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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):