Complete Yocto mirror with license table for TQMa6UL (2038-compliance)
- 264 license table entries with exact download URLs (224/264 resolved) - Complete sources/ directory with all BitBake recipes - Build configuration: tqma6ul-multi-mba6ulx, spaetzle (musl) - Full traceability for Softwarefreigabeantrag - GCC 13.4.0, Linux 6.6.102, U-Boot 2023.04, musl 1.2.4 - License distribution: GPL-2.0 (24), MIT (23), GPL-2.0+ (18), BSD-3 (16)
This commit is contained in:
546
sources/poky/meta/files/common-licenses/RPL-1.5
Normal file
546
sources/poky/meta/files/common-licenses/RPL-1.5
Normal file
@@ -0,0 +1,546 @@
|
||||
|
||||
Reciprocal Public License 1.5 (RPL1.5)
|
||||
|
||||
Reciprocal Public License (RPL)
|
||||
|
||||
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):
|
||||
|
||||
Reference in New Issue
Block a user