1 2Reciprocal Public License 1.5 (RPL1.5) 3 4Reciprocal Public License (RPL) 5 6Version 1.5, July 15, 2007 7 8Copyright (C) 2001-2007 9Technical Pursuit Inc., 10All Rights Reserved. 11 12PREAMBLE 13 14The Reciprocal Public License (RPL) is based on the concept of reciprocity or, 15if you prefer, fairness. 16 17In short, this license grew out of a desire to close loopholes in previous open 18source licenses, loopholes that allowed parties to acquire open source software 19and derive financial benefit from it without having to release their 20improvements or derivatives to the community which enabled them. This occurred 21any time an entity did not release their application to a "third party". 22 23While there is a certain freedom in this model of licensing, it struck the 24authors of the RPL as being unfair to the open source community at large and to 25the original authors of the works in particular. After all, bug fixes, 26extensions, and meaningful and valuable derivatives were not consistently 27finding their way back into the community where they could fuel further, and 28faster, growth and expansion of the overall open source software base. 29 30While you should clearly read and understand the entire license, the essence of 31the RPL is found in two definitions: "Deploy" and "Required Components". 32 33Regarding deployment, under the RPL your changes, bug fixes, extensions, etc. 34must be made available to the open source community at large when you Deploy in 35any form -- either internally or to an outside party. Once you start running 36the software you have to start sharing the software. 37 38Further, under the RPL all components you author including schemas, scripts, 39source code, etc. -- regardless of whether they`re compiled into a single 40binary or used as two halves of client/server application -- must be shared. 41You have to share the whole pie, not an isolated slice of it. 42 43In addition to these goals, the RPL was authored to meet the requirements of 44the Open Source Definition as maintained by the Open Source Initiative (OSI). 45 46The specific terms and conditions of the license are defined in the remainder 47of this document. 48 49LICENSE TERMS 50 511.0 General; Applicability & Definitions. This Reciprocal Public License 52Version 1.5 ("License") applies to any programs or other works as well as any 53and all updates or maintenance releases of said programs or works ("Software") 54not already covered by this License which the Software copyright holder 55("Licensor") makes available containing a License Notice (hereinafter defined) 56from the Licensor specifying or allowing use or distribution under the terms of 57this License. As used in this License: 58 591.1 "Contributor" means any person or entity who created or contributed to the 60creation of an Extension. 61 621.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software 63other than for Your internal Research and/or Personal Use, and includes 64without limitation, any and all internal use or distribution of Licensed 65Software within Your business or organization other than for Research and/or 66Personal Use, as well as direct or indirect sublicensing or distribution of 67Licensed Software by You to any third party in any form or manner. 68 691.3 "Derivative Works" as used in this License is defined under U.S. copyright 70law. 71 721.4 "Electronic Distribution Mechanism" means a mechanism generally accepted 73in the software development community for the electronic transfer of data such 74as download from an FTP server or web site, where such mechanism is publicly 75accessible. 76 771.5 "Extensions" means any Modifications, Derivative Works, or Required 78Components as those terms are defined in this License. 79 801.6 "License" means this Reciprocal Public License. 81 821.7 "License Notice" means any notice contained in EXHIBIT A. 83 841.8 "Licensed Software" means any Software licensed pursuant to this License. 85Licensed Software also includes all previous Extensions from any Contributor 86that You receive. 87 881.9 "Licensor" means the copyright holder of any Software previously not 89covered by this License who releases the Software under the terms of this 90License. 91 921.10 "Modifications" means any additions to or deletions from the substance or 93structure of (i) a file or other storage containing Licensed Software, or (ii) 94any new file or storage that contains any part of Licensed Software, or (iii) 95any file or storage which replaces or otherwise alters the original 96functionality of Licensed Software at runtime. 97 981.11 "Personal Use" means use of Licensed Software by an individual solely for 99his or her personal, private and non-commercial purposes. An individual`s use 100of Licensed Software in his or her capacity as an officer, employee, member, 101independent contractor or agent of a corporation, business or organization 102(commercial or non-commercial) does not qualify as Personal Use. 103 1041.12 "Required Components" means any text, programs, scripts, schema, 105interface definitions, control files, or other works created by You which are 106required by a third party of average skill to successfully install and run 107Licensed Software containing Your Modifications, or to install and run Your 108Derivative Works. 109 1101.13 "Research" means investigation or experimentation for the purpose of 111understanding the nature and limits of the Licensed Software and its potential 112uses. 113 1141.14 "Serve" means to deliver Licensed Software and/or Your Extensions by 115means of a computer network to one or more computers for purposes of execution 116of Licensed Software and/or Your Extensions. 117 1181.15 "Software" means any computer programs or other works as well as any 119updates or maintenance releases of those programs or works which are 120distributed publicly by Licensor. 121 1221.16 "Source Code" means the preferred form for making modifications to the 123Licensed Software and/or Your Extensions, including all modules contained 124therein, plus any associated text, interface definition files, scripts used to 125control compilation and installation of an executable program or other 126components required by a third party of average skill to build a running 127version of the Licensed Software or Your Extensions. 128 1291.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B. 130 1311.18 "You" or "Your" means an individual or a legal entity exercising rights 132under this License. For legal entities, "You" or "Your" includes any entity 133which 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 135management of such entity, whether by contract or otherwise, or (b) ownership 136of fifty percent (50%) or more of the outstanding shares or beneficial 137ownership of such entity. 138 1392.0 Acceptance Of License. You are not required to accept this License since 140you have not signed it, however nothing else grants you permission to use, 141copy, distribute, modify, or create derivatives of either the Software or any 142Extensions created by a Contributor. These actions are prohibited by law if 143you do not accept this License. Therefore, by performing any of these actions 144You indicate Your acceptance of this License and Your agreement to be bound by 145all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND 146CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR 147DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE 148TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE 149DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. 150 1513.0 Grant of License From Licensor. Subject to the terms and conditions of 152this License, Licensor hereby grants You a world-wide, royalty-free, non- 153exclusive license, subject to Licensor`s intellectual property rights, and any 154third party intellectual property claims derived from the Licensed Software 155under this License, to do the following: 156 1573.1 Use, reproduce, modify, display, perform, sublicense and distribute 158Licensed Software and Your Extensions in both Source Code form or as an 159executable program. 160 1613.2 Create Derivative Works (as that term is defined under U.S. copyright law) 162of Licensed Software by adding to or deleting from the substance or structure 163of said Licensed Software. 164 1653.3 Under claims of patents now or hereafter owned or controlled by Licensor, 166to make, use, have made, and/or otherwise dispose of Licensed Software or 167portions thereof, but solely to the extent that any such claim is necessary to 168enable You to make, use, have made, and/or otherwise dispose of Licensed 169Software or portions thereof. 170 1713.4 Licensor reserves the right to release new versions of the Software with 172different features, specifications, capabilities, functions, licensing terms, 173general availability or other characteristics. Title, ownership rights, and 174intellectual property rights in and to the Licensed Software shall remain in 175Licensor and/or its Contributors. 176 1774.0 Grant of License From Contributor. By application of the provisions in 178Section 6 below, each Contributor hereby grants You a world-wide, royalty- 179free, non-exclusive license, subject to said Contributor`s intellectual 180property rights, and any third party intellectual property claims derived from 181the Licensed Software under this License, to do the following: 182 1834.1 Use, reproduce, modify, display, perform, sublicense and distribute any 184Extensions Deployed by such Contributor or portions thereof, in both Source 185Code form or as an executable program, either on an unmodified basis or as 186part of Derivative Works. 187 1884.2 Under claims of patents now or hereafter owned or controlled by 189Contributor, to make, use, have made, and/or otherwise dispose of Extensions 190or portions thereof, but solely to the extent that any such claim is necessary 191to enable You to make, use, have made, and/or otherwise dispose of 192Licensed Software or portions thereof. 193 1945.0 Exclusions From License Grant. Nothing in this License shall be deemed to 195grant any rights to trademarks, copyrights, patents, trade secrets or any 196other intellectual property of Licensor or any Contributor except as expressly 197stated herein. Except as expressly stated in Sections 3 and 4, no other patent 198rights, express or implied, are granted herein. Your Extensions may require 199additional patent licenses from Licensor or Contributors which each may grant 200in its sole discretion. No right is granted to the trademarks of Licensor or 201any Contributor even if such marks are included in the Licensed Software. 202Nothing in this License shall be interpreted to prohibit Licensor from 203licensing under different terms from this License any code that Licensor 204otherwise would have a right to license. 205 2065.1 You expressly acknowledge and agree that although Licensor and each 207Contributor grants the licenses to their respective portions of the Licensed 208Software set forth herein, no assurances are provided by Licensor or any 209Contributor that the Licensed Software does not infringe the patent or other 210intellectual property rights of any other entity. Licensor and each 211Contributor disclaim any liability to You for claims brought by any other 212entity based on infringement of intellectual property rights or otherwise. As 213a condition to exercising the rights and licenses granted hereunder, You 214hereby assume sole responsibility to secure any other intellectual property 215rights needed, if any. For example, if a third party patent license is 216required to allow You to distribute the Licensed Software, it is Your 217responsibility to acquire that license before distributing the Licensed 218Software. 219 2206.0 Your Obligations And Grants. In consideration of, and as an express 221condition to, the licenses granted to You under this License You hereby agree 222that any Modifications, Derivative Works, or Required Components (collectively 223Extensions) that You create or to which You contribute are governed by the 224terms of this License including, without limitation, Section 4. Any Extensions 225that You create or to which You contribute must be Deployed under the terms of 226this License or a future version of this License released under Section 7. You 227hereby grant to Licensor and all third parties a world-wide, non-exclusive, 228royalty-free license under those intellectual property rights You own or 229control to use, reproduce, display, perform, modify, create derivatives, 230sublicense, and distribute Licensed Software, in any form. Any Extensions You 231make and Deploy must have a distinct title so as to readily tell any 232subsequent user or Contributor that the Extensions are by You. You must 233include a copy of this License or directions on how to obtain a copy with 234every copy of the Extensions You distribute. You agree not to offer or impose 235any terms on any Source Code or executable version of the Licensed Software, 236or its Extensions that alter or restrict the applicable version of this 237License or the recipients` rights hereunder. 238 2396.1 Availability of Source Code. You must make available, under the terms of 240this License, the Source Code of any Extensions that You Deploy, via an 241Electronic Distribution Mechanism. The Source Code for any version that You 242Deploy must be made available within one (1) month of when you Deploy and must 243remain available for no less than twelve (12) months after the date You cease 244to Deploy. You are responsible for ensuring that the Source Code to each 245version You Deploy remains available even if the Electronic Distribution 246Mechanism is maintained by a third party. You may not charge a fee for any 247copy of the Source Code distributed under this Section in excess of Your 248actual cost of duplication and distribution of said copy. 249 2506.2 Description of Modifications. You must cause any Modifications that You 251create or to which You contribute to be documented in the Source Code, clearly 252describing the additions, changes or deletions You made. You must include a 253prominent statement that the Modifications are derived, directly or indirectly, 254from the Licensed Software and include the names of the Licensor and any 255Contributor to the Licensed Software in (i) the Source Code and (ii) in any 256notice displayed by the Licensed Software You distribute or in related 257documentation in which You describe the origin or ownership of the Licensed 258Software. You may not modify or delete any pre-existing copyright notices, 259change notices or License text in the Licensed Software without written 260permission of the respective Licensor or Contributor. 261 2626.3 Intellectual Property Matters. 263 264a. Third Party Claims. If You have knowledge that a license to a third party`s 265intellectual property right is required to exercise the rights granted by this 266License, You must include a human-readable file with Your distribution that 267describes the claim and the party making the claim in sufficient detail that a 268recipient will know whom to contact. 269 270b. Contributor APIs. If Your Extensions include an application programming 271interface ("API") and You have knowledge of patent licenses that are 272reasonably necessary to implement that API, You must also include this 273information in a human-readable file supplied with Your distribution. 274 275c. Representations. You represent that, except as disclosed pursuant to 6.3(a) 276above, You believe that any Extensions You distribute are Your original 277creations and that You have sufficient rights to grant the rights conveyed by 278this License. 279 2806.4 Required Notices. 281 282a. License Text. You must duplicate this License or instructions on how to 283acquire a copy in any documentation You provide along with the Source Code of 284any Extensions You create or to which You contribute, wherever You describe 285recipients` rights relating to Licensed Software. 286 287b. License Notice. You must duplicate any notice contained in EXHIBIT A (the 288"License Notice") in each file of the Source Code of any copy You distribute 289of the Licensed Software and Your Extensions. If You create an Extension, You 290may add Your name as a Contributor to the Source Code and accompanying 291documentation along with a description of the contribution. If it is not 292possible to put the License Notice in a particular Source Code file due to its 293structure, then You must include such License Notice in a location where a 294user would be likely to look for such a notice. 295 296c. Source Code Availability. You must notify the software community of the 297availability of Source Code to Your Extensions within one (1) month of the date 298You initially Deploy and include in such notification a description of the 299Extensions, and instructions on how to acquire the Source Code. Should such 300instructions change you must notify the software community of revised 301instructions within one (1) month of the date of change. You must provide 302notification by posting to appropriate news groups, mailing lists, weblogs, or 303other sites where a publicly accessible search engine would reasonably be 304expected to index your post in relationship to queries regarding the Licensed 305Software and/or Your Extensions. 306 307d. User-Visible Attribution. You must duplicate any notice contained in 308EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display 309of the Licensed Software and Your Extensions which delineates copyright, 310ownership, or similar attribution information. If You create an Extension, 311You may add Your name as a Contributor, and add Your attribution notice, as an 312equally visible and functional element of any User-Visible Attribution Notice 313content. To ensure proper attribution, You must also include such User-Visible 314Attribution Notice in at least one location in the Software documentation 315where a user would be likely to look for such notice. 316 3176.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, 318support, indemnity or liability obligations to one or more recipients of 319Licensed Software. However, You may do so only on Your own behalf, and not on 320behalf of the Licensor or any Contributor except as permitted under other 321agreements between you and Licensor or Contributor. You must make it clear that 322any such warranty, support, indemnity or liability obligation is offered by You 323alone, and You hereby agree to indemnify the Licensor and every Contributor for 324any liability plus attorney fees, costs, and related expenses due to any such 325action or claim incurred by the Licensor or such Contributor as a result of 326warranty, support, indemnity or liability terms You offer. 327 3286.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by 329virtue of being Derivative Works of another product or similar circumstance, 330fall under the terms of another license, the terms of that license should be 331honored however You must also make Your Extensions available under this 332License. If the terms of this License continue to conflict with the terms of 333the other license you may write the Licensor for permission to resolve the 334conflict in a fashion that remains consistent with the intent of this License. 335Such permission will be granted at the sole discretion of the Licensor. 336 3377.0 Versions of This License. Licensor may publish from time to time revised 338versions of the License. Once Licensed Software has been published under a 339particular version of the License, You may always continue to use it under the 340terms of that version. You may also choose to use such Licensed Software under 341the terms of any subsequent version of the License published by Licensor. No 342one other than Licensor has the right to modify the terms applicable to 343Licensed Software created under this License. 344 3457.1 If You create or use a modified version of this License, which You may do 346only in order to apply it to software that is not already Licensed Software 347under this License, You must rename Your license so that it is not confusingly 348similar to this License, and must make it clear that Your license contains 349terms that differ from this License. In so naming Your license, You may not 350use any trademark of Licensor or of any Contributor. Should Your modifications 351to this License be limited to alteration of a) Section 13.8 solely to modify 352the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define 353License Notice text, or c) to EXHIBIT B solely to define a User-Visible 354Attribution Notice, You may continue to refer to Your License as the 355Reciprocal Public License or simply the RPL. 356 3578.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE 358ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, 359INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE 360OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 361FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED 362THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF 363PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR 364RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT 365ANY CONTRIBUTOR`S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION 366OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE 367LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY 368RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST 369OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS 370LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE 371UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN 372THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS 373OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS 374LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 375DISCLAIMER. 376 3779.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, 378WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE 379LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY 380SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, 381SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 382WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 383FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, 384EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH 385DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH 386OR PERSONAL INJURY RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT 387APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 388EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 389EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 390 39110.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS 392NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE 393CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, 394SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR 395COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR 396WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD 397DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE 398("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY 399EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. 400 40111.0 Responsibility for Claims. As between Licensor and Contributors, each 402party is responsible for claims and damages arising, directly or indirectly, 403out of its utilization of rights under this License which specifically 404disclaims warranties and limits any liability of the Licensor. This paragraph 405is to be used in conjunction with and controlled by the Disclaimer Of 406Warranties of Section 8, the Limitation Of Damages in Section 9, and the 407disclaimer against use for High Risk Activities in Section 10. The Licensor 408has thereby disclaimed all warranties and limited any damages that it is or 409may be liable for. You agree to work with Licensor and Contributors to 410distribute such responsibility on an equitable basis consistent with the terms 411of this License including Sections 8, 9, and 10. Nothing herein is intended or 412shall be deemed to constitute any admission of liability. 413 41412.0 Termination. This License and all rights granted hereunder will terminate 415immediately in the event of the circumstances described in Section 13.6 or if 416applicable law prohibits or restricts You from fully and or specifically 417complying with Sections 3, 4 and/or 6, or prevents the enforceability of any 418of those Sections, and You must immediately discontinue any use of Licensed 419Software. 420 42112.1 Automatic Termination Upon Breach. This License and the rights granted 422hereunder will terminate automatically if You fail to comply with the terms 423herein and fail to cure such breach within thirty (30) days of becoming aware 424of the breach. All sublicenses to the Licensed Software that are properly 425granted shall survive any termination of this License. Provisions that, by 426their nature, must remain in effect beyond the termination of this License, 427shall survive. 428 42912.2 Termination Upon Assertion of Patent Infringement. If You initiate 430litigation by asserting a patent infringement claim (excluding declaratory 431judgment actions) against Licensor or a Contributor (Licensor or Contributor 432against whom You file such an action is referred to herein as "Respondent") 433alleging that Licensed Software directly or indirectly infringes any patent, 434then any and all rights granted by such Respondent to You under Sections 3 or 4354 of this License shall terminate prospectively upon sixty (60) days notice 436from Respondent (the "Notice Period") unless within that Notice Period You 437either agree in writing (i) to pay Respondent a mutually agreeable reasonably 438royalty for Your past or future use of Licensed Software made by such 439Respondent, or (ii) withdraw Your litigation claim with respect to Licensed 440Software against such Respondent. If within said Notice Period a reasonable 441royalty and payment arrangement are not mutually agreed upon in writing by the 442parties or the litigation claim is not withdrawn, the rights granted by 443Licensor to You under Sections 3 and 4 automatically terminate at the 444expiration of said Notice Period. 445 44612.3 Reasonable Value of This License. If You assert a patent infringement 447claim against Respondent alleging that Licensed Software directly or 448indirectly infringes any patent where such claim is resolved (such as by 449license or settlement) prior to the initiation of patent infringement 450litigation, then the reasonable value of the licenses granted by said 451Respondent under Sections 3 and 4 shall be taken into account in determining 452the amount or value of any payment or license. 453 45412.4 No Retroactive Effect of Termination. In the event of termination under 455this Section all end user license agreements (excluding licenses to 456distributors and resellers) that have been validly granted by You or any 457distributor hereunder prior to termination shall survive termination. 458 45913.0 Miscellaneous. 460 46113.1 U.S. Government End Users. The Licensed Software is a "commercial item," 462as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of 463"commercial computer software" and "commercial computer software 464documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). 465Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 466(June 1995), all U.S. Government End Users acquire Licensed Software with only 467those rights set forth herein. 468 46913.2 Relationship of Parties. This License will not be construed as creating 470an agency, partnership, joint venture, or any other form of legal association 471between or among You, Licensor, or any Contributor, and You will not represent 472to the contrary, whether expressly, by implication, appearance, or otherwise. 473 47413.3 Independent Development. Nothing in this License will impair Licensor`s 475right to acquire, license, develop, subcontract, market, or distribute 476technology or products that perform the same or similar functions as, or 477otherwise compete with, Extensions that You may develop, produce, market, or 478distribute. 479 48013.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to 481enforce any provision of this License will not be deemed a waiver of future enforcement 482of that or any other provision. 483 48413.5 Severability. This License represents the complete agreement concerning 485the subject matter hereof. If any provision of this License is held to be 486unenforceable, such provision shall be reformed only to the extent necessary 487to make it enforceable. 488 48913.6 Inability to Comply Due to Statute or Regulation. If it is impossible for 490You to comply with any of the terms of this License with respect to some or 491all of the Licensed Software due to statute, judicial order, or regulation, 492then You cannot use, modify, or distribute the software. 493 49413.7 Export Restrictions. You may be restricted with respect to downloading or 495otherwise acquiring, exporting, or reexporting the Licensed Software or any 496underlying information or technology by United States and other applicable 497laws and regulations. By downloading or by otherwise obtaining the Licensed 498Software, You are agreeing to be responsible for compliance with all 499applicable laws and regulations. 500 50113.8 Arbitration, Jurisdiction & Venue. This License shall be governed by 502Colorado law provisions (except to the extent applicable law, if any, provides 503otherwise), excluding its conflict-of-law provisions. You expressly agree that 504any dispute relating to this License shall be submitted to binding arbitration 505under the rules then prevailing of the American Arbitration Association. You 506further agree that Adams County, Colorado USA is proper venue and grant such 507arbitration proceeding jurisdiction as may be appropriate for purposes of 508resolving any dispute under this License. Judgement upon any award made in 509arbitration may be entered and enforced in any court of competent 510jurisdiction. The arbitrator shall award attorney`s fees and costs of 511arbitration to the prevailing party. Should either party find it necessary to 512enforce its arbitration award or seek specific performance of such award in a 513civil court of competent jurisdiction, the prevailing party shall be entitled 514to reasonable attorney`s fees and costs. The application of the United Nations 515Convention on Contracts for the International Sale of Goods is expressly 516excluded. You and Licensor expressly waive any rights to a jury trial in any 517litigation concerning Licensed Software or this License. Any law or regulation 518that provides that the language of a contract shall be construed against the 519drafter shall not apply to this License. 520 52113.9 Entire Agreement. This License constitutes the entire agreement between 522the parties with respect to the subject matter hereof. 523 524EXHIBIT A 525 526The License Notice below must appear in each file of the Source Code of any 527copy You distribute of the Licensed Software or any Extensions thereto: 528 529Unless explicitly acquired and licensed from Licensor under another 530license, the contents of this file are subject to the Reciprocal Public 531License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL, 532and You may not copy or use this file in either source code or executable 533form, except in compliance with the terms and conditions of the RPL. 534 535All software distributed under the RPL is provided strictly on an "AS 536IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND 537LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT 538LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 539PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific 540language governing rights and limitations under the RPL. 541 542EXHIBIT B 543 544The User-Visible Attribution Notice below, when provided, must appear in each 545user-visible display as defined in Section 6.4 (d): 546 547