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- Reciprocal Public License (RPL-1.5)
- 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):
- HOME GNU/Linux Copyright (c) HVilaverde, 2021
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