files/common-licenses/RPL-1.5

14 The Reciprocal Public License (RPL) is based on the concept of reciprocity or,
20 improvements or derivatives to the community which enabled them. This occurred
35 any form -- either internally or to an outside party. Once you start running
40 binary or used as two halves of client/server application -- must be shared.
52 Version 1.5 ("License") applies to any programs or other works as well as any
53 and all updates or maintenance releases of said programs or works ("Software")
56 from the Licensor specifying or allowing use or distribution under the terms of
59 1.1 "Contributor" means any person or entity who created or contributed to the
62 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
63 other than for Your internal Research and/or Personal Use, and includes
64 without limitation, any and all internal use or distribution of Licensed
65 Software within Your business or organization other than for Research and/or
66 Personal Use, as well as direct or indirect sublicensing or distribution of
67 Licensed Software by You to any third party in any form or manner.
74 as download from an FTP server or web site, where such mechanism is publicly
77 1.5 "Extensions" means any Modifications, Derivative Works, or Required
92 1.10 "Modifications" means any additions to or deletions from the substance or
93 structure of (i) a file or other storage containing Licensed Software, or (ii)
94 any new file or storage that contains any part of Licensed Software, or (iii)
95 any file or storage which replaces or otherwise alters the original
99 his or her personal, private and non-commercial purposes. An individual`s use
100 of Licensed Software in his or her capacity as an officer, employee, member,
101 independent contractor or agent of a corporation, business or organization
102 (commercial or non-commercial) does not qualify as Personal Use.
105 interface definitions, control files, or other works created by You which are
107 Licensed Software containing Your Modifications, or to install and run Your
110 1.13 "Research" means investigation or experimentation for the purpose of
114 1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by
115 means of a computer network to one or more computers for purposes of execution
116 of Licensed Software and/or Your Extensions.
118 1.15 "Software" means any computer programs or other works as well as any
119 updates or maintenance releases of those programs or works which are
123 Licensed Software and/or Your Extensions, including all modules contained
125 control compilation and installation of an executable program or other
127 version of the Licensed Software or Your Extensions.
131 1.18 "You" or "Your" means an individual or a legal entity exercising rights
132 under this License. For legal entities, "You" or "Your" includes any entity
133 which controls, is controlled by, or is under common control with, You, where
134 "control" means (a) the power, direct or indirect, to cause the direction or
135 management of such entity, whether by contract or otherwise, or (b) ownership
136 of fifty percent (50%) or more of the outstanding shares or beneficial
141 copy, distribute, modify, or create derivatives of either the Software or any
146 CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR
149 DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
158 Licensed Software and Your Extensions in both Source Code form or as an
162 of Licensed Software by adding to or deleting from the substance or structure
165 3.3 Under claims of patents now or hereafter owned or controlled by Licensor,
166 to make, use, have made, and/or otherwise dispose of Licensed Software or
168 enable You to make, use, have made, and/or otherwise dispose of Licensed
169 Software or portions thereof.
173 general availability or other characteristics. Title, ownership rights, and
175 Licensor and/or its Contributors.
184 Extensions Deployed by such Contributor or portions thereof, in both Source
185 Code form or as an executable program, either on an unmodified basis or as
188 4.2 Under claims of patents now or hereafter owned or controlled by
189 Contributor, to make, use, have made, and/or otherwise dispose of Extensions
190 or portions thereof, but solely to the extent that any such claim is necessary
191 to enable You to make, use, have made, and/or otherwise dispose of
192 Licensed Software or portions thereof.
195 grant any rights to trademarks, copyrights, patents, trade secrets or any
196 other intellectual property of Licensor or any Contributor except as expressly
198 rights, express or implied, are granted herein. Your Extensions may require
199 additional patent licenses from Licensor or Contributors which each may grant
200 in its sole discretion. No right is granted to the trademarks of Licensor or
208 Software set forth herein, no assurances are provided by Licensor or any
209 Contributor that the Licensed Software does not infringe the patent or other
212 entity based on infringement of intellectual property rights or otherwise. As
222 that any Modifications, Derivative Works, or Required Components (collectively
223 Extensions) that You create or to which You contribute are governed by the
225 that You create or to which You contribute must be Deployed under the terms of
226 this License or a future version of this License released under Section 7. You
228 royalty-free license under those intellectual property rights You own or
232 subsequent user or Contributor that the Extensions are by You. You must
233 include a copy of this License or directions on how to obtain a copy with
234 every copy of the Extensions You distribute. You agree not to offer or impose
235 any terms on any Source Code or executable version of the Licensed Software,
236 or its Extensions that alter or restrict the applicable version of this
237 License or the recipients` rights hereunder.
251 create or to which You contribute to be documented in the Source Code, clearly
252 describing the additions, changes or deletions You made. You must include a
253 prominent statement that the Modifications are derived, directly or indirectly,
256 notice displayed by the Licensed Software You distribute or in related
257 documentation in which You describe the origin or ownership of the Licensed
258 Software. You may not modify or delete any pre-existing copyright notices,
259 change notices or License text in the Licensed Software without written
260 permission of the respective Licensor or Contributor.
282 a. License Text. You must duplicate this License or instructions on how to
284 any Extensions You create or to which You contribute, wherever You describe
302 notification by posting to appropriate news groups, mailing lists, weblogs, or
305 Software and/or Your Extensions.
310 ownership, or similar attribution information. If You create an Extension,
318 support, indemnity or liability obligations to one or more recipients of
320 behalf of the Licensor or any Contributor except as permitted under other
321 agreements between you and Licensor or Contributor. You must make it clear that
322 any such warranty, support, indemnity or liability obligation is offered by You
325 action or claim incurred by the Licensor or such Contributor as a result of
326 warranty, support, indemnity or liability terms You offer.
329 virtue of being Derivative Works of another product or similar circumstance,
345 7.1 If You create or use a modified version of this License, which You may do
350 use any trademark of Licensor or of any Contributor. Should Your modifications
352 the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define
353 License Notice text, or c) to EXHIBIT B solely to define a User-Visible
355 Reciprocal Public License or simply the RPL.
358 ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
360 OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
362 THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF
363 PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR
364 RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT
365 ANY CONTRIBUTOR`S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION
368 RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST
369 OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS
371 UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN
373 OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
378 WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
379 LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY
381 SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
383 FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
386 OR PERSONAL INJURY RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT
388 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
392 NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE
394 SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
395 COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
397 DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
399 EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
402 party is responsible for claims and damages arising, directly or indirectly,
408 has thereby disclaimed all warranties and limited any damages that it is or
411 of this License including Sections 8, 9, and 10. Nothing herein is intended or
415 immediately in the event of the circumstances described in Section 13.6 or if
416 applicable law prohibits or restricts You from fully and or specifically
417 complying with Sections 3, 4 and/or 6, or prevents the enforceability of any
431 judgment actions) against Licensor or a Contributor (Licensor or Contributor
433 alleging that Licensed Software directly or indirectly infringes any patent,
434 then any and all rights granted by such Respondent to You under Sections 3 or
438 royalty for Your past or future use of Licensed Software made by such
439 Respondent, or (ii) withdraw Your litigation claim with respect to Licensed
442 parties or the litigation claim is not withdrawn, the rights granted by
447 claim against Respondent alleging that Licensed Software directly or
449 license or settlement) prior to the initiation of patent infringement
452 the amount or value of any payment or license.
456 distributors and resellers) that have been validly granted by You or any
470 an agency, partnership, joint venture, or any other form of legal association
471 between or among You, Licensor, or any Contributor, and You will not represent
472 to the contrary, whether expressly, by implication, appearance, or otherwise.
475 right to acquire, license, develop, subcontract, market, or distribute
476 technology or products that perform the same or similar functions as, or
477 otherwise compete with, Extensions that You may develop, produce, market, or
480 13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to
482 of that or any other provision.
489 13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for
490 You to comply with any of the terms of this License with respect to some or
491 all of the Licensed Software due to statute, judicial order, or regulation,
492 then You cannot use, modify, or distribute the software.
494 13.7 Export Restrictions. You may be restricted with respect to downloading or
495 otherwise acquiring, exporting, or reexporting the Licensed Software or any
496 underlying information or technology by United States and other applicable
497 laws and regulations. By downloading or by otherwise obtaining the Licensed
512 enforce its arbitration award or seek specific performance of such award in a
517 litigation concerning Licensed Software or this License. Any law or regulation
527 copy You distribute of the Licensed Software or any Extensions thereto:
531 License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL,
532 and You may not copy or use this file in either source code or executable
536 IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
539 PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific