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