RECIPROCAL PUBLIC LICENSE
Version 1.1, November 1, 2002
Copyright (C) 2001-2002
Technical Pursuit Inc.,
All Rights Reserved.
PREAMBLE
This Preamble is intended to describe, in plain English, the nature, intent, and
scope of this License. However, this Preamble is not a part of this License. The
legal effect of this License is dependent only upon the terms of the License and
not this Preamble.
This License is based on the concept of reciprocity. In exchange for being granted
certain rights under the terms of this License to Licensor's Software, whose Source
Code You have access to, You are required to reciprocate by providing equal access
and rights to all third parties to the Source Code of any Modifications, Derivative
Works, and Required Components for execution of same (collectively defined as Extensions)
that You Deploy by Deploying Your Extensions under the terms of this License. In
this fashion the available Source Code related to the original Licensed Software
is enlarged for the benefit of everyone.
Under the terms of this License You may:
a. Distribute the Licensed Software exactly as You received it under the terms of
this License either alone or as a component of an aggregate software distribution
containing programs from several different sources without payment of a royalty or
other fee.
b. Use the Licensed Software for any purpose consistent with the rights granted by
this License, but the Licensor is not providing You any warranty whatsoever, nor
is the Licensor accepting any liability in the event that the Licensed Software doesn't
work properly or causes You any injury or damages.
c. Create Extensions to the Licensed Software consistent with the rights granted
by this License, provided that You make the Source Code to any Extensions You Deploy
available to all third parties under the terms of this License, document Your Modifications
clearly, and title all Extensions distinctly from the Licensed Software.
d. Charge a fee for warranty or support, or for accepting indemnity or liability
obligations for Your customers.
Under the terms of this License You may not:
a. Charge for the Source Code to the Licensed Software, or Your Extensions, other
than a nominal fee not to exceed Your cost for reproduction and distribution where
such reproduction and distribution involve physical media.
b. Modify or delete any pre-existing copyright notices, change notices, or License
text in the Licensed Software.
c. Assert any patent claims against the Licensor or Contributors, or which would
in any way restrict the ability of any third party to use the Licensed Software or
portions thereof in any form under the terms of this License, or Your rights to the
Licensed Software under this License automatically terminate.
d. Represent either expressly or by implication, appearance, or otherwise that You
represent Licensor or Contributors in any capacity or that You have any form of legal
association by virtue of this License.
Under the terms of this License You must:
a. Document any Modifications You make to the Licensed Software including the nature
of the change, the authors of the change, and the date of the change. This documentation
must appear both in the Source Code and in a text file titled "CHANGES" distributed
with the Licensed Software and Your Extensions.
b. Make the Source Code for any Extensions You Deploy available in a timely fashion
via an Electronic Distribution Mechanism such as FTP or HTTP download.
c. Notify the Licensor of the availability of Source Code to Your Extensions in a
timely fashion and include in such notice a brief description of the Extensions,
the distinctive title used, and instructions on how to acquire the Source Code and
future updates.
d. Grant Licensor and all third parties a world-wide, non-exclusive, royalty-free
license under any intellectual property rights owned or controlled by You to use,
reproduce, display, perform, modify, sublicense, and distribute Your Extensions,
in any form, under the terms of this License.
LICENSE TERMS
1.0 General; Applicability & Definitions. This Reciprocal Public License Version
1.1 ("License") applies to any programs or other works as well as any and all updates
or maintenance releases of said programs or works ("Software") not already covered
by this License which the Software copyright holder ("Licensor") makes publicly available
containing a Notice (hereinafter defined) from the Licensor specifying or allowing
use or distribution under the terms of this License. As used in this License and
Preamble:
1.1 "Contributor" means any person or entity who created or contributed to the creation
of an Extension.
1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software other
than for Your internal Research and/or Personal Use, and includes without limitation,
any and all internal use or distribution of Licensed Software within Your business
or organization other than for Research and/or Personal Use, as well as direct or
indirect sublicensing or distribution of Licensed Software by You to any third party
in any form or manner.
1.3 "Derivative Works" as used in this License is defined under U.S. 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 or web site, where such mechanism is publicly accessible.
1.5 "Extensions" means any Modifications, Derivative Works, or Required Components
as those terms are defined in this License.
1.6 "License" means this Reciprocal Public License.
1.7 "Licensed Software" means any Software licensed pursuant to this License. Licensed
Software also includes all previous Extensions from any Contributor that You receive.
1.8 "Licensor" means the copyright holder of any Software previously uncovered by
this License who releases the Software under the terms of this License.
1.9 "Modifications" means any additions to or deletions from the substance or structure
of (i) a file or other storage containing Licensed Software, or (ii) any new file
or storage that contains any part of Licensed Software, or (iii) any file or storage
which replaces or otherwise alters the original functionality of Licensed Software
at runtime.
1.10 "Notice" means the notice contained in EXHIBIT A.
1.11 "Personal Use" means use of Licensed Software by an individual solely for his
or her personal, private and non-commercial purposes. An individual's use of Licensed
Software in his or her capacity as an officer, employee, member, independent contractor
or agent of a corporation, business or organization (commercial or non-commercial)
does not qualify as Personal Use.
1.12 "Required Components" means any text, programs, scripts, schema, interface definitions,
control files, or other works created by You which are required by a third party
of average skill to successfully install and run Licensed Software containing Your
Modifications, or to install and run Your Derivative Works.
1.13 "Research" means investigation or experimentation for the purpose of understanding
the nature and limits of the Licensed Software and its 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 "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 Contributor's Extensions or portions
thereof.
5.0 Exclusions From License Grant. Nothing in this License shall be deemed to grant
any rights to trademarks, copyrights, patents, trade secrets or any other intellectual
property of Licensor or any Contributor except as expressly stated herein. Except
as expressly stated in Sections 3 and 4, no other patent rights, express or implied,
are granted herein. Your Extensions may require additional patent licenses from Licensor
or Contributors which each may grant in its sole discretion. No right is granted
to the trademarks of Licensor or any Contributor even if such marks are included
in the Licensed Software. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under different terms from this License any code that Licensor
otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each Contributor
grants the licenses to their respective portions of the Licensed Software set forth
herein, no assurances are provided by Licensor or any Contributor that the Licensed
Software does not infringe the patent or other intellectual property rights of any
other entity. Licensor and each Contributor disclaim any liability to You for claims
brought by any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses granted hereunder,
You hereby assume sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is required to allow
You to distribute the Licensed Software, it is Your responsibility to acquire that
license before distributing the Licensed Software.
6.0 Your Obligations And Grants. In consideration of, and as an express condition
to, the licenses granted to You under this License You hereby agree that any Modifications,
Derivative Works, or Required Components (collectively Extensions) that You create
or to which You contribute are governed by the terms of this License including, without
limitation, Section 4. Any Extensions that You create or to which You contribute
must be Deployed under the terms of this License or a future version of this License
released under Section 7. You hereby grant to Licensor and all third parties a world-wide,
non-exclusive, royalty-free license under those intellectual property rights You
own or control to use, reproduce, display, perform, modify, create derivatives, sublicense,
and distribute Your Extensions, in any form. Any Extensions You make and Deploy must
have a distinct title so as to readily tell any subsequent user or Contributor that
the Extensions are by You. You must include a copy of this License with every copy
of the Extensions You distribute. You agree not to offer or impose any terms on any
Source Code or executable version of the Licensed Software, or its Extensions that
alter or restrict the applicable version of this License or the recipients' rights
hereunder.
6.1 Availability of Source Code. You must make available, under the terms of this
License, the Source Code of the Licensed Software and any Extensions that You Deploy,
either on the same media as You distribute any executable or other form of the Licensed
Software, or via an Electronic Distribution Mechanism. The Source Code for any version
of Licensed Software, or its Extensions that You Deploy must be made available at
the time of Deployment and must remain available for as long as You Deploy the Extensions
or at least twelve (12) months after the date You Deploy, whichever is longer. You
are responsible for ensuring that the Source Code version remains available even
if the Electronic Distribution Mechanism is maintained by a third party. You may
not charge a fee for the Source Code distributed under this Section in excess of
Your actual cost of duplication and distribution where such duplication and distribution
involve physical media.
6.2 Description of Modifications. You must cause any Modifications that You create
or to which You contribute, to update the file titled "CHANGES" distributed with
Licensed Software documenting the additions, changes or deletions You made, the authors
of such Modifications, and the dates of any such additions, changes or deletions.
You must also cause a cross-reference to appear in the Source Code at the location
of each change. You must include a prominent statement that the Modifications are
derived, directly or indirectly, from the Licensed Software and include the names
of the Licensor and any Contributor to the Licensed Software in (i) the Source Code
and (ii) in any notice displayed by the Licensed Software You distribute or in related
documentation in which You describe the origin or ownership of the Licensed Software.
You may not modify or delete any pre-existing copyright notices, change notices or
License text in the Licensed Software.
6.3 Intellectual Property Matters.
a. Third Party Claims. If You have knowledge that a license to a third party's intellectual
property right is required to exercise the rights granted by this License, You must
include a text file with the Source Code distribution titled "LEGAL" that describes
the claim and the party making the claim in sufficient detail that a recipient will
know whom to contact. If You obtain such knowledge after You make any Extensions
available as described in Section 6.1, You shall promptly modify the LEGAL file in
all copies You make available thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated to inform those who
received the Licensed Software from You that new knowledge has been obtained.
b. Contributor APIs. If Your Extensions include an application programming interface
("API") and You have knowledge of patent licenses that are reasonably necessary to
implement that API, You must also include this information in the LEGAL file.
c. Representations. You represent that, except as disclosed pursuant to 6.3(a) above,
You believe that any Extensions You distribute are Your original creations 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 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. You must
duplicate the notice contained in EXHIBIT A (the "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 text file
titled "CONTRIB" distributed with the Licensed Software along with a description
of the contribution. If it is not possible to put the Notice in a particular Source
Code file due to its structure, then You must include such Notice in a location (such
as a relevant directory file) where a user would be likely to look for such a notice.
b. Source Code Availability. You must notify Licensor within one (1) month of the
date You initially Deploy of the availability of Source Code to Your Extensions and
include in such notification the name under which you Deployed Your Extensions, a
description of the Extensions, and instructions on how to acquire the Source Code,
including instructions on how to acquire updates over time. Should such instructions
change you must provide Licensor with revised instructions within one (1) month of
the date of change. Should you be unable to notify Licensor directly, you must provide
notification by posting to appropriate news groups, mailing lists, or web sites where
a search engine would reasonably be expected to index them.
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. 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 and/or
new 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 EXHIBIT A purely for purposes of adjusting the Notice You require of licensees,
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 Notice below must appear in each file of the Source Code of any copy You distribute
of the Licensed Software or any Extensions thereto, except as may be modified as
allowed under the terms of Section 7.1
Copyright (C) 2007 Michael Whapples, All Rights Reserved.
Original Author: Michael Whapples, mwhapples@users.sourceforge.net
Unless linsor has explicitly granted you any other licensing terms, the contents of this file is subject to the RPL 1.1, available at the BrlTex website (http://brltex.sourceforge.net).
All software distributed under the Licenses is provided strictly on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND the licensor
HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
Licensor reserves the right to change the Venue stated in the license to the UK.
