Licensed
- Software by You to any third party in any form or manner.
-
- 1.3 "Derivative Works" as used in this License is defined under U.S. copyright
- law.
-
- 1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted
- in the software development community for the electronic transfer of data
- such as download from an FTP or web site, where such mechanism is publicly
- accessible.
-
- 1.5 "Extensions" means any Modifications, Derivative Works, or Required Components
- as those terms are defined in this License.
-
- 1.6 "License" means this Reciprocal Public License.
-
- 1.7 "Licensed Software" means any Software licensed pursuant to this License.
- Licensed Software also includes all previous Extensions from any Contributor
- that You receive.
-
- 1.8 "Licensor" means the copyright holder of any Software previously uncovered
- by this License who releases the Software under the terms of this License.
-
- 1.9 "Modifications" means any additions to or deletions from the substance
- or structure of (i) a file or other storage containing Licensed Software,
- or (ii) any new file or storage that contains any part of Licensed Software,
- or (iii) any file or storage which replaces or otherwise alters the original
- functionality of Licensed Software at runtime.
-
- 1.10 "Notice" means the notice contained in EXHIBIT A.
-
- 1.11 "Personal Use" means use of Licensed Software by an individual solely
- for his or her personal, private and non-commercial purposes. An individual's
- use of Licensed Software in his or her capacity as an officer, employee, member,
- independent contractor or agent of a corporation, business or organization
- (commercial or non-commercial) does not qualify as Personal Use.
-
- 1.12 "Required Components" means any text, programs, scripts, schema, interface
- definitions, control files, or other works created by You which are required
- by a third party of average skill to successfully install and run Licensed
- Software containing Your Modifications, or to install and run Your Derivative
- Works.
-
- 1.13 "Research" means investigation or experimentation for the purpose of
- understanding the nature and limits of the Licensed Software and its potential
- uses.
-
- 1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by
- means of a computer network to one or more computers for purposes of execution
- of Licensed Software and/or Your Extensions.
-
- 1.15 "Software" means any computer programs or other works as well as any
- updates or maintenance releases of those programs or works which are distributed
- publicly by Licensor.
-
- 1.16 "Source Code" means the preferred form for making modifications to the
- Licensed Software and/or Your Extensions, including all modules contained
- therein, plus any associated text, interface definition files, scripts used
- to control compilation and installation of an executable program or other
- components required by a third party of average skill to build a running version
- of the Licensed Software or Your Extensions.
-
- 1.17 "You" or "Your" means an individual or a legal entity exercising rights
- under this License. For legal entities, "You" or "Your" includes any entity
- which controls, is controlled by, or is under common control with, You, where
- "control" means (a) the power, direct or indirect, to cause the direction
- or management of such entity, whether by contract or otherwise, or (b) ownership
- of fifty percent (50%) or more of the outstanding shares or beneficial ownership
- of such entity.
-
- 2.0 Acceptance Of License. You are not required to accept this License since
- you have not signed it, however nothing else grants you permission to use,
- copy, distribute, modify, or create derivatives of either the Software or
- any Extensions created by a Contributor. These actions are prohibited by law
- if you do not accept this License. Therefore, by performing any of these actions
- You indicate Your acceptance of this License and Your agreement to be bound
- by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
- CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE
- THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND
- CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES,
- OR DISTRIBUTE THE SOFTWARE.
-
- 3.0 Grant of License From Licensor. Subject to the terms and conditions of
- this License, Licensor hereby grants You a world-wide, royalty-free, non-exclusive
- license, subject to Licensor's intellectual property rights, and any third
- party intellectual property claims derived from the Licensed Software under
- this License, to do the following:
-
- 3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed
- Software and Your Extensions in both Source Code form or as an executable
- program.
-
- 3.2 Create Derivative Works (as that term is defined under U.S. copyright
- law) of Licensed Software by adding to or deleting from the substance or structure
- of said Licensed Software.
-
- 3.3 Under claims of patents now or hereafter owned or controlled by Licensor,
- to make, use, have made, and/or otherwise dispose of Licensed Software or
- portions thereof, but solely to the extent that any such claim is necessary
- to enable You to make, use, have made, and/or otherwise dispose of Licensed
- Software or portions thereof.
-
- 3.4 Licensor reserves the right to release new versions of the Software with
- different features, specifications, capabilities, functions, licensing terms,
- general availability or other characteristics. Title, ownership rights, and
- intellectual property rights in and to the Licensed Software shall remain
- in Licensor and/or its Contributors.
-
- 4.0 Grant of License From Contributor. By application of the provisions in
- Section 6 below, each Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license, subject to said Contributor's intellectual property
- rights, and any third party intellectual property claims derived from the
- Licensed Software under this License, to do the following:
-
- 4.1 Use, reproduce, modify, display, perform, sublicense and distribute any
- Extensions Deployed by such Contributor or portions thereof, in both Source
- Code form or as an executable program, either on an unmodified basis or as
- part of Derivative Works.
-
- 4.2 Under claims of patents now or hereafter owned or controlled by Contributor,
- to make, use, have made, and/or otherwise dispose of Extensions or portions
- thereof, but solely to the extent that any such claim is necessary to enable
- You to make, use, have made, and/or otherwise dispose of Contributor's Extensions
- or portions thereof.
-
- 5.0 Exclusions From License Grant. Nothing in this License shall be deemed
- to grant any rights to trademarks, copyrights, patents, trade secrets or any
- other intellectual property of Licensor or any Contributor except as expressly
- stated herein. Except as expressly stated in Sections 3 and 4, no other patent
- rights, express or implied, are granted herein. Your Extensions may require
- additional patent licenses from Licensor or Contributors which each may grant
- in its sole discretion. No right is granted to the trademarks of Licensor
- or any Contributor even if such marks are included in the Licensed Software.
- Nothing in this License shall be interpreted to prohibit Licensor from licensing
- under different terms from this License any code that Licensor otherwise would
- have a right to license.
-
- 5.1 You expressly acknowledge and agree that although Licensor and each Contributor
- grants the licenses to their respective portions of the Licensed Software
- set forth herein, no assurances are provided by Licensor or any Contributor
- that the Licensed Software does not infringe the patent or other intellectual
- property rights of any other entity. Licensor and each Contributor disclaim
- any liability to You for claims brought by any other entity based on infringement
- of intellectual property rights or otherwise. As a condition to exercising
- the rights and licenses granted hereunder, You hereby assume sole responsibility
- to secure any other intellectual property rights needed, if any. For example,
- if a third party patent license is required to allow You to distribute the
- Licensed Software, it is Your responsibility to acquire that license before
- distributing the Licensed Software.
-
- 6.0 Your Obligations And Grants. In consideration of, and as an express condition
- to, the licenses granted to You under this License You hereby agree that any
- Modifications, Derivative Works, or Required Components (collectively Extensions)
- that You create or to which You contribute are governed by the terms of this
- License including, without limitation, Section 4. Any Extensions that You
- create or to which You contribute must be Deployed under the terms of this
- License or a future version of this License released under Section 7. You
- hereby grant to Licensor and all third parties a world-wide, non-exclusive,
- royalty-free license under those intellectual property rights You own or control
- to use, reproduce, display, perform, modify, create derivatives, sublicense,
- and distribute Your Extensions, in any form. Any Extensions You make and Deploy
- must have a distinct title so as to readily tell any subsequent user or Contributor
- that the Extensions are by You. You must include a copy of this License with
- every copy of the Extensions You distribute. You agree not to offer or impose
- any terms on any Source Code or executable version of the Licensed Software,
- or its Extensions that alter or restrict the applicable version of this License
- or the recipients' rights hereunder.
-
- 6.1 Availability of Source Code. You must make available, under the terms
- of this License, the Source Code of the Licensed Software and any Extensions
- that You Deploy, either on the same media as You distribute any executable
- or other form of the Licensed Software, or via an Electronic Distribution
- Mechanism. The Source Code for any version of Licensed Software, or its Extensions
- that You Deploy must be made available at the time of Deployment and must
- remain available for as long as You Deploy the Extensions or at least twelve
- (12) months after the date You Deploy, whichever is longer. You are responsible
- for ensuring that the Source Code version remains available even if the Electronic
- Distribution Mechanism is maintained by a third party. You may not charge
- a fee for the Source Code distributed under this Section in excess of Your
- actual cost of duplication and distribution where such duplication and distribution
- involve physical media.
-
- 6.2 Description of Modifications. You must cause any Modifications that You
- create or to which You contribute, to update the file titled "CHANGES" distributed
- with Licensed Software documenting the additions, changes or deletions You
- made, the authors of such Modifications, and the dates of any such additions,
- changes or deletions. You must also cause a cross-reference to appear in the
- Source Code at the location of each change. You must include a prominent statement
- that the Modifications are derived, directly or indirectly, from the Licensed
- Software and include the names of the Licensor and any Contributor to the
- Licensed Software in (i) the Source Code and (ii) in any notice displayed
- by the Licensed Software You distribute or in related documentation in which
- You describe the origin or ownership of the Licensed Software. You may not
- modify or delete any pre-existing copyright notices, change notices or License
- text in the Licensed Software.
-
- 6.3 Intellectual Property Matters.
-
- a. Third Party Claims. If You have knowledge that a license to a third party's
- intellectual property right is required to exercise the rights granted by
- this License, You must include a text file with the Source Code distribution
- titled "LEGAL" that describes the claim and the party making the claim in
- sufficient detail that a recipient will know whom to contact. If You obtain
- such knowledge after You make any Extensions available as described in Section
- 6.1, You shall promptly modify the LEGAL file in all copies You make available
- thereafter and shall take other steps (such as notifying appropriate mailing
- lists or newsgroups) reasonably calculated to inform those who received the
- Licensed Software from You that new knowledge has been obtained.
-
- b. Contributor APIs. If Your Extensions include an application programming
- interface ("API") and You have knowledge of patent licenses that are reasonably
- necessary to implement that API, You must also include this information in
- the LEGAL file.
-
- c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
- above, You believe that any Extensions You distribute are Your original creations
- and that You have sufficient rights to grant the rights conveyed by this License.
-
- 6.4 Required Notices.
-
- a. License Text. You must duplicate this License in any documentation You
- provide along with the Source Code of any Extensions You create or to which
- You contribute, wherever You describe recipients' rights relating to Licensed
- Software. You must duplicate the notice contained in EXHIBIT A (the "Notice")
- in each file of the Source Code of any copy You distribute of the Licensed
- Software and Your Extensions. If You create an Extension, You may add Your
- name as a Contributor to the text file titled "CONTRIB" distributed with the
- Licensed Software along with a description of the contribution. If it is not
- possible to put the Notice in a particular Source Code file due to its structure,
- then You must include such Notice in a location (such as a relevant directory
- file) where a user would be likely to look for such a notice.
-
- b. Source Code Availability. You must notify Licensor within one (1) month
- of the date You initially Deploy of the availability of Source Code to Your
- Extensions and include in such notification the name under which you Deployed
- Your Extensions, a description of the Extensions, and instructions on how
- to acquire the Source Code, including instructions on how to acquire updates
- over time. Should such instructions change you must provide Licensor with
- revised instructions within one (1) month of the date of change. Should you
- be unable to notify Licensor directly, you must provide notification by posting
- to appropriate news groups, mailing lists, or web sites where a search engine
- would reasonably be expected to index them.
-
- 6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
- support, indemnity or liability obligations to one or more recipients of Licensed
- Software. However, You may do so only on Your own behalf, and not on behalf
- of the Licensor or any Contributor. You must make it clear that any such warranty,
- support, indemnity or liability obligation is offered by You alone, and You
- hereby agree to indemnify the Licensor and every Contributor for any liability
- plus attorney fees, costs, and related expenses due to any such action or
- claim incurred by the Licensor or such Contributor as a result of warranty,
- support, indemnity or liability terms You offer.
-
- 6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
- virtue of being Derivative Works of another product or similar circumstance,
- fall under the terms of another license, the terms of that license should
- be honored however You must also make Your Extensions available under this
- License. If the terms of this License continue to conflict with the terms
- of the other license you may write the Licensor for permission to resolve
- the conflict in a fashion that remains consistent with the intent of this
- License. Such permission will be granted at the sole discretion of the Licensor.
-
- 7.0 Versions of This License. Licensor may publish from time to time revised
- and/or new 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 EXHIBIT A purely for purposes
- of adjusting the Notice You require of licensees, 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 Notice below must appear in each file of the Source Code of any copy You
- distribute of the Licensed Software or any Extensions thereto, except as may
- be modified as allowed under the terms of Section 7.1
-
- Copyright (C) 1999-2002 Technical Pursuit Inc., All Rights Reserved. Patent
- Pending, Technical Pursuit Inc.
-
- Unless explicitly acquired and licensed from Licensor under the Technical
- Pursuit License ("TPL") Version 1.0 or greater, the contents of this file
- are subject to the Reciprocal Public License ("RPL") Version 1.1, 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.
-
- You may obtain a copy of both the TPL and the RPL (the "Licenses") from Technical
- Pursuit Inc. at http://www.technicalpursuit.com.
-
- All software distributed under the Licenses is provided strictly on an "AS
- IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TECHNICAL
- PURSUIT INC. HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
- ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
- ENJOYMENT, OR NON-INFRINGEMENT. See the Licenses for specific language governing
- rights and limitations under the Licenses.
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