Version 1.1, November 1, 2002
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.
