diff options
Diffstat (limited to 'meta/files/common-licenses/RPL-1')
| -rw-r--r-- | meta/files/common-licenses/RPL-1 | 582 |
1 files changed, 0 insertions, 582 deletions
diff --git a/meta/files/common-licenses/RPL-1 b/meta/files/common-licenses/RPL-1 deleted file mode 100644 index 764c6cd552..0000000000 --- a/meta/files/common-licenses/RPL-1 +++ /dev/null @@ -1,582 +0,0 @@ - -Reciprocal Public License 1.5 (RPL1.5) - -Reciprocal Public License (RPL) - -Version 1.5, July 15, 2007 - -Copyright (C) 2001-2007 -Technical Pursuit Inc., -All Rights Reserved. - -PREAMBLE - -The Reciprocal Public License (RPL) is based on the concept of reciprocity or, -if you prefer, fairness. - -In short, this license grew out of a desire to close loopholes in previous open -source licenses, loopholes that allowed parties to acquire open source software -and derive financial benefit from it without having to release their -improvements or derivatives to the community which enabled them. This occurred -any time an entity did not release their application to a "third -party". - -While there is a certain freedom in this model of licensing, it struck the -authors of the RPL as being unfair to the open source community at large and to -the original authors of the works in particular. After all, bug fixes, -extensions, and meaningful and valuable derivatives were not consistently -finding their way back into the community where they could fuel further, and -faster, growth and expansion of the overall open source software base. - -While you should clearly read and understand the entire license, the essence of -the RPL is found in two definitions: "Deploy" and "Required -Components". - -Regarding deployment, under the RPL your changes, bug fixes, extensions, etc. -must be made available to the open source community at large when you Deploy in -any form -- either internally or to an outside party. Once you start running -the software you have to start sharing the software. - -Further, under the RPL all components you author including schemas, scripts, -source code, etc. -- regardless of whether they're compiled into a single -binary or used as two halves of client/server application -- must be shared. -You have to share the whole pie, not an isolated slice of it. - -In addition to these goals, the RPL was authored to meet the requirements of -the Open Source Definition as maintained by the Open Source Initiative (OSI). - -The specific terms and conditions of the license are defined in the remainder -of this document. - -LICENSE TERMS - -1.0 General; Applicability & Definitions. This Reciprocal Public License -Version 1.5 ("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 available containing a License Notice (hereinafter -defined) -from the Licensor specifying or allowing use or distribution under the terms of -this License. As used in this License: - -1.1 "Contributor" means any person or entity who created or -contributed to the -creation of an Extension. - -1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed -Software -other than for Your internal Research and/or Personal Use, and includes -without limitation, any and all internal use or distribution of Licensed -Software within Your business or organization other than for Research and/or -Personal Use, as well as direct or indirect sublicensing or distribution of -Licensed Software by You to any third party in any form or manner. - -1.3 "Derivative Works" as used in this License is defined under U.S. -copyright -law. - -1.4 "Electronic Distribution Mechanism" means a mechanism generally -accepted -in the software development community for the electronic transfer of data such -as download from an FTP server 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 "License Notice" means any notice contained in EXHIBIT A. - -1.8 "Licensed Software" means any Software licensed pursuant to this -License. -Licensed Software also includes all previous Extensions from any Contributor -that You receive. - -1.9 "Licensor" means the copyright holder of any Software previously -not -covered by this License who releases the Software under the terms of this -License. - -1.10 "Modifications" means any additions to or deletions from the -substance or -structure of (i) a file or other storage containing Licensed Software, or (ii) -any new file or storage that contains any part of Licensed Software, or (iii) -any file or storage which replaces or otherwise alters the original -functionality of Licensed Software at runtime. - -1.11 "Personal Use" means use of Licensed Software by an individual -solely for -his or her personal, private and non-commercial purposes. An individual's use -of Licensed Software in his or her capacity as an officer, employee, member, -independent contractor or agent of a corporation, business or organization -(commercial or non-commercial) does not qualify as Personal Use. - -1.12 "Required Components" means any text, programs, scripts, schema, -interface definitions, control files, or other works created by You which are -required by a third party of average skill to successfully install and run -Licensed Software containing Your Modifications, or to install and run Your -Derivative Works. - -1.13 "Research" means investigation or experimentation for the -purpose of -understanding the nature and limits of the Licensed Software and its potential -uses. - -1.14 "Serve" means to deliver Licensed Software and/or Your -Extensions by -means of a computer network to one or more computers for purposes of execution -of Licensed Software and/or Your Extensions. - -1.15 "Software" means any computer programs or other works as well as -any -updates or maintenance releases of those programs or works which are -distributed publicly by Licensor. - -1.16 "Source Code" means the preferred form for making modifications -to the -Licensed Software and/or Your Extensions, including all modules contained -therein, plus any associated text, interface definition files, scripts used to -control compilation and installation of an executable program or other -components required by a third party of average skill to build a running -version of the Licensed Software or Your Extensions. - -1.17 "User-Visible Attribution Notice" means any notice contained in -EXHIBIT B. - -1.18 "You" or "Your" means an individual or a legal entity -exercising rights -under this License. For legal entities, "You" or "Your" -includes any entity -which controls, is controlled by, or is under common control with, You, where -"control" means (a) the power, direct or indirect, to cause the -direction or -management of such entity, whether by contract or otherwise, or (b) ownership -of fifty percent (50%) or more of the outstanding shares or beneficial -ownership of such entity. - -2.0 Acceptance Of License. You are not required to accept this License since -you have not signed it, however nothing else grants you permission to use, -copy, distribute, modify, or create derivatives of either the Software or any -Extensions created by a Contributor. These actions are prohibited by law if -you do not accept this License. Therefore, by performing any of these actions -You indicate Your acceptance of this License and Your agreement to be bound by -all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND -CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR -DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE -TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE -DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. - -3.0 Grant of License From Licensor. Subject to the terms and conditions of -this License, Licensor hereby grants You a world-wide, royalty-free, non- -exclusive license, subject to Licensor's intellectual property rights, and any -third party intellectual property claims derived from the Licensed Software -under this License, to do the following: - -3.1 Use, reproduce, modify, display, perform, sublicense and distribute -Licensed Software and Your Extensions in both Source Code form or as an -executable program. - -3.2 Create Derivative Works (as that term is defined under U.S. copyright law) -of Licensed Software by adding to or deleting from the substance or structure -of said Licensed Software. - -3.3 Under claims of patents now or hereafter owned or controlled by Licensor, -to make, use, have made, and/or otherwise dispose of Licensed Software or -portions thereof, but solely to the extent that any such claim is necessary to -enable You to make, use, have made, and/or otherwise dispose of Licensed -Software or portions thereof. - -3.4 Licensor reserves the right to release new versions of the Software with -different features, specifications, capabilities, functions, licensing terms, -general availability or other characteristics. Title, ownership rights, and -intellectual property rights in and to the Licensed Software shall remain in -Licensor and/or its Contributors. - -4.0 Grant of License From Contributor. By application of the provisions in -Section 6 below, each Contributor hereby grants You a world-wide, royalty- -free, non-exclusive license, subject to said Contributor's intellectual -property rights, and any third party intellectual property claims derived from -the Licensed Software under this License, to do the following: - -4.1 Use, reproduce, modify, display, perform, sublicense and distribute any -Extensions Deployed by such Contributor or portions thereof, in both Source -Code form or as an executable program, either on an unmodified basis or as -part of Derivative Works. - -4.2 Under claims of patents now or hereafter owned or controlled by -Contributor, to make, use, have made, and/or otherwise dispose of Extensions -or portions thereof, but solely to the extent that any such claim is necessary -to enable You to make, use, have made, and/or otherwise dispose of -Licensed Software 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 Licensed Software, 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 or directions on how to obtain a copy 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 any Extensions that You Deploy, via an -Electronic Distribution Mechanism. The Source Code for any version that You -Deploy must be made available within one (1) month of when you Deploy and must -remain available for no less than twelve (12) months after the date You cease -to Deploy. You are responsible for ensuring that the Source Code to each -version You Deploy remains available even if the Electronic Distribution -Mechanism is maintained by a third party. You may not charge a fee for any -copy of the Source Code distributed under this Section in excess of Your -actual cost of duplication and distribution of said copy. - -6.2 Description of Modifications. You must cause any Modifications that You -create or to which You contribute to be documented in the Source Code, clearly -describing the additions, changes or deletions You made. You must include a -prominent statement that the Modifications are derived, directly or indirectly, -from the Licensed Software and include the names of the Licensor and any -Contributor to the Licensed Software in (i) the Source Code and (ii) in any -notice displayed by the Licensed Software You distribute or in related -documentation in which You describe the origin or ownership of the Licensed -Software. You may not modify or delete any pre-existing copyright notices, -change notices or License text in the Licensed Software without written -permission of the respective Licensor or Contributor. - -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 human-readable file with Your distribution that -describes the claim and the party making the claim in sufficient detail that a -recipient will know whom to contact. - -b. Contributor APIs. If Your Extensions include an application programming -interface ("API") and You have knowledge of patent licenses that are -reasonably necessary to implement that API, You must also include this -information in a human-readable file supplied with Your distribution. - -c. Representations. You represent that, except as disclosed pursuant to 6.3(a) -above, You believe that any Extensions You distribute are Your original -creations and that You have sufficient rights to grant the rights conveyed by -this License. - -6.4 Required Notices. - -a. License Text. You must duplicate this License or instructions on how to -acquire a copy in any documentation You provide along with the Source Code of -any Extensions You create or to which You contribute, wherever You describe -recipients' rights relating to Licensed Software. - -b. License Notice. You must duplicate any notice contained in EXHIBIT A (the -"License Notice") in each file of the Source Code of any copy You -distribute -of the Licensed Software and Your Extensions. If You create an Extension, You -may add Your name as a Contributor to the Source Code and accompanying -documentation along with a description of the contribution. If it is not -possible to put the License Notice in a particular Source Code file due to its -structure, then You must include such License Notice in a location where a -user would be likely to look for such a notice. - -c. Source Code Availability. You must notify the software community of the -availability of Source Code to Your Extensions within one (1) month of the date -You initially Deploy and include in such notification a description of the -Extensions, and instructions on how to acquire the Source Code. Should such -instructions change you must notify the software community of revised -instructions within one (1) month of the date of change. You must provide -notification by posting to appropriate news groups, mailing lists, weblogs, or -other sites where a publicly accessible search engine would reasonably be -expected to index your post in relationship to queries regarding the Licensed -Software and/or Your Extensions. - -d. User-Visible Attribution. You must duplicate any notice contained in -EXHIBIT B (the "User-Visible Attribution Notice") in each user- -visible display -of the Licensed Software and Your Extensions which delineates copyright, -ownership, or similar attribution information. If You create an Extension, -You may add Your name as a Contributor, and add Your attribution notice, as an -equally visible and functional element of any User-Visible Attribution Notice -content. To ensure proper attribution, You must also include such User-Visible -Attribution Notice in at least one location in the Software documentation -where a user would be likely to look for such notice. - -6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, -support, indemnity or liability obligations to one or more recipients of -Licensed Software. However, You may do so only on Your own behalf, and not on -behalf of the Licensor or any Contributor except as permitted under other -agreements between you and Licensor or Contributor. You must make it clear that -any such warranty, support, indemnity or liability obligation is offered by You -alone, and You hereby agree to indemnify the Licensor and every Contributor for -any liability plus attorney fees, costs, and related expenses due to any such -action or claim incurred by the Licensor or such Contributor as a result of -warranty, support, indemnity or liability terms You offer. - -6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by -virtue of being Derivative Works of another product or similar circumstance, -fall under the terms of another license, the terms of that license should be -honored however You must also make Your Extensions available under this -License. If the terms of this License continue to conflict with the terms of -the other license you may write the Licensor for permission to resolve the -conflict in a fashion that remains consistent with the intent of this License. -Such permission will be granted at the sole discretion of the Licensor. - -7.0 Versions of This License. Licensor may publish from time to time revised -versions of the License. Once Licensed Software has been published under a -particular version of the License, You may always continue to use it under the -terms of that version. You may also choose to use such Licensed Software under -the terms of any subsequent version of the License published by Licensor. No -one other than Licensor has the right to modify the terms applicable to -Licensed Software created under this License. - -7.1 If You create or use a modified version of this License, which You may do -only in order to apply it to software that is not already Licensed Software -under this License, You must rename Your license so that it is not confusingly -similar to this License, and must make it clear that Your license contains -terms that differ from this License. In so naming Your license, You may not -use any trademark of Licensor or of any Contributor. Should Your modifications -to this License be limited to alteration of a) Section 13.8 solely to modify -the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define -License Notice text, or c) to EXHIBIT B solely to define a User-Visible -Attribution Notice, You may continue to refer to Your License as the -Reciprocal Public License or simply the RPL. - -8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE -ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR -IMPLIED, -INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE -OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. -FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED -THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF -PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR -RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT -ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION -OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE -LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY -RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST -OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS -LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE -UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN -THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS -OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS -LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS -DISCLAIMER. - -9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, -WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE -LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY -SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, -SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, -WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER -FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, -EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH -DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH -OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT -APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE -EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS -EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. - -10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS -NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE -CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, -SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR -COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR -WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD -DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE -("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY -DISCLAIM ANY -EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. - -11.0 Responsibility for Claims. As between Licensor and Contributors, each -party is responsible for claims and damages arising, directly or indirectly, -out of its utilization of rights under this License which specifically -disclaims warranties and limits any liability of the Licensor. This paragraph -is to be used in conjunction with and controlled by the Disclaimer Of -Warranties of Section 8, the Limitation Of Damages in Section 9, and the -disclaimer against use for High Risk Activities in Section 10. The Licensor -has thereby disclaimed all warranties and limited any damages that it is or -may be liable for. You agree to work with Licensor and Contributors to -distribute such responsibility on an equitable basis consistent with the terms -of this License including Sections 8, 9, and 10. Nothing herein is intended or -shall be deemed to constitute any admission of liability. - -12.0 Termination. This License and all rights granted hereunder will terminate -immediately in the event of the circumstances described in Section 13.6 or if -applicable law prohibits or restricts You from fully and or specifically -complying with Sections 3, 4 and/or 6, or prevents the enforceability of any -of those Sections, and You must immediately discontinue any use of Licensed -Software. - -12.1 Automatic Termination Upon Breach. This License and the rights granted -hereunder will terminate automatically if You fail to comply with the terms -herein and fail to cure such breach within thirty (30) days of becoming aware -of the breach. All sublicenses to the Licensed Software that are properly -granted shall survive any termination of this License. Provisions that, by -their nature, must remain in effect beyond the termination of this License, -shall survive. - -12.2 Termination Upon Assertion of Patent Infringement. If You initiate -litigation by asserting a patent infringement claim (excluding declaratory -judgment actions) against Licensor or a Contributor (Licensor or Contributor -against whom You file such an action is referred to herein as -"Respondent") -alleging that Licensed Software directly or indirectly infringes any patent, -then any and all rights granted by such Respondent to You under Sections 3 or -4 of this License shall terminate prospectively upon sixty (60) days notice -from Respondent (the "Notice Period") unless within that Notice -Period You -either agree in writing (i) to pay Respondent a mutually agreeable reasonably -royalty for Your past or future use of Licensed Software made by such -Respondent, or (ii) withdraw Your litigation claim with respect to Licensed -Software against such Respondent. If within said Notice Period a reasonable -royalty and payment arrangement are not mutually agreed upon in writing by the -parties or the litigation claim is not withdrawn, the rights granted by -Licensor to You under Sections 3 and 4 automatically terminate at the -expiration of said Notice Period. - -12.3 Reasonable Value of This License. If You assert a patent infringement -claim against Respondent alleging that Licensed Software directly or -indirectly infringes any patent where such claim is resolved (such as by -license or settlement) prior to the initiation of patent infringement -litigation, then the reasonable value of the licenses granted by said -Respondent under Sections 3 and 4 shall be taken into account in determining -the amount or value of any payment or license. - -12.4 No Retroactive Effect of Termination. In the event of termination under -this Section all end user license agreements (excluding licenses to -distributors and resellers) that have been validly granted by You or any -distributor hereunder prior to termination shall survive termination. - -13.0 Miscellaneous. - -13.1 U.S. Government End Users. The Licensed Software is a "commercial -item," -as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of -"commercial computer software" and "commercial computer software -documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). -Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 -(June 1995), all U.S. Government End Users acquire Licensed Software with only -those rights set forth herein. - -13.2 Relationship of Parties. This License will not be construed as creating -an agency, partnership, joint venture, or any other form of legal association -between or among You, Licensor, or any Contributor, and You will not represent -to the contrary, whether expressly, by implication, appearance, or otherwise. - -13.3 Independent Development. Nothing in this License will impair Licensor's -right to acquire, license, develop, subcontract, market, or distribute -technology or products that perform the same or similar functions as, or -otherwise compete with, Extensions that You may develop, produce, market, or -distribute. - -13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to -enforce any provision of this License will not be deemed a waiver of future -enforcement -of that or any other provision. - -13.5 Severability. This License represents the complete agreement concerning -the subject matter hereof. If any provision of this License is held to be -unenforceable, such provision shall be reformed only to the extent necessary -to make it enforceable. - -13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for -You to comply with any of the terms of this License with respect to some or -all of the Licensed Software due to statute, judicial order, or regulation, -then You cannot use, modify, or distribute the software. - -13.7 Export Restrictions. You may be restricted with respect to downloading or -otherwise acquiring, exporting, or reexporting the Licensed Software or any -underlying information or technology by United States and other applicable -laws and regulations. By downloading or by otherwise obtaining the Licensed -Software, You are agreeing to be responsible for compliance with all -applicable laws and regulations. - -13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by -Colorado law provisions (except to the extent applicable law, if any, provides -otherwise), excluding its conflict-of-law provisions. You expressly agree that -any dispute relating to this License shall be submitted to binding arbitration -under the rules then prevailing of the American Arbitration Association. You -further agree that Adams County, Colorado USA is proper venue and grant such -arbitration proceeding jurisdiction as may be appropriate for purposes of -resolving any dispute under this License. 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 License Notice below must appear in each file of the Source Code of any -copy You distribute of the Licensed Software or any Extensions thereto: - -Unless explicitly acquired and licensed from Licensor under another -license, the contents of this file are subject to the Reciprocal Public -License ("RPL") Version 1.5, 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. - -All software distributed under the RPL is provided strictly on an "AS -IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND -LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT -LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR -PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific -language governing rights and limitations under the RPL. - -EXHIBIT B - -The User-Visible Attribution Notice below, when provided, must appear in each -user-visible display as defined in Section 6.4 (d): - - - - - - |