discuss: RPL version 1.1
randall_burns at yahoo.com
Mon Nov 18 06:53:31 UTC 2002
[ please discuss this license. -russ ]
1. Link to proposed Open Source License
2. Justification for a New license
The Reciprocal Public License (RPL) is a license
derived largely from the Apple Public Source License
or APSL version 1.2 and the GNU General Public License
version 2. The LGPL and MPL were also referenced, as
was the Jabber Open Source License. Our main goal in
creating the RPL was to create a license similar in
intent to the GPL with respect to being "viral", but
which did not include a "privacy clause" such as that
found in the GPL. In particular, we wanted to ensure
that consumers of RPL code were required to release
their source code under the RPL subsequent to any
deployment, internal or otherwise. We further wanted
to create terminology surrounding the question of what
code was covered that did not rely on terms such as
"linking" etc. which are difficult to define in a
world dominated by interpreted languages and virtual
machines. The RPL's use of the term "Required
Components" addresses this issue while attempting to
remain open to the integration of RPL-based code with
code from other licenses. One additional goal was to
create a license that could be used by other parties
in licensing their code, therefore we've attempted to
limit references to a specific company and provided
for the construction of derivative licenses whose only
modification is to the Notice required in each source
code file, as well as other license derivatives so
long as they are renamed to avoid confusion.
3. How software distributed under our license can be
used in conjunction with software distributed under
other open source licenses.
We feel the RPL is compatible for use with other open
source licenses. First, the RPL makes no claims on
code which is not authored by the licensee. For code
which is authored by the licensee there are a few
scenarios. If the new code wouldn't be covered by
another license the RPL applies and the new code is
inherently governed by the RPL. When code authored by
the licensee is a derivative work of code licensed
under a different license, the RPL requires that the
new code be dual-licensed such that both licenses may
be honored while ensuring that a pure-RPL version
remains available to all parties(this does have the
effect of requiring disclosure in situations where the
GPL would not-derivative code used internally in large
companies or government institutions must be disclosed
for example). When, for some reason, a conflict in
license terms would still exist the RPL specifies that
the licensee should contact the Licensor for
permission to resolve the conflicting terms in a
fashion which remains consistent with the intent of
the RPL. See Section 6.6 for specific wording here.
-- License follows:
RECIPROCAL PUBLIC LICENSE
Version 1.1, November 1, 2002
Copyright (C) 2001-2002
Technical Pursuit Inc.,
All Rights Reserved.
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, Derivitive 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, apppearance, or
otherwise that You represent Licensor or Contributors in any capacity
or that You have any form of legal association by virtue of this
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.
1.0 General; Applicability & Definitions. This Reciprocal Public License
Version 1.0 ("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.
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
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
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
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
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
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
6.3Intellectual 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.
7.0Versions 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
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.
9.0Limitation 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
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 expressely, 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
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 Assocation. 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
13.9 Entire Agreement. This License constitutes the entire agreement
between the parties with respect to the subject matter hereof.
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.
-- End of License
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