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