diff options
author | Mattias Andrée <maandree@operamail.com> | 2013-04-28 14:21:48 +0200 |
---|---|---|
committer | Mattias Andrée <maandree@operamail.com> | 2013-04-28 14:21:48 +0200 |
commit | 31e0314d6158addd88d15320711104000883ca86 (patch) | |
tree | e460f9619e24be5d2f636990bb0b5cfe6ad9f438 /common/RPL1.3 | |
parent | INOSL => NSCA (diff) | |
download | licenses-31e0314d6158addd88d15320711104000883ca86.tar.gz licenses-31e0314d6158addd88d15320711104000883ca86.tar.bz2 licenses-31e0314d6158addd88d15320711104000883ca86.tar.xz |
a bunch of licenses
Signed-off-by: Mattias Andrée <maandree@operamail.com>
Diffstat (limited to 'common/RPL1.3')
-rw-r--r-- | common/RPL1.3 | 618 |
1 files changed, 618 insertions, 0 deletions
diff --git a/common/RPL1.3 b/common/RPL1.3 new file mode 100644 index 0000000..f07ec19 --- /dev/null +++ b/common/RPL1.3 @@ -0,0 +1,618 @@ +RECIPROCAL PUBLIC LICENSE +Version 1.3, February 1, 2006 + +Copyright (C) 2001-2006 +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, or for physically +transferring a copy of the Licensed Software as you received it. + +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. + +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 in the Source Code +of 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 software community of the availability of Source Code to +Your Extensions in a timely fashion by posting to appropriate news +groups, mailing lists, or web sites where a search engine accessible +to the public can index your post in relationship to the Software, +including in such notice a brief description of the Extensions, the +distinctive title used, and instructions on how to acquire the Source +Code. + +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 1.3 ("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 any Extensions that You +Deploy, via an Electronic Distribution Mechanism. The Source Code for +any version that You Deploy must be made available within one (1) +month of when you Deploy and must remain available for no less than +twelve (12) months after the date You cease to Deploy, whichever is +longer. You are responsible for ensuring that the Source Code to each +version You Deploy 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. + +6.2 Description of Modifications. You must cause any Modifications +that You create or to which You contribute to be documented in the +Source Code, clearly describing the additions, changes or deletions +You made, the authors of such Modifications, and the dates of any such +additions, changes or deletions. 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 +Source Code and accompanying documentation 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 the software community of +the availability of Source Code to Your Extensions within one (1) +month of the date You initially Deploy and include in such +notification a description of the Extensions, and instructions on how +to acquire the Source Code. Should such instructions change you must +notify the software community of revised instructions within one (1) +month of the date of change. You must provide notification by posting +to appropriate news groups, mailing lists, weblogs, or other sites +where a publicly accessible search engine would reasonably be expected +to index your post in relationship to queries regarding the Licensed +Software and/or Your Extensions. + +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. You may +also charge a nominal fee for physical transfer of a copy of the +Licensed Software as you received it. + +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 Section 13.8 purely to modify the +legal Jurisdiction or Venue for disputes, 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: + + Unless explicitly acquired and licensed from Licensor under + another license, the contents of this file are subject to the + Reciprocal Public License ("RPL") Version 1.3, or subsequent + versions as allowed by the RPL, and You may not copy or use this + file in either source code or executable form, except in + compliance with the terms and conditions of the RPL. + + All software distributed under the RPL is provided strictly on an + "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR + IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, + INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, + FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR + NON-INFRINGEMENT. See the RPL for specific language governing + rights and limitations under the RPL. |