RPL version 1.1
Randall Burns
randall_burns at yahoo.com
Wed Oct 16 04:23:43 UTC 2002
A while back, I submitted a license to this list a
software license the we wanted to get approval on.
We've rewritten the license-and hope that we've
covered the objections that were raised then-so we'd
like folks to take another look at it. Thanks for the
previous input.
RJB
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. 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. 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.
===============================
RECIPROCAL PUBLIC LICENSE
Version 1.1, November 1, 2002
Copyright (C) 2001-2002
Technical Pursuit Inc.,
All Rights Reserved.
PREAMBLE
This Preamble is intended to describe, in plain
English, the nature,
intent, and scope of this License. However, this
Preamble is not a part
of this License. The legal effect of this License is
dependent only
upon
the terms of the License and not this Preamble.
This License is based on the concept of reciprocity.
In exchange for
being granted certain rights under the terms of this
License to
Licensor's Software, whose Source Code You have access
to, You are
required to reciprocate by providing equal access and
rights to all
third parties to the Source Code of any Modifications,
Derivative
Works,
and Required Components for execution of same
(collectively defined as
Extensions) that You Deploy by Deploying Your
Extensions under the
terms
of this License. In this fashion the available Source
Code related to
the original Licensed Software is enlarged for the
benefit of everyone.
Under the terms of this License You may:
a. Distribute the Licensed Software exactly as You
received it under
the
terms of this License either alone or as a
component of an aggregate
software distribution containing programs from
several different
sources without payment of a royalty or other fee.
b. Use the Licensed Software for any purpose
consistent with the rights
granted by this License, but the Licensor is not
providing You any
warranty whatsoever, nor is the Licensor accepting
any liability in
the event that the Licensed Software doesn't work
properly or causes
You any injury or damages.
c. Create Extensions to the Licensed Software
consistent with the
rights
granted by this License, provided that You make the
Source Code to
any Extensions You Deploy available to all third
parties under the
terms of this License, document Your Modifications
clearly, and
title
all Extensions distinctly from the Licensed
Software.
d. Charge a fee for warranty or support, or for
accepting indemnity or
liability obligations for Your customers.
Under the terms of this License You may not:
a. Charge for the Source Code to the Licensed
Software, or Your
Extensions, other than a nominal fee not to exceed
Your cost for
reproduction and distribution where such
reproduction and
distribution involve physical media.
b. Modify or delete any pre-existing copyright
notices, change notices,
or License text in the Licensed Software.
c. Assert any patent claims against the Licensor or
Contributors, or
which would in any way restrict the ability of any
third party to
use
the Licensed Software or portions thereof in any
form under the
terms
of this License, or Your rights to the Licensed
Software under this
License automatically terminate.
d. Represent either expressly or by implication,
appearance, or
otherwise that You represent Licensor or
Contributors in any
capacity
or that You have any form of legal association by
virtue of this
License.
Under the terms of this License You must:
a. Document any Modifications You make to the Licensed
Software
including the nature of the change, the authors of
the change, and
the date of the change. This documentation must
appear both in the
Source Code and in a text file titled "CHANGES"
distributed with the
Licensed Software and Your Extensions.
b. Make the Source Code for any Extensions You Deploy
available in a
timely fashion via an Electronic Distribution
Mechanism such as FTP
or HTTP download.
c. Notify the Licensor of the availability of Source
Code to Your
Extensions in a timely fashion and include in such
notice a brief
description of the Extensions, the distinctive
title used, and
instructions on how to acquire the Source Code and
future updates.
d. Grant Licensor and all third parties a world-wide,
non-exclusive,
royalty-free license under any intellectual
property rights owned or
controlled by You to use, reproduce, display,
perform, modify,
sublicense, and distribute Your Extensions, in any
form, under the
terms of this License.
LICENSE TERMS
1.0 General; Applicability & Definitions. This
Reciprocal Public
License
Version 1.0 ("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.
copyright law.
1.4 "Electronic Distribution Mechanism" means a
mechanism generally
accepted in the software development community for the
electronic
transfer of data such as download from an FTP or web
site, where such
mechanism is publicly accessible.
1.5 "Extensions" means any Modifications, Derivative
Works, or Required
Components as those terms are defined in this License.
1.6 "License" means this Reciprocal Public License.
1.7 "Licensed Software" means any Software licensed
pursuant to this
License. Licensed Software also includes all previous
Extensions from
any Contributor that You receive.
1.8 "Licensor" means the copyright holder of any
Software previously
uncovered by this License who releases the Software
under the terms of
this License.
1.9 "Modifications" means any additions to or
deletions from the
substance or structure of (i) a file or other storage
containing
Licensed Software, or (ii) any new file or storage
that contains any
part of Licensed Software, or (iii) any file or
storage which replaces
or otherwise alters the original functionality of
Licensed Software at
runtime.
1.10 "Notice" means the notice contained in EXHIBIT A.
1.11 "Personal Use" means use of Licensed Software by
an individual
solely for his or her personal, private and
non-commercial purposes. An
individual's use of Licensed Software in his or her
capacity as an
officer, employee, member, independent contractor or
agent of a
corporation, business or organization (commercial or
non-commercial)
does not qualify as Personal Use.
1.12 "Required Components" means any text, programs,
scripts, schema,
interface definitions, control files, or other works
created by You
which are required by a third party of average skill
to successfully
install and run Licensed Software containing Your
Modifications, or to
install and run Your Derivative Works.
1.13 "Research" means investigation or experimentation
for the purpose
of understanding the nature and limits of the Licensed
Software and its
potential uses.
1.14 "Serve" means to deliver Licensed Software and/or
Your Extensions
by means of a computer network to one or more
computers for purposes of
execution of Licensed Software and/or Your Extensions.
1.15 "Software" means any computer programs or other
works as well as
any updates or maintenance releases of those programs
or works which
are
distributed publicly by Licensor.
1.16 "Source Code" means the preferred form for making
modifications to
the Licensed Software and/or Your Extensions,
including all modules
contained therein, plus any associated text, interface
definition
files,
scripts used to control compilation and installation
of an executable
program or other components required by a third party
of average skill
to build a running version of the Licensed Software or
Your Extensions.
1.17 "You" or "Your" means an individual or a legal
entity exercising
rights under this License. For legal entities, "You"
or "Your" includes
any entity which controls, is controlled by, or is
under common control
with, You, where "control" means (a) the power, direct
or indirect, to
cause the direction or management of such entity,
whether by contract
or otherwise, or (b) ownership of fifty percent (50%)
or more of the
outstanding shares or beneficial ownership of such
entity.
2.0 Acceptance Of License. You are not required to
accept this License
since you have not signed it, however nothing else
grants you
permission
to use, copy, distribute, modify, or create
derivatives of either the
Software or any Extensions created by a Contributor.
These actions are
prohibited by law if you do not accept this License.
Therefore, by
performing any of these actions You indicate Your
acceptance of this
License and Your agreement to be bound by all its
terms and conditions.
IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS
OF THIS LICENSE
DO
NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE
SOFTWARE. IF IT
IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND
CONDITIONS OF
THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE
DERIVATIVES, OR
DISTRIBUTE THE SOFTWARE.
3.0 Grant of License From Licensor. Subject to the
terms and conditions
of this License, Licensor hereby grants You a
world-wide, royalty-free,
non-exclusive license, subject to Licensor's
intellectual property
rights, and any third party intellectual property
claims derived from
the Licensed Software under this License, to do the
following:
3.1 Use, reproduce, modify, display, perform,
sublicense and distribute
Licensed Software and Your Extensions in both Source
Code form or as an
executable program.
3.2 Create Derivative Works (as that term is defined
under U.S.
copyright law) of Licensed Software by adding to or
deleting from the
substance or structure of said Licensed Software.
3.3 Under claims of patents now or hereafter owned or
controlled by
Licensor, to make, use, have made, and/or otherwise
dispose of Licensed
Software or portions thereof, but solely to the extent
that any such
claim is necessary to enable You to make, use, have
made, and/or
otherwise dispose of Licensed Software or portions
thereof.
3.4 Licensor reserves the right to release new
versions of the Software
with different features, specifications, capabilities,
functions,
licensing terms, general availability or other
characteristics. Title,
ownership rights, and intellectual property rights in
and to the
Licensed Software shall remain in Licensor and/or its
Contributors.
4.0 Grant of License From Contributor. By application
of the provisions
in Section 6 below, each Contributor hereby grants You
a world-wide,
royalty-free, non-exclusive license, subject to said
Contributor's
intellectual property rights, and any third party
intellectual property
claims derived from the Licensed Software under this
License, to do the
following:
4.1 Use, reproduce, modify, display, perform,
sublicense and distribute
any Extensions Deployed by such Contributor or
portions thereof, in
both
Source Code form or as an executable program, either
on an unmodified
basis or as part of Derivative Works.
4.2 Under claims of patents now or hereafter owned or
controlled by
Contributor, to make, use, have made, and/or otherwise
dispose of
Extensions or portions thereof, but solely to the
extent that any such
claim is necessary to enable You to make, use, have
made, and/or
otherwise dispose of Contributor's Extensions or
portions thereof.
5.0 Exclusions From License Grant. Nothing in this
License shall be
deemed to grant any rights to trademarks, copyrights,
patents, trade
secrets or any other intellectual property of Licensor
or any
Contributor except as expressly stated herein. Except
as expressly
stated in Sections 3 and 4, no other patent rights,
express or implied,
are granted herein. Your Extensions may require
additional patent
licenses from Licensor or Contributors which each may
grant in its sole
discretion. No right is granted to the trademarks of
Licensor or any
Contributor even if such marks are included in the
Licensed Software.
Nothing in this License shall be interpreted to
prohibit Licensor from
licensing under different terms from this License any
code that
Licensor
otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although
Licensor and each
Contributor grants the licenses to their respective
portions of the
Licensed Software set forth herein, no assurances are
provided by
Licensor or any Contributor that the Licensed Software
does not
infringe
the patent or other intellectual property rights of
any other entity.
Licensor and each Contributor disclaim any liability
to You for claims
brought by any other entity based on infringement of
intellectual
property rights or otherwise. As a condition to
exercising the rights
and licenses granted hereunder, You hereby assume sole
responsibility
to
secure any other intellectual property rights needed,
if any. For
example, if a third party patent license is required
to allow You to
distribute the Licensed Software, it is Your
responsibility to acquire
that license before distributing the Licensed
Software.
6.0 Your Obligations And Grants. In consideration of,
and as an express
condition to, the licenses granted to You under this
License You hereby
agree that any Modifications, Derivative Works, or
Required Components
(collectively Extensions) that You create or to which
You contribute
are
governed by the terms of this License including,
without limitation,
Section 4. Any Extensions that You create or to which
You contribute
must be Deployed under the terms of this License or a
future version
of this License released under Section 7. You hereby
grant to Licensor
and all third parties a world-wide, non-exclusive,
royalty-free license
under those intellectual property rights You own or
control to use,
reproduce, display, perform, modify, create
derivatives, sublicense,
and
distribute Your Extensions, in any form. Any
Extensions You make and
Deploy must have a distinct title so as to readily
tell any subsequent
user or Contributor that the Extensions are by You.
You must include a
copy of this License with every copy of the Extensions
You distribute.
You agree not to offer or impose any terms on any
Source Code or
executable version of the Licensed Software, or its
Extensions that
alter or restrict the applicable version of this
License or the
recipients' rights hereunder.
6.1 Availability of Source Code. You must make
available, under the
terms of this License, the Source Code of the Licensed
Software and any
Extensions that You Deploy, either on the same media
as You distribute
any executable or other form of the Licensed Software,
or via an
Electronic Distribution Mechanism. The Source Code for
any version of
Licensed Software, or its Extensions that You Deploy
must be made
available at the time of Deployment and must remain
available for as
long as You Deploy the Extensions or at least twelve
(12) months after
the date You Deploy, whichever is longer. You are
responsible for
ensuring that the Source Code version remains
available even if the
Electronic Distribution Mechanism is maintained by a
third party. You
may not charge a fee for the Source Code distributed
under this Section
in excess of Your actual cost of duplication and
distribution where
such
duplication and distribution involve physical media.
6.2 Description of Modifications. You must cause any
Modifications that
You create or to which You contribute, to update the
file titled
"CHANGES" distributed with Licensed Software
documenting the additions,
changes or deletions You made, the authors of such
Modifications, and
the dates of any such additions, changes or deletions.
You must also
cause a cross-reference to appear in the Source Code
at the location of
each change. You must include a prominent statement
that the
Modifications are derived, directly or indirectly,
from the Licensed
Software and include the names of the Licensor and any
Contributor to
the Licensed Software in (i) the Source Code and (ii)
in any notice
displayed by the Licensed Software You distribute or
in related
documentation in which You describe the origin or
ownership of the
Licensed Software. You may not modify or delete any
pre-existing
copyright notices, change notices or License text in
the Licensed
Software.
6.3 Intellectual Property Matters.
a. Third Party Claims. If You have knowledge that a
license to a third
party's intellectual property right is required to
exercise the
rights granted by this License, You must include a
text file with
the
Source Code distribution titled "LEGAL" that
describes the claim and
the party making the claim in sufficient detail
that a recipient
will
know whom to contact. If You obtain such knowledge
after You make
any
Extensions available as described in Section 6.1,
You shall promptly
modify the LEGAL file in all copies You make
available thereafter
and
shall take other steps (such as notifying
appropriate mailing lists
or newsgroups) reasonably calculated to inform
those who received
the
Licensed Software from You that new knowledge has
been obtained.
b. Contributor APIs. If Your Extensions include an
application
programming interface ("API") and You have
knowledge of patent
licenses that are reasonably necessary to implement
that API, You
must also include this information in the LEGAL
file.
c. Representations. You represent that, except as
disclosed pursuant to
6.3(a) above, You believe that any Extensions You
distribute are
Your
original creations and that You have sufficient
rights to grant the
rights conveyed by this License.
6.4 Required Notices.
a. License Text. You must duplicate this License in
any documentation
You provide along with the Source Code of any
Extensions You create
or to which You contribute, wherever You describe
recipients' rights
relating to Licensed Software. You must duplicate
the notice
contained in EXHIBIT A (the "Notice") in each file
of the Source
Code
of any copy You distribute of the Licensed Software
and Your
Extensions. If You create an Extension, You may add
Your name as a
Contributor to the text file titled "CONTRIB"
distributed with the
Licensed Software along with a description of the
contribution. If
it
is not possible to put the Notice in a particular
Source Code file
due to its structure, then You must include such
Notice in a
location
(such as a relevant directory file) where a user
would be likely to
look for such a notice.
b. Source Code Availability. You must notify Licensor
within one (1)
month of the date You initially Deploy of the
availability of Source
Code to Your Extensions and include in such
notification the name
under which you Deployed Your Extensions, a
description of the
Extensions, and instructions on how to acquire the
Source Code,
including instructions on how to acquire updates
over time. Should
such instructions change you must provide Licensor
with revised
instructions within one (1) month of the date of
change. Should you
be unable to notify Licensor directly, you must
provide notification
by posting to appropriate news groups, mailing
lists, or web sites
where a search engine would reasonably be expected
to index them.
6.5 Additional Terms. You may choose to offer, and
charge a fee for,
warranty, support, indemnity or liability obligations
to one or more
recipients of Licensed Software. However, You may do
so only on Your
own behalf, and not on behalf of the Licensor or any
Contributor. You
must make it clear that any such warranty, support,
indemnity or
liability obligation is offered by You alone, and You
hereby agree to
indemnify the Licensor and every Contributor for any
liability plus
attorney fees, costs, and related expenses due to any
such action or
claim incurred by the Licensor or such Contributor as
a result of
warranty, support, indemnity or liability terms You
offer.
6.6 Conflicts With Other Licenses. Where any portion
of Your
Extensions,
by virtue of being Derivative Works of another product
or similar
circumstance, fall under the terms of another license,
the terms of
that
license should be honored however You must also make
Your Extensions
available under this License. If the terms of this
License continue to
conflict with the terms of the other license you may
write the Licensor
for permission to resolve the conflict in a fashion
that remains
consistent with the intent of this License. Such
permission will be
granted at the sole discretion of the Licensor.
7.0 Versions of This License. Licensor may publish
from time to time
revised and/or new versions of the License. Once
Licensed Software has
been published under a particular version of the
License, You may
always
continue to use it under the terms of that version.
You may also choose
to use such Licensed Software under the terms of any
subsequent version
of the License published by Licensor. No one other
than Licensor has
the
right to modify the terms applicable to Licensed
Software created under
this License.
7.1 If You create or use a modified version of this
License, which You
may do only in order to apply it to software that is
not already
Licensed Software under this License, You must rename
Your license so
that it is not confusingly similar to this License,
and must make it
clear that Your license contains terms that differ
from this License.
In
so naming Your license, You may not use any trademark
of Licensor or of
any Contributor. Should Your modifications to this
License be limited
to
alteration of EXHIBIT A purely for purposes of
adjusting the Notice You
require of licensees, You may continue to refer to
Your License as the
Reciprocal Public License or simply the RPL.
8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS
PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY
KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE
LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A
PARTICULAR
PURPOSE OR NON-INFRINGING. FURTHER THERE IS NO
WARRANTY MADE AND ALL
IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED
SOFTWARE MEETS OR
COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR
OPERATION, SAID
COMPATIBILITY AND SUITABILITY BEING YOUR
RESPONSIBILITY. LICENSOR
DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY
CONTRIBUTOR'S
EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR
DESCRIPTION OF
PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE
LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED
SOFTWARE PROVE DEFECTIVE
IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER
CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION.
UNDER
THE TERMS OF THIS LICENSOR WILL NOT SUPPORT THIS
SOFTWARE AND IS UNDER
NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE.
LICENSOR HAS NO
KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE,
BUT DOES NOT
WARRANT
THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES.
THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF
LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT,
OR OTHERWISE,
SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY
DISTRIBUTOR OF LICENSED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND
ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
ALLOW THE
EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
10.0 High Risk Activities. THE LICENSED SOFTWARE IS
NOT FAULT-TOLERANT
AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE
OR DISTRIBUTION
AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF
NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR
TRAFFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN
WHICH THE FAILURE
OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK
ACTIVITIES").
LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY
EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11.0 Responsibility for Claims. As between Licensor
and Contributors,
each party is responsible for claims and damages
arising, directly or
indirectly, out of its utilization of rights under
this License which
specifically disclaims warranties and limits any
liability of the
Licensor. This paragraph is to be used in conjunction
with and
controlled by the Disclaimer Of Warranties of Section
8, the Limitation
Of Damages in Section 9, and the disclaimer against
use for High Risk
Activities in Section 10. The Licensor has thereby
disclaimed all
warranties and limited any damages that it is or may
be liable for. You
agree to work with Licensor and Contributors to
distribute such
responsibility on an equitable basis consistent with
the terms of this
License including Sections 8, 9, and 10. Nothing
herein is intended or
shall be deemed to constitute any admission of
liability.
12.0 Termination. This License and all rights granted
hereunder will
terminate immediately in the event of the
circumstances described in
Section 13.6 or if applicable law prohibits or
restricts You from
fully and or specifically complying with Sections 3, 4
and/or 6, or
prevents the enforceability of any of those Sections,
and You must
immediately discontinue any use of Licensed Software.
12.1 Automatic Termination Upon Breach. This License
and the rights
granted hereunder will terminate automatically if You
fail to comply
with the terms herein and fail to cure such breach
within thirty (30)
days of becoming aware of the breach. All sublicenses
to the Licensed
Software that are properly granted shall survive any
termination of
this
License. Provisions that, by their nature, must remain
in effect beyond
the termination of this License, shall survive.
12.2 Termination Upon Assertion of Patent
Infringement. If You initiate
litigation by asserting a patent infringement claim
(excluding
declaratory judgment actions) against Licensor or a
Contributor
(Licensor or Contributor against whom You file such an
action is
referred to herein as "Respondent") alleging that
Licensed Software
directly or indirectly infringes any patent, then any
and all rights
granted by such Respondent to You under Sections 3 or
4 of this License
shall terminate prospectively upon sixty (60) days
notice from
Respondent (the "Notice Period") unless within that
Notice Period You
either agree in writing (i) to pay Respondent a
mutually agreeable
reasonably royalty for Your past or future use of
Licensed Software
made
by such Respondent, or (ii) withdraw Your litigation
claim with respect
to Licensed Software against such Respondent. If
within said Notice
Period a reasonable royalty and payment arrangement
are not mutually
agreed upon in writing by the parties or the
litigation claim is not
withdrawn, the rights granted by Licensor to You under
Sections 3 and 4
automatically terminate at the expiration of said
Notice Period.
12.3 Reasonable Value of This License. If You assert a
patent
infringement claim against Respondent alleging that
Licensed Software
directly or indirectly infringes any patent where such
claim is
resolved
(such as by license or settlement) prior to the
initiation of patent
infringement litigation, then the reasonable value of
the licenses
granted by said Respondent under Sections 3 and 4
shall be taken into
account in determining the amount or value of any
payment or license.
12.4 No Retroactive Effect of Termination. In the
event of termination
under this Section all end user license agreements
(excluding licenses
to distributors and resellers) that have been validly
granted by You or
any distributor hereunder prior to termination shall
survive
termination.
13.0 Miscellaneous.
13.1 U.S. Government End Users. The Licensed Software
is a "commercial
item," as that term is defined in 48 C.F.R. 2.101
(Oct. 1995),
consisting of "commercial computer software" and
"commercial computer
software documentation," as such terms are used in 48
C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R.
227.7202-1
through 227.7202-4 (June 1995), all U.S. Government
End Users acquire
Licensed Software with only those rights set forth
herein.
13.2 Relationship of Parties. This License will not be
construed as
creating an agency, partnership, joint venture, or any
other form of
legal association between or among You, Licensor, or
any Contributor,
and You will not represent to the contrary, whether
expressly, by
implication, appearance, or otherwise.
13.3 Independent Development. Nothing in this License
will impair
Licensor's right to acquire, license, develop,
subcontract, market, or
distribute technology or products that perform the
same or similar
functions as, or otherwise compete with, Extensions
that You may
develop, produce, market, or distribute.
13.4 Consent To Breach Not Waiver. Failure by Licensor
or Contributor
to
enforce any provision of this License will not be
deemed a waiver of
future enforcement of that or any other provision.
13.5 Severability. This License represents the
complete agreement
concerning the subject matter hereof. If any provision
of this License
is held to be unenforceable, such provision shall be
reformed only to
the extent necessary to make it enforceable.
13.6 Inability to Comply Due to Statute or Regulation.
If it is
impossible for You to comply with any of the terms of
this License with
respect to some or all of the Licensed Software due to
statute,
judicial
order, or regulation, then You cannot use, modify, or
distribute the
software.
13.7 Export Restrictions. You may be restricted with
respect to
downloading or otherwise acquiring, exporting, or
reexporting the
Licensed Software or any underlying information or
technology by United
States and other applicable laws and regulations. By
downloading or by
otherwise obtaining the Licensed Software, You are
agreeing to be
responsible for compliance with all applicable laws
and regulations.
13.8 Arbitration, Jurisdiction & Venue. This License
shall be governed
by Colorado law provisions (except to the extent
applicable law, if
any,
provides otherwise), excluding its conflict-of-law
provisions. You
expressly agree that any dispute relating to this
License shall be
submitted to binding arbitration under the rules then
prevailing of the
American Arbitration Association. You further agree
that Adams County,
Colorado USA is proper venue and grant such
arbitration proceeding
jurisdiction as may be appropriate for purposes of
resolving any
dispute
under this License. Judgment upon any award made in
arbitration may be
entered and enforced in any court of competent
jurisdiction. The
arbitrator shall award attorney's fees and costs of
arbitration to the
prevailing party. Should either party find it
necessary to enforce its
arbitration award or seek specific performance of such
award in a civil
court of competent jurisdiction, the prevailing party
shall be entitled
to reasonable attorney's fees and costs. The
application of the United
Nations Convention on Contracts for the International
Sale of Goods is
expressly excluded. You and Licensor expressly waive
any rights to a
jury trial in any litigation concerning Licensed
Software or this
License. Any law or regulation that provides that the
language of a
contract shall be construed against the drafter shall
not apply to this
License.
13.9 Entire Agreement. This License constitutes the
entire agreement
between the parties with respect to the subject matter
hereof.
EXHIBIT A
The Notice below must appear in each file of the
Source Code of any
copy
You distribute of the Licensed Software or any
Extensions thereto,
except as may be modified as allowed under the terms
of Section 7.1
Copyright (C) 1999-2002 Technical Pursuit Inc., All
Rights
Reserved. Patent Pending, Technical Pursuit Inc.
Unless explicitly acquired and licensed from Licensor
under the
Technical Pursuit License ("TPL") Version 1.0 or
greater, the
contents of this file are subject to the Reciprocal
Public License
("RPL") Version 1.1, or subsequent versions as
allowed by the RPL,
and You may not copy or use this file in either
source code or
executable form, except in compliance with the terms
and conditions
of the RPL.
You may obtain a copy of both the TPL and the RPL
(the "Licenses")
from Technical Pursuit Inc. at
http://www.technicalpursuit.com.
All software distributed under the Licenses is
provided strictly on
an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR
IMPLIED, AND TECHNICAL PURSUIT INC. HEREBY DISCLAIMS
ALL SUCH
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT,
OR NON-INFRINGEMENT. See the Licenses for specific
language
governing rights and limitations under the Licenses.
__________________________________________________
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