Version 1.1, November 1, 2002
Copyright (C) 2001-2002
Technical Pursuit Inc.,
All Rights Reserved.
This Preamble is intended to describe, in plain English, the nature,
intent, and scope of this License. However, this Preamble is not a part
of this License. The legal effect of this License is dependent only upon
the terms of the License and not this Preamble.
This License is based on the concept of reciprocity. In exchange for
being granted certain rights under the terms of this License to
Licensor's Software, whose Source Code You have access to, You are
required to reciprocate by providing equal access and rights to all
third parties to the Source Code of any Modifications, 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
Under the terms of this License You must:
a. Document any Modifications You make to the Licensed Software
including the nature of the change, the authors of the change, and
the date of the change. This documentation must appear both in the
Source Code and in a text file titled "CHANGES" distributed with the
Licensed Software and Your Extensions.
b. Make the Source Code for any Extensions You Deploy available in a
timely fashion via an Electronic Distribution Mechanism such as FTP
or HTTP download.
c. Notify the Licensor of the availability of Source Code to Your
Extensions in a timely fashion and include in such notice a brief
description of the Extensions, the distinctive title used, and
instructions on how to acquire the Source Code and future updates.
d. Grant Licensor and all third parties a world-wide, non-exclusive,
royalty-free license under any intellectual property rights owned or
controlled by You to use, reproduce, display, perform, modify,
sublicense, and distribute Your Extensions, in any form, under the
terms of this License.
1.0 General; Applicability & Definitions. This Reciprocal Public License
Version 1.1 ("License") applies to any programs or other works as well
as any and all updates or maintenance releases of said programs or works
("Software") not already covered by this License which the Software
copyright holder ("Licensor") makes publicly available containing a
Notice (hereinafter defined) from the Licensor specifying or allowing
use or distribution under the terms of this License. As used in this
License and Preamble:
1.1 "Contributor" means any person or entity who created or contributed
to the creation of an Extension.
1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed
Software other than for Your internal Research and/or Personal Use, and
includes without limitation, any and all internal use or distribution of
Licensed Software within Your business or organization other than for
Research and/or Personal Use, as well as direct or indirect sublicensing
or distribution of Licensed Software by You to any third party in any
form or manner.
1.3 "Derivative Works" as used in this License is defined under U.S.
1.4 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data such as download from an FTP or web site, where such
mechanism is publicly accessible.
1.5 "Extensions" means any Modifications, Derivative Works, or Required
Components as those terms are defined in this License.
1.6 "License" means this Reciprocal Public License.
1.7 "Licensed Software" means any Software licensed pursuant to this
License. Licensed Software also includes all previous Extensions from
any Contributor that You receive.
1.8 "Licensor" means the copyright holder of any Software previously
uncovered by this License who releases the Software under the terms of
1.9 "Modifications" means any additions to or deletions from the
substance or structure of (i) a file or other storage containing
Licensed Software, or (ii) any new file or storage that contains any
part of Licensed Software, or (iii) any file or storage which replaces
or otherwise alters the original functionality of Licensed Software at
1.10 "Notice" means the notice contained in EXHIBIT A.
1.11 "Personal Use" means use of Licensed Software by an individual
solely for his or her personal, private and non-commercial purposes. An
individual's use of Licensed Software in his or her capacity as an
officer, employee, member, independent contractor or agent of a
corporation, business or organization (commercial or non-commercial)
does not qualify as Personal Use.
1.12 "Required Components" means any text, programs, scripts, schema,
interface definitions, control files, or other works created by You
which are required by a third party of average skill to successfully
install and run Licensed Software containing Your Modifications, or to
install and run Your Derivative Works.
1.13 "Research" means investigation or experimentation for the purpose
of understanding the nature and limits of the Licensed Software and its
1.14 "Serve" means to deliver Licensed Software and/or Your Extensions
by means of a computer network to one or more computers for purposes of
execution of Licensed Software and/or Your Extensions.
1.15 "Software" means any computer programs or other works as well as
any updates or maintenance releases of those programs or works which are
distributed publicly by Licensor.
1.16 "Source Code" means the preferred form for making modifications to
the Licensed Software and/or Your Extensions, including all modules
contained therein, plus any associated text, interface definition files,
scripts used to control compilation and installation of an executable
program or other components required by a third party of average skill
to build a running version of the Licensed Software or Your Extensions.
1.17 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your" includes
any entity which controls, is controlled by, or is under common control
with, You, where "control" means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.
2.0 Acceptance Of License. You are not required to accept this License
since you have not signed it, however nothing else grants you permission
to use, copy, distribute, modify, or create derivatives of either the
Software or any Extensions created by a Contributor. These actions are
prohibited by law if you do not accept this License. Therefore, by
performing any of these actions You indicate Your acceptance of this
License and Your agreement to be bound by all its terms and conditions.
IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO
NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT
IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF
THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR
DISTRIBUTE THE SOFTWARE.
3.0 Grant of License From Licensor. Subject to the terms and conditions
of this License, Licensor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to Licensor's intellectual property
rights, and any third party intellectual property claims derived from
the Licensed Software under this License, to do the following:
3.1 Use, reproduce, modify, display, perform, sublicense and distribute
Licensed Software and Your Extensions in both Source Code form or as an
3.2 Create Derivative Works (as that term is defined under U.S.
copyright law) of Licensed Software by adding to or deleting from the
substance or structure of said Licensed Software.
3.3 Under claims of patents now or hereafter owned or controlled by
Licensor, to make, use, have made, and/or otherwise dispose of Licensed
Software or portions thereof, but solely to the extent that any such
claim is necessary to enable You to make, use, have made, and/or
otherwise dispose of Licensed Software or portions thereof.
3.4 Licensor reserves the right to release new versions of the Software
with different features, specifications, capabilities, functions,
licensing terms, general availability or other characteristics. Title,
ownership rights, and intellectual property rights in and to the
Licensed Software shall remain in Licensor and/or its Contributors.
4.0 Grant of License From Contributor. By application of the provisions
in Section 6 below, each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to said Contributor's
intellectual property rights, and any third party intellectual property
claims derived from the Licensed Software under this License, to do the
4.1 Use, reproduce, modify, display, perform, sublicense and distribute
any Extensions Deployed by such Contributor or portions thereof, in both
Source Code form or as an executable program, either on an unmodified
basis or as part of Derivative Works.
4.2 Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, have made, and/or otherwise dispose of
Extensions or portions thereof, but solely to the extent that any such
claim is necessary to enable You to make, use, have made, and/or
otherwise dispose of Contributor's Extensions or portions thereof.
5.0 Exclusions From License Grant. Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. Except as expressly
stated in Sections 3 and 4, no other patent rights, express or implied,
are granted herein. Your Extensions may require additional patent
licenses from Licensor or Contributors which each may grant in its sole
discretion. No right is granted to the trademarks of Licensor or any
Contributor even if such marks are included in the Licensed Software.
Nothing in this License shall be interpreted to prohibit Licensor from
licensing under different terms from this License any code that Licensor
otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each
Contributor grants the licenses to their respective portions of the
Licensed Software set forth herein, no assurances are provided by
Licensor or any Contributor that the Licensed Software does not infringe
the patent or other intellectual property rights of any other entity.
Licensor and each Contributor disclaim any liability to You for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights
and licenses granted hereunder, You hereby assume sole responsibility to
secure any other intellectual property rights needed, if any. For
example, if a third party patent license is required to allow You to
distribute the Licensed Software, it is Your responsibility to acquire
that license before distributing the Licensed Software.
6.0 Your Obligations And Grants. In consideration of, and as an express
condition to, the licenses granted to You under this License You hereby
agree that any Modifications, Derivative Works, or Required Components
(collectively Extensions) that You create or to which You contribute are
governed by the terms of this License including, without limitation,
Section 4. Any Extensions that You create or to which You contribute
must be Deployed under the terms of this License or a future version
of this License released under Section 7. You hereby grant to Licensor
and all third parties a world-wide, non-exclusive, royalty-free license
under those intellectual property rights You own or control to use,
reproduce, display, perform, modify, create derivatives, sublicense, and
distribute Your Extensions, in any form. Any Extensions You make and
Deploy must have a distinct title so as to readily tell any subsequent
user or Contributor that the Extensions are by You. You must include a
copy of this License with every copy of the Extensions You distribute.
You agree not to offer or impose any terms on any Source Code or
executable version of the Licensed Software, or its Extensions that
alter or restrict the applicable version of this License or the
recipients' rights hereunder.
6.1 Availability of Source Code. You must make available, under the
terms of this License, the Source Code of the Licensed Software and any
Extensions that You Deploy, either on the same media as You distribute
any executable or other form of the Licensed Software, or via an
Electronic Distribution Mechanism. The Source Code for any version of
Licensed Software, or its Extensions that You Deploy must be made
available at the time of Deployment and must remain available for as
long as You Deploy the Extensions or at least twelve (12) months after
the date You Deploy, whichever is longer. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party. You
may not charge a fee for the Source Code distributed under this Section
in excess of Your actual cost of duplication and distribution where such
duplication and distribution involve physical media.
6.2 Description of Modifications. You must cause any Modifications that
You create or to which You contribute, to update the file titled
"CHANGES" distributed with Licensed Software documenting the additions,
changes or deletions You made, the authors of such Modifications, and
the dates of any such additions, changes or deletions. You must also
cause a cross-reference to appear in the Source Code at the location of
each change. You must include a prominent statement that the
Modifications are derived, directly or indirectly, from the Licensed
Software and include the names of the Licensor and any Contributor to
the Licensed Software in (i) the Source Code and (ii) in any notice
displayed by the Licensed Software You distribute or in related
documentation in which You describe the origin or ownership of the
Licensed Software. You may not modify or delete any pre-existing
copyright notices, change notices or License text in the Licensed
6.3 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
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