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diff --git a/meta/files/common-licenses/RPL-1 b/meta/files/common-licenses/RPL-1 new file mode 100644 index 0000000000..764c6cd552 --- /dev/null +++ b/meta/files/common-licenses/RPL-1 @@ -0,0 +1,582 @@ + +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): + + + + + + |