547 lines
31 KiB
Groff
547 lines
31 KiB
Groff
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Reciprocal Public License 1.5 (RPL1.5)
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Reciprocal Public License (RPL)
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Version 1.5, July 15, 2007
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Copyright (C) 2001-2007
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Technical Pursuit Inc.,
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All Rights Reserved.
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PREAMBLE
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The Reciprocal Public License (RPL) is based on the concept of reciprocity or,
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if you prefer, fairness.
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In short, this license grew out of a desire to close loopholes in previous open
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source licenses, loopholes that allowed parties to acquire open source software
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and derive financial benefit from it without having to release their
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improvements or derivatives to the community which enabled them. This occurred
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any time an entity did not release their application to a "third party".
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While there is a certain freedom in this model of licensing, it struck the
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authors of the RPL as being unfair to the open source community at large and to
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the original authors of the works in particular. After all, bug fixes,
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extensions, and meaningful and valuable derivatives were not consistently
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finding their way back into the community where they could fuel further, and
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faster, growth and expansion of the overall open source software base.
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While you should clearly read and understand the entire license, the essence of
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the RPL is found in two definitions: "Deploy" and "Required Components".
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Regarding deployment, under the RPL your changes, bug fixes, extensions, etc.
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must be made available to the open source community at large when you Deploy in
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any form -- either internally or to an outside party. Once you start running
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the software you have to start sharing the software.
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Further, under the RPL all components you author including schemas, scripts,
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source code, etc. -- regardless of whether they`re compiled into a single
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binary or used as two halves of client/server application -- must be shared.
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You have to share the whole pie, not an isolated slice of it.
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In addition to these goals, the RPL was authored to meet the requirements of
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the Open Source Definition as maintained by the Open Source Initiative (OSI).
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The specific terms and conditions of the license are defined in the remainder
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of this document.
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LICENSE TERMS
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1.0 General; Applicability & Definitions. This Reciprocal Public License
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Version 1.5 ("License") applies to any programs or other works as well as any
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and all updates or maintenance releases of said programs or works ("Software")
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not already covered by this License which the Software copyright holder
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("Licensor") makes available containing a License Notice (hereinafter defined)
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from the Licensor specifying or allowing use or distribution under the terms of
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this License. As used in this License:
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1.1 "Contributor" means any person or entity who created or contributed to the
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creation of an Extension.
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1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
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other than for Your internal Research and/or Personal Use, and includes
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without limitation, any and all internal use or distribution of Licensed
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Software within Your business or organization other than for Research and/or
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Personal Use, as well as direct or indirect sublicensing or distribution of
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Licensed Software by You to any third party in any form or manner.
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1.3 "Derivative Works" as used in this License is defined under U.S. copyright
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law.
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1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data such
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as download from an FTP server or web site, where such mechanism is publicly
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accessible.
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1.5 "Extensions" means any Modifications, Derivative Works, or Required
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Components as those terms are defined in this License.
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1.6 "License" means this Reciprocal Public License.
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1.7 "License Notice" means any notice contained in EXHIBIT A.
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1.8 "Licensed Software" means any Software licensed pursuant to this License.
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Licensed Software also includes all previous Extensions from any Contributor
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that You receive.
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1.9 "Licensor" means the copyright holder of any Software previously not
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covered by this License who releases the Software under the terms of this
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License.
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1.10 "Modifications" means any additions to or deletions from the substance or
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structure of (i) a file or other storage containing Licensed Software, or (ii)
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any new file or storage that contains any part of Licensed Software, or (iii)
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any file or storage which replaces or otherwise alters the original
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functionality of Licensed Software at runtime.
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1.11 "Personal Use" means use of Licensed Software by an individual solely for
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his or her personal, private and non-commercial purposes. An individual`s use
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of Licensed Software in his or her capacity as an officer, employee, member,
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independent contractor or agent of a corporation, business or organization
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(commercial or non-commercial) does not qualify as Personal Use.
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1.12 "Required Components" means any text, programs, scripts, schema,
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interface definitions, control files, or other works created by You which are
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required by a third party of average skill to successfully install and run
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Licensed Software containing Your Modifications, or to install and run Your
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Derivative Works.
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1.13 "Research" means investigation or experimentation for the purpose of
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understanding the nature and limits of the Licensed Software and its potential
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uses.
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1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by
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means of a computer network to one or more computers for purposes of execution
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of Licensed Software and/or Your Extensions.
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1.15 "Software" means any computer programs or other works as well as any
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updates or maintenance releases of those programs or works which are
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distributed publicly by Licensor.
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1.16 "Source Code" means the preferred form for making modifications to the
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Licensed Software and/or Your Extensions, including all modules contained
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therein, plus any associated text, interface definition files, scripts used to
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control compilation and installation of an executable program or other
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components required by a third party of average skill to build a running
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version of the Licensed Software or Your Extensions.
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1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
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1.18 "You" or "Your" means an individual or a legal entity exercising rights
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under this License. For legal entities, "You" or "Your" includes any entity
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which controls, is controlled by, or is under common control with, You, where
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"control" means (a) the power, direct or indirect, to cause the direction or
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management of such entity, whether by contract or otherwise, or (b) ownership
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of fifty percent (50%) or more of the outstanding shares or beneficial
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ownership of such entity.
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2.0 Acceptance Of License. You are not required to accept this License since
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you have not signed it, however nothing else grants you permission to use,
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copy, distribute, modify, or create derivatives of either the Software or any
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Extensions created by a Contributor. These actions are prohibited by law if
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you do not accept this License. Therefore, by performing any of these actions
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You indicate Your acceptance of this License and Your agreement to be bound by
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all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
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CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR
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DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE
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TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE
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DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
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3.0 Grant of License From Licensor. Subject to the terms and conditions of
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this License, Licensor hereby grants You a world-wide, royalty-free, non-
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exclusive license, subject to Licensor`s intellectual property rights, and any
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third party intellectual property claims derived from the Licensed Software
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under this License, to do the following:
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3.1 Use, reproduce, modify, display, perform, sublicense and distribute
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Licensed Software and Your Extensions in both Source Code form or as an
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executable program.
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3.2 Create Derivative Works (as that term is defined under U.S. copyright law)
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of Licensed Software by adding to or deleting from the substance or structure
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of said Licensed Software.
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3.3 Under claims of patents now or hereafter owned or controlled by Licensor,
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to make, use, have made, and/or otherwise dispose of Licensed Software or
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portions thereof, but solely to the extent that any such claim is necessary to
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enable You to make, use, have made, and/or otherwise dispose of Licensed
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Software or portions thereof.
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3.4 Licensor reserves the right to release new versions of the Software with
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different features, specifications, capabilities, functions, licensing terms,
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general availability or other characteristics. Title, ownership rights, and
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intellectual property rights in and to the Licensed Software shall remain in
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Licensor and/or its Contributors.
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4.0 Grant of License From Contributor. By application of the provisions in
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Section 6 below, each Contributor hereby grants You a world-wide, royalty-
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free, non-exclusive license, subject to said Contributor`s intellectual
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property rights, and any third party intellectual property claims derived from
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the Licensed Software under this License, to do the following:
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4.1 Use, reproduce, modify, display, perform, sublicense and distribute any
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Extensions Deployed by such Contributor or portions thereof, in both Source
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Code form or as an executable program, either on an unmodified basis or as
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part of Derivative Works.
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4.2 Under claims of patents now or hereafter owned or controlled by
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Contributor, to make, use, have made, and/or otherwise dispose of Extensions
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or portions thereof, but solely to the extent that any such claim is necessary
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to enable You to make, use, have made, and/or otherwise dispose of
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Licensed Software or portions thereof.
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5.0 Exclusions From License Grant. Nothing in this License shall be deemed to
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grant any rights to trademarks, copyrights, patents, trade secrets or any
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other intellectual property of Licensor or any Contributor except as expressly
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stated herein. Except as expressly stated in Sections 3 and 4, no other patent
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rights, express or implied, are granted herein. Your Extensions may require
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additional patent licenses from Licensor or Contributors which each may grant
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in its sole discretion. No right is granted to the trademarks of Licensor or
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any Contributor even if such marks are included in the Licensed Software.
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Nothing in this License shall be interpreted to prohibit Licensor from
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licensing under different terms from this License any code that Licensor
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otherwise would have a right to license.
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5.1 You expressly acknowledge and agree that although Licensor and each
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Contributor grants the licenses to their respective portions of the Licensed
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Software set forth herein, no assurances are provided by Licensor or any
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Contributor that the Licensed Software does not infringe the patent or other
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intellectual property rights of any other entity. Licensor and each
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Contributor disclaim any liability to You for claims brought by any other
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entity based on infringement of intellectual property rights or otherwise. As
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a condition to exercising the rights and licenses granted hereunder, You
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hereby assume sole responsibility to secure any other intellectual property
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rights needed, if any. For example, if a third party patent license is
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required to allow You to distribute the Licensed Software, it is Your
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responsibility to acquire that license before distributing the Licensed
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Software.
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6.0 Your Obligations And Grants. In consideration of, and as an express
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condition to, the licenses granted to You under this License You hereby agree
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that any Modifications, Derivative Works, or Required Components (collectively
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Extensions) that You create or to which You contribute are governed by the
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terms of this License including, without limitation, Section 4. Any Extensions
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that You create or to which You contribute must be Deployed under the terms of
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this License or a future version of this License released under Section 7. You
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hereby grant to Licensor and all third parties a world-wide, non-exclusive,
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royalty-free license under those intellectual property rights You own or
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control to use, reproduce, display, perform, modify, create derivatives,
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sublicense, and distribute Licensed Software, in any form. Any Extensions You
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make and Deploy must have a distinct title so as to readily tell any
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subsequent user or Contributor that the Extensions are by You. You must
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include a copy of this License or directions on how to obtain a copy with
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every copy of the Extensions You distribute. You agree not to offer or impose
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any terms on any Source Code or executable version of the Licensed Software,
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or its Extensions that alter or restrict the applicable version of this
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License or the recipients` rights hereunder.
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6.1 Availability of Source Code. You must make available, under the terms of
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this License, the Source Code of any Extensions that You Deploy, via an
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Electronic Distribution Mechanism. The Source Code for any version that You
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Deploy must be made available within one (1) month of when you Deploy and must
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remain available for no less than twelve (12) months after the date You cease
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to Deploy. You are responsible for ensuring that the Source Code to each
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version You Deploy remains available even if the Electronic Distribution
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Mechanism is maintained by a third party. You may not charge a fee for any
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copy of the Source Code distributed under this Section in excess of Your
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actual cost of duplication and distribution of said copy.
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6.2 Description of Modifications. You must cause any Modifications that You
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create or to which You contribute to be documented in the Source Code, clearly
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describing the additions, changes or deletions You made. You must include a
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prominent statement that the Modifications are derived, directly or indirectly,
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from the Licensed Software and include the names of the Licensor and any
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Contributor to the Licensed Software in (i) the Source Code and (ii) in any
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notice displayed by the Licensed Software You distribute or in related
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documentation in which You describe the origin or ownership of the Licensed
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Software. You may not modify or delete any pre-existing copyright notices,
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change notices or License text in the Licensed Software without written
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permission of the respective Licensor or Contributor.
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6.3 Intellectual Property Matters.
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a. Third Party Claims. If You have knowledge that a license to a third party`s
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intellectual property right is required to exercise the rights granted by this
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License, You must include a human-readable file with Your distribution that
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describes the claim and the party making the claim in sufficient detail that a
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recipient will know whom to contact.
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b. Contributor APIs. If Your Extensions include an application programming
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interface ("API") and You have knowledge of patent licenses that are
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reasonably necessary to implement that API, You must also include this
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information in a human-readable file supplied with Your distribution.
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c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
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above, You believe that any Extensions You distribute are Your original
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creations and that You have sufficient rights to grant the rights conveyed by
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this License.
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6.4 Required Notices.
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a. License Text. You must duplicate this License or instructions on how to
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acquire a copy in any documentation You provide along with the Source Code of
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any Extensions You create or to which You contribute, wherever You describe
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recipients` rights relating to Licensed Software.
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b. License Notice. You must duplicate any notice contained in EXHIBIT A (the
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"License Notice") in each file of the Source Code of any copy You distribute
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of the Licensed Software and Your Extensions. If You create an Extension, You
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may add Your name as a Contributor to the Source Code and accompanying
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documentation along with a description of the contribution. If it is not
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possible to put the License Notice in a particular Source Code file due to its
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structure, then You must include such License Notice in a location where a
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user would be likely to look for such a notice.
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c. Source Code Availability. You must notify the software community of the
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availability of Source Code to Your Extensions within one (1) month of the date
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You initially Deploy and include in such notification a description of the
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Extensions, and instructions on how to acquire the Source Code. Should such
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instructions change you must notify the software community of revised
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instructions within one (1) month of the date of change. You must provide
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notification by posting to appropriate news groups, mailing lists, weblogs, or
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other sites where a publicly accessible search engine would reasonably be
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expected to index your post in relationship to queries regarding the Licensed
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Software and/or Your Extensions.
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d. User-Visible Attribution. You must duplicate any notice contained in
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EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display
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of the Licensed Software and Your Extensions which delineates copyright,
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ownership, or similar attribution information. If You create an Extension,
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You may add Your name as a Contributor, and add Your attribution notice, as an
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equally visible and functional element of any User-Visible Attribution Notice
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content. To ensure proper attribution, You must also include such User-Visible
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Attribution Notice in at least one location in the Software documentation
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where a user would be likely to look for such notice.
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6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients of
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Licensed Software. However, You may do so only on Your own behalf, and not on
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behalf of the Licensor or any Contributor except as permitted under other
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agreements between you and Licensor or Contributor. You must make it clear that
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any such warranty, support, indemnity or liability obligation is offered by You
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alone, and You hereby agree to indemnify the Licensor and every Contributor for
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any liability plus attorney fees, costs, and related expenses due to any such
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action or claim incurred by the Licensor or such Contributor as a result of
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warranty, support, indemnity or liability terms You offer.
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6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
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virtue of being Derivative Works of another product or similar circumstance,
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fall under the terms of another license, the terms of that license should be
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honored however You must also make Your Extensions available under this
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License. If the terms of this License continue to conflict with the terms of
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the other license you may write the Licensor for permission to resolve the
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conflict in a fashion that remains consistent with the intent of this License.
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Such permission will be granted at the sole discretion of the Licensor.
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7.0 Versions of This License. Licensor may publish from time to time revised
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versions of the License. Once Licensed Software has been published under a
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particular version of the License, You may always continue to use it under the
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terms of that version. You may also choose to use such Licensed Software under
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the terms of any subsequent version of the License published by Licensor. No
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one other than Licensor has the right to modify the terms applicable to
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Licensed Software created under this License.
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7.1 If You create or use a modified version of this License, which You may do
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only in order to apply it to software that is not already Licensed Software
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under this License, You must rename Your license so that it is not confusingly
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similar to this License, and must make it clear that Your license contains
|
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terms that differ from this License. In so naming Your license, You may not
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use any trademark of Licensor or of any Contributor. Should Your modifications
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to this License be limited to alteration of a) Section 13.8 solely to modify
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the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define
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License Notice text, or c) to EXHIBIT B solely to define a User-Visible
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Attribution Notice, You may continue to refer to Your License as the
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Reciprocal Public License or simply the RPL.
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8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE
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ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE
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OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED
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THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF
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PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR
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RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT
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|
ANY CONTRIBUTOR`S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION
|
||
|
OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
|
||
|
LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY
|
||
|
RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST
|
||
|
OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS
|
||
|
LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE
|
||
|
UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN
|
||
|
THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS
|
||
|
OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
|
||
|
LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
|
||
|
DISCLAIMER.
|
||
|
|
||
|
9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
|
||
|
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
|
||
|
LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY
|
||
|
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
|
||
|
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
|
||
|
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
|
||
|
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
|
||
|
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
|
||
|
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
|
||
|
OR PERSONAL INJURY RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT
|
||
|
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
|
||
|
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
|
||
|
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
|
||
|
|
||
|
10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS
|
||
|
NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE
|
||
|
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
|
||
|
SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
|
||
|
COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
|
||
|
WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD
|
||
|
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
|
||
|
("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY
|
||
|
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
|
||
|
|
||
|
11.0 Responsibility for Claims. As between Licensor and Contributors, each
|
||
|
party is responsible for claims and damages arising, directly or indirectly,
|
||
|
out of its utilization of rights under this License which specifically
|
||
|
disclaims warranties and limits any liability of the Licensor. This paragraph
|
||
|
is to be used in conjunction with and controlled by the Disclaimer Of
|
||
|
Warranties of Section 8, the Limitation Of Damages in Section 9, and the
|
||
|
disclaimer against use for High Risk Activities in Section 10. The Licensor
|
||
|
has thereby disclaimed all warranties and limited any damages that it is or
|
||
|
may be liable for. You agree to work with Licensor and Contributors to
|
||
|
distribute such responsibility on an equitable basis consistent with the terms
|
||
|
of this License including Sections 8, 9, and 10. Nothing herein is intended or
|
||
|
shall be deemed to constitute any admission of liability.
|
||
|
|
||
|
12.0 Termination. This License and all rights granted hereunder will terminate
|
||
|
immediately in the event of the circumstances described in Section 13.6 or if
|
||
|
applicable law prohibits or restricts You from fully and or specifically
|
||
|
complying with Sections 3, 4 and/or 6, or prevents the enforceability of any
|
||
|
of those Sections, and You must immediately discontinue any use of Licensed
|
||
|
Software.
|
||
|
|
||
|
12.1 Automatic Termination Upon Breach. This License and the rights granted
|
||
|
hereunder will terminate automatically if You fail to comply with the terms
|
||
|
herein and fail to cure such breach within thirty (30) days of becoming aware
|
||
|
of the breach. All sublicenses to the Licensed Software that are properly
|
||
|
granted shall survive any termination of this License. Provisions that, by
|
||
|
their nature, must remain in effect beyond the termination of this License,
|
||
|
shall survive.
|
||
|
|
||
|
12.2 Termination Upon Assertion of Patent Infringement. If You initiate
|
||
|
litigation by asserting a patent infringement claim (excluding declaratory
|
||
|
judgment actions) against Licensor or a Contributor (Licensor or Contributor
|
||
|
against whom You file such an action is referred to herein as "Respondent")
|
||
|
alleging that Licensed Software directly or indirectly infringes any patent,
|
||
|
then any and all rights granted by such Respondent to You under Sections 3 or
|
||
|
4 of this License shall terminate prospectively upon sixty (60) days notice
|
||
|
from Respondent (the "Notice Period") unless within that Notice Period You
|
||
|
either agree in writing (i) to pay Respondent a mutually agreeable reasonably
|
||
|
royalty for Your past or future use of Licensed Software made by such
|
||
|
Respondent, or (ii) withdraw Your litigation claim with respect to Licensed
|
||
|
Software against such Respondent. If within said Notice Period a reasonable
|
||
|
royalty and payment arrangement are not mutually agreed upon in writing by the
|
||
|
parties or the litigation claim is not withdrawn, the rights granted by
|
||
|
Licensor to You under Sections 3 and 4 automatically terminate at the
|
||
|
expiration of said Notice Period.
|
||
|
|
||
|
12.3 Reasonable Value of This License. If You assert a patent infringement
|
||
|
claim against Respondent alleging that Licensed Software directly or
|
||
|
indirectly infringes any patent where such claim is resolved (such as by
|
||
|
license or settlement) prior to the initiation of patent infringement
|
||
|
litigation, then the reasonable value of the licenses granted by said
|
||
|
Respondent under Sections 3 and 4 shall be taken into account in determining
|
||
|
the amount or value of any payment or license.
|
||
|
|
||
|
12.4 No Retroactive Effect of Termination. In the event of termination under
|
||
|
this Section all end user license agreements (excluding licenses to
|
||
|
distributors and resellers) that have been validly granted by You or any
|
||
|
distributor hereunder prior to termination shall survive termination.
|
||
|
|
||
|
13.0 Miscellaneous.
|
||
|
|
||
|
13.1 U.S. Government End Users. The Licensed Software is a "commercial item,"
|
||
|
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
|
||
|
"commercial computer software" and "commercial computer software
|
||
|
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
|
||
|
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
|
||
|
(June 1995), all U.S. Government End Users acquire Licensed Software with only
|
||
|
those rights set forth herein.
|
||
|
|
||
|
13.2 Relationship of Parties. This License will not be construed as creating
|
||
|
an agency, partnership, joint venture, or any other form of legal association
|
||
|
between or among You, Licensor, or any Contributor, and You will not represent
|
||
|
to the contrary, whether expressly, by implication, appearance, or otherwise.
|
||
|
|
||
|
13.3 Independent Development. Nothing in this License will impair Licensor`s
|
||
|
right to acquire, license, develop, subcontract, market, or distribute
|
||
|
technology or products that perform the same or similar functions as, or
|
||
|
otherwise compete with, Extensions that You may develop, produce, market, or
|
||
|
distribute.
|
||
|
|
||
|
13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to
|
||
|
enforce any provision of this License will not be deemed a waiver of future enforcement
|
||
|
of that or any other provision.
|
||
|
|
||
|
13.5 Severability. This License represents the complete agreement concerning
|
||
|
the subject matter hereof. If any provision of this License is held to be
|
||
|
unenforceable, such provision shall be reformed only to the extent necessary
|
||
|
to make it enforceable.
|
||
|
|
||
|
13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for
|
||
|
You to comply with any of the terms of this License with respect to some or
|
||
|
all of the Licensed Software due to statute, judicial order, or regulation,
|
||
|
then You cannot use, modify, or distribute the software.
|
||
|
|
||
|
13.7 Export Restrictions. You may be restricted with respect to downloading or
|
||
|
otherwise acquiring, exporting, or reexporting the Licensed Software or any
|
||
|
underlying information or technology by United States and other applicable
|
||
|
laws and regulations. By downloading or by otherwise obtaining the Licensed
|
||
|
Software, You are agreeing to be responsible for compliance with all
|
||
|
applicable laws and regulations.
|
||
|
|
||
|
13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by
|
||
|
Colorado law provisions (except to the extent applicable law, if any, provides
|
||
|
otherwise), excluding its conflict-of-law provisions. You expressly agree that
|
||
|
any dispute relating to this License shall be submitted to binding arbitration
|
||
|
under the rules then prevailing of the American Arbitration Association. You
|
||
|
further agree that Adams County, Colorado USA is proper venue and grant such
|
||
|
arbitration proceeding jurisdiction as may be appropriate for purposes of
|
||
|
resolving any dispute under this License. Judgement upon any award made in
|
||
|
arbitration may be entered and enforced in any court of competent
|
||
|
jurisdiction. The arbitrator shall award attorney`s fees and costs of
|
||
|
arbitration to the prevailing party. Should either party find it necessary to
|
||
|
enforce its arbitration award or seek specific performance of such award in a
|
||
|
civil court of competent jurisdiction, the prevailing party shall be entitled
|
||
|
to reasonable attorney`s fees and costs. The application of the United Nations
|
||
|
Convention on Contracts for the International Sale of Goods is expressly
|
||
|
excluded. You and Licensor expressly waive any rights to a jury trial in any
|
||
|
litigation concerning Licensed Software or this License. Any law or regulation
|
||
|
that provides that the language of a contract shall be construed against the
|
||
|
drafter shall not apply to this License.
|
||
|
|
||
|
13.9 Entire Agreement. This License constitutes the entire agreement between
|
||
|
the parties with respect to the subject matter hereof.
|
||
|
|
||
|
EXHIBIT A
|
||
|
|
||
|
The License Notice below must appear in each file of the Source Code of any
|
||
|
copy You distribute of the Licensed Software or any Extensions thereto:
|
||
|
|
||
|
Unless explicitly acquired and licensed from Licensor under another
|
||
|
license, the contents of this file are subject to the Reciprocal Public
|
||
|
License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL,
|
||
|
and You may not copy or use this file in either source code or executable
|
||
|
form, except in compliance with the terms and conditions of the RPL.
|
||
|
|
||
|
All software distributed under the RPL is provided strictly on an "AS
|
||
|
IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
|
||
|
LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
|
||
|
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
|
||
|
PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific
|
||
|
language governing rights and limitations under the RPL.
|
||
|
|
||
|
EXHIBIT B
|
||
|
|
||
|
The User-Visible Attribution Notice below, when provided, must appear in each
|
||
|
user-visible display as defined in Section 6.4 (d):
|
||
|
|