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	<title>Superseded &#8211; Open Source Initiative</title>
	<atom:link href="https://opensource.org/blog/license-category/superseded/feed" rel="self" type="application/rss+xml" />
	<link>https://opensource.org</link>
	<description>The steward of the Open Source Definition, setting the foundation for the Open Source Software ecosystem.</description>
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	<title>Superseded &#8211; Open Source Initiative</title>
	<link>https://opensource.org</link>
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		<title>The European Union Public License, version 1.1</title>
		<link>https://opensource.org/license/eupl-1-1</link>
		
		<dc:creator><![CDATA[Stefano Maffulli]]></dc:creator>
		<pubDate>Tue, 09 Aug 2022 22:44:08 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/license/eupl-1-1/</guid>

					<description><![CDATA[Please see http://joinup.ec.europa.eu/software/page/eupl for all the co-equal version of the EUPL-1.1 into various European languages. (This matrix showing the EUPL-1.1’s compatibility with other OSI-approved licenses may also be useful.)]]></description>
										<content:encoded><![CDATA[<p>Please see <a href="https://joinup.ec.europa.eu/software/page/eupl">http://joinup.ec.europa.eu/software/page/eupl</a> for all the co-equal version of the EUPL-1.1 into various European languages. (This <a href="https://joinup.ec.europa.eu/software/page/eupl/eupl-compatible-open-source-licences#section-2">matrix</a> showing the EUPL-1.1’s compatibility with other OSI-approved licenses may also be useful.)</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">2175</post-id>	</item>
		<item>
		<title>Unicode, Inc. License Agreement &#8211; Data Files and Software</title>
		<link>https://opensource.org/license/unicode-inc-license-agreement-data-files-and-software</link>
		
		<dc:creator><![CDATA[pchestek]]></dc:creator>
		<pubDate>Sun, 19 Jul 2020 14:16:59 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/license/unicode-inc-license-agreement-data-files-and-software/</guid>

					<description><![CDATA[Superseded by Unicode License v3 Unicode Data Files include all data files under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, http://www.unicode.org/cldr/data/, http://source.icu-project.org/repos/icu/, http://www.unicode.org/ivd/data/, and http://www.unicode.org/utility/trac/browser/. Unicode Data Files do not include PDF online...]]></description>
										<content:encoded><![CDATA[
<h2 class="wp-block-heading"><a href="https://opensource.org/license/unicode-license-v3/">Superseded by Unicode License v3</a></h2>



<p>Unicode Data Files include all data files under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, http://www.unicode.org/cldr/data/, http://source.icu-project.org/repos/icu/, http://www.unicode.org/ivd/data/, and http://www.unicode.org/utility/trac/browser/.</p>



<p>Unicode Data Files do not include PDF online code charts under the directory http://www.unicode.org/Public/.</p>



<p>Software includes any source code published in the Unicode Standard or under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, http://www.unicode.org/cldr/data/, http://source.icu-project.org/repos/icu/, and http://www.unicode.org/utility/trac/browser/.</p>



<p>NOTICE TO USER: Carefully read the following legal agreement. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.’S DATA FILES (“DATA FILES”), AND/OR SOFTWARE (“SOFTWARE”), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR SOFTWARE.</p>



<p>COPYRIGHT AND PERMISSION NOTICE</p>



<p>Copyright © 1991-2016 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in http://www.unicode.org/copyright.html.</p>



<p>Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the “Data Files”) or Unicode software and any associated documentation (the “Software”) to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that either</p>



<p>(a) this copyright and permission notice appear with all copies of the Data Files or Software, or<br>(b) this copyright and permission notice appear in associated Documentation.</p>



<p>THE DATA FILES AND SOFTWARE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.</p>



<p>Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">2169</post-id>	</item>
		<item>
		<title>Artistic License (Perl) 1.0</title>
		<link>https://opensource.org/license/artistic-perl-1-0-2</link>
		
		<dc:creator><![CDATA[kfogel]]></dc:creator>
		<pubDate>Mon, 30 Apr 2012 16:27:13 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/artistic-perl-1-0-2/</guid>

					<description><![CDATA[(NOTE: This license has been superseded by the Artistic License, Version 2.0.) This version of the Artistic License 1.0 contains a clause introduced for licensing an implementation of the Perl...]]></description>
										<content:encoded><![CDATA[<p><strong>(NOTE: This license has been superseded by the <a href="https://opensource.org/licenses/artistic-license-2-0-php/">Artistic License, Version 2.0</a>.)</strong></p>
<p class="c1">This version of the Artistic License 1.0 contains a clause introduced for licensing an implementation of the Perl programming language:</p>
<p>8.Aggregation of this Package with a commercial distribution is always permitted provided that the use of this Package is embedded; that is, when no overt attempt is made to make this Package&#8217;s interfaces visible to the end user of the commercial distribution. Such use shall not be construed as a distribution of this Package.</p>
<p class="c1">Without this clause present, it is called simply the <a href="https://opensource.org/licenses/artistic-1-0/">Artistic License 1.0</a> (abbreviated as <a href="https://opensource.org/licenses/artistic-1-0/">Artistic-1.0</a>. With or without this clause, the license is approved by OSI for certifying software as OSI Certified Open Source.</p>
<h1>The Artistic License</h1>
<p><tt>Preamble</tt></p>
<p><tt>The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.</tt></p>
<p><tt>Definitions:</tt></p>
<ul>
<li><tt>"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.</tt></li>
<li><tt>"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.</tt></li>
<li><tt>"Copyright Holder" is whoever is named in the copyright or copyrights for the package.</tt></li>
<li><tt>"You" is you, if you're thinking about copying or distributing this Package.</tt></li>
<li><tt>"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)</tt></li>
<li><tt>"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.</tt></li>
</ul>
<p><tt>1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.</tt></p>
<p><tt>2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.</tt></p>
<p><tt>3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:</tt></p>
<p><tt>a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as ftp.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.</tt></p>
<p><tt>b) use the modified Package only within your corporation or organization.</tt></p>
<p><tt>c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.</tt></p>
<p><tt>d) make other distribution arrangements with the Copyright Holder.</tt></p>
<p><tt>4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:</tt></p>
<p><tt>a) distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.</tt></p>
<p><tt>b) accompany the distribution with the machine-readable source of the Package with your modifications.</tt></p>
<p><tt>c) accompany any non-standard executables with their corresponding Standard Version executables, giving the non-standard executables non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.</tt></p>
<p><tt>d) make other distribution arrangements with the Copyright Holder.</tt></p>
<p><tt>5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.</tt></p>
<p><tt>6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.</tt></p>
<p><tt>7. C or perl subroutines supplied by you and linked into this Package shall not be considered part of this Package.</tt></p>
<p><tt>8.Aggregation of this Package with a commercial distribution is always permitted provided that the use of this Package is embedded; that is, when no overt attempt is made to make this Package's interfaces visible to the end user of the commercial distribution. Such use shall not be construed as a distribution of this Package.</tt></p>
<p><tt>9. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.</tt></p>
<p><tt>10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.</tt></p>
<p><tt>The End</tt></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">687</post-id>	</item>
		<item>
		<title>GNU General Public License, version 1</title>
		<link>https://opensource.org/license/gpl-1-0</link>
		
		<dc:creator><![CDATA[tbm]]></dc:creator>
		<pubDate>Tue, 31 Aug 2010 09:21:32 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/gpl-1-0/</guid>

					<description><![CDATA[Copyright (C) 1989 Free Software Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it...]]></description>
										<content:encoded><![CDATA[<p>Copyright (C) 1989 Free Software Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA</p>
<p>Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.</p>
<p>Preamble</p>
<p>The license agreements of most software companies try to keep users at the mercy of those companies. By contrast, our General Public License is intended to guarantee your freedom to share and change free software&#8211;to make sure the software is free for all its users. The General Public License applies to the Free Software Foundation&#8217;s software and to any other program whose authors commit to using it. You can use it for your programs, too. When we speak of free software, we are referring to freedom, not price. Specifically, the General Public License is designed to make sure that you have the freedom to give away or sell copies of free software, that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.</p>
<p>To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of a such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must tell them their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author&#8217;s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors&#8217; reputations. The precise terms and conditions for copying, distribution and modification follow.</p>
<p>GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION</p>
<p>0. This License Agreement applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The &#8220;Program&#8221;, below, refers to any such program or work, and a &#8220;work based on the Program&#8221; means either the Program or any work containing the Program or a portion of it, either verbatim or with modifications. Each licensee is addressed as &#8220;you&#8221;.</p>
<p>1. You may copy and distribute verbatim copies of the Program&#8217;s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this General Public License and to the absence of any warranty; and give any other recipients of the Program a copy of this General Public License along with the Program. You may charge a fee for the physical act of transferring a copy.</p>
<p>2. You may modify your copy or copies of the Program or any portion of it, and copy and distribute such modifications under the terms of Paragraph 1 above, provided that you also do the following:</p>
<p>a) cause the modified files to carry prominent notices stating that you changed the files and the date of any change; and</p>
<p>b) cause the whole of any work that you distribute or publish, that in whole or in part contains the Program or any part thereof, either with or without modifications, to be licensed at no charge to all third parties under the terms of this General Public License (except that you may choose to grant warranty protection to some or all third parties, at your option).</p>
<p>c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the simplest and most usual way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this General Public License.</p>
<p>d) You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. Mere aggregation of another independent work with the Program (or its derivative) on a volume of a storage or distribution medium does not bring the other work under the scope of these terms.</p>
<p>3. You may copy and distribute the Program (or a portion or derivative of it, under Paragraph 2) in object code or executable form under the terms of Paragraphs 1 and 2 above provided that you also do one of the following:</p>
<p>a) accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Paragraphs 1 and 2 above; or,</p>
<p>b) accompany it with a written offer, valid for at least three years, to give any third party free (except for a nominal charge for the cost of distribution) a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Paragraphs 1 and 2 above; or,</p>
<p>c) accompany it with the information you received as to where the corresponding source code may be obtained. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form alone.) Source code for a work means the preferred form of the work for making modifications to it. For an executable file, complete source code means all the source code for all modules it contains; but, as a special exception, it need not include source code for modules which are standard libraries that accompany the operating system on which the executable file runs, or for standard header files or definitions files that accompany that operating system.</p>
<p>4. You may not copy, modify, sublicense, distribute or transfer the Program except as expressly provided under this General Public License. Any attempt otherwise to copy, modify, sublicense, distribute or transfer the Program is void, and will automatically terminate your rights to use the Program under this License. However, parties who have received copies, or rights to use copies, from you under this General Public License will not have their licenses terminated so long as such parties remain in full compliance.</p>
<p>5. By copying, distributing or modifying the Program (or any work based on the Program) you indicate your acceptance of this license to do so, and all its terms and conditions.</p>
<p>6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients&#8217; exercise of the rights granted herein.</p>
<p>7. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of the license which applies to it and &#8220;any later version&#8221;, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the license, you may choose any version ever published by the Free Software Foundation.</p>
<p>8. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY</p>
<p>9. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM &#8220;AS IS&#8221; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.</p>
<p>10. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS Appendix: How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to humanity, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the &#8220;copyright&#8221; line and a pointer to where the full notice is found. &lt;one line to give the program&#8217;s name and a brief idea of what it does.&gt;</p>
<p>Copyright (C) 19yy &lt;name of author&gt; This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 1, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) 19xx name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w&#8217;. This is free software, and you are welcome to redistribute it under certain conditions; type `show c&#8217; for details. The hypothetical commands `show w&#8217; and `show c&#8217; should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w&#8217; and `show c&#8217;; they could even be mouse-clicks or menu items&#8211;whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a &#8220;copyright disclaimer&#8221; for the program, if necessary. Here a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision&#8217; (a program to direct compilers to make passes at assemblers) written by James Hacker. &lt;signature of Ty Coon&gt;, 1 April 1989 Ty Coon, President of Vice That&#8217;s all there is to it!</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">651</post-id>	</item>
		<item>
		<title>Open Software License 2.1</title>
		<link>https://opensource.org/license/osl-2-1</link>
		
		<dc:creator><![CDATA[open-source-initiative-production]]></dc:creator>
		<pubDate>Thu, 15 Nov 2007 15:46:46 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/osl-2-1/</guid>

					<description><![CDATA[(Note: This license has been superseded by the Open Software License, version 3.0) This Open Software License (the &#8220;License&#8221;) applies to any original work of authorship (the &#8220;Original Work&#8221;) whose...]]></description>
										<content:encoded><![CDATA[<p>(Note: This license has been superseded by the <a href="https://opensource.org/licenses/nposl-3-0/">Open Software License, version 3.0</a>)</p>
<p>This Open Software License (the &#8220;License&#8221;) applies to any original work of authorship (the &#8220;Original Work&#8221;) whose owner (the &#8220;Licensor&#8221;) has placed the following notice immediately following the copyright notice for the Original Work:</p>
<p>Licensed under the Open Software License version 2.1</p>
<p>1) <b>Grant of Copyright License.</b> Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:</p>
<ul type="a">
<li>to reproduce the Original Work in copies;</li>
<li>to prepare derivative works (&#8220;Derivative Works&#8221;) based upon the Original Work;</li>
<li>to distribute copies of the Original Work and Derivative Works to the public, <u>with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License</u>;</li>
<li>to perform the Original Work publicly; and</li>
<li>to display the Original Work publicly.</li>
</ul>
<p>2) <b>Grant of Patent License.</b> Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.</p>
<p>3) <b>Grant of Source Code License.</b> The term &#8220;Source Code&#8221; means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.</p>
<p>4) <b>Exclusions From License Grant.</b> Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.</p>
<p>5) <b>External Deployment.</b> The term &#8220;External Deployment&#8221; means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons or made available as an application intended for use over a computer network. As an express condition for the grants of license hereunder, You agree that any External Deployment by You of a Derivative Work shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein.</p>
<p>6) <b>Attribution Rights.</b> You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an &#8220;Attribution Notice.&#8221; You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.</p>
<p>7) <b>Warranty of Provenance and Disclaimer of Warranty.</b> Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an &#8220;AS IS&#8221; BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.</p>
<p>8) <b>Limitation of Liability.</b> Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor&#8217;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.</p>
<p>9) <b>Acceptance and Termination.</b> If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. This License shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein.</p>
<p>10) <b>Termination for Patent Action.</b> This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.</p>
<p>11) <b>Jurisdiction, Venue and Governing Law.</b> Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.</p>
<p>12) <b>Attorneys Fees.</b> In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys&#8217; fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.</p>
<p>13) <b>Miscellaneous.</b> 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.</p>
<p>14) <b>Definition of &#8220;You&#8221; in This License.</b> &#8220;You&#8221; throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, &#8220;You&#8221; includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, &#8220;control&#8221; means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.</p>
<p>15) <b>Right to Use.</b> You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.</p>
<p>This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.</p>
]]></content:encoded>
					
		
		
		<post-id xmlns="com-wordpress:feed-additions:1">484</post-id>	</item>
		<item>
		<title>Eclipse Public License -v 1.0</title>
		<link>https://opensource.org/license/epl-1-0</link>
		
		<dc:creator><![CDATA[OSI]]></dc:creator>
		<pubDate>Fri, 24 Aug 2007 13:15:54 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/eclipse-1-0-txt/</guid>

					<description><![CDATA[THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE (&#8220;AGREEMENT&#8221;). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT&#8217;S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS...]]></description>
										<content:encoded><![CDATA[<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE (&#8220;AGREEMENT&#8221;). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT&#8217;S ACCEPTANCE OF THIS AGREEMENT.</p>
<p>1. DEFINITIONS</p>
<p>&#8220;Contribution&#8221; means:</p>
<p>a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and</p>
<p>b) in the case of each subsequent Contributor:</p>
<p>i) changes to the Program, and</p>
<p>ii) additions to the Program;</p>
<p>where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution &#8216;originates&#8217; from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor&#8217;s behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.</p>
<p>&#8220;Contributor&#8221; means any person or entity that distributes the Program.</p>
<p>&#8220;Licensed Patents &#8221; mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.</p>
<p>&#8220;Program&#8221; means the Contributions distributed in accordance with this Agreement.</p>
<p>&#8220;Recipient&#8221; means anyone who receives the Program under this Agreement, including all Contributors.</p>
<p>2. GRANT OF RIGHTS</p>
<p>a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.</p>
<p>b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.</p>
<p>c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient&#8217;s responsibility to acquire that license before distributing the Program.</p>
<p>d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.</p>
<p>3. REQUIREMENTS</p>
<p>A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:</p>
<p>a) it complies with the terms and conditions of this Agreement; and</p>
<p>b) its license agreement:</p>
<p>i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;</p>
<p>ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;</p>
<p>iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and</p>
<p>iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.</p>
<p>When the Program is made available in source code form:</p>
<p>a) it must be made available under this Agreement; and</p>
<p>b) a copy of this Agreement must be included with each copy of the Program.</p>
<p>Contributors may not remove or alter any copyright notices contained within the Program.</p>
<p>Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.</p>
<p>4. COMMERCIAL DISTRIBUTION</p>
<p>Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (&#8220;Commercial Contributor&#8221;) hereby agrees to defend and indemnify every other Contributor (&#8220;Indemnified Contributor&#8221;) against any losses, damages and costs (collectively &#8220;Losses&#8221;) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.</p>
<p>For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor&#8217;s responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.</p>
<p>5. NO WARRANTY</p>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN &#8220;AS IS&#8221; BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.</p>
<p>6. DISCLAIMER OF LIABILITY</p>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>7. GENERAL</p>
<p>If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.</p>
<p>If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient&#8217;s patent(s), then such Recipient&#8217;s rights granted under Section 2(b) shall terminate as of the date such litigation is filed.</p>
<p>All Recipient&#8217;s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient&#8217;s rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient&#8217;s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.</p>
<p>Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.</p>
<p>This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.</p>
]]></content:encoded>
					
		
		
		<post-id xmlns="com-wordpress:feed-additions:1">472</post-id>	</item>
		<item>
		<title>Common Public License Version 1.0</title>
		<link>https://opensource.org/license/cpl1-0-txt</link>
		
		<dc:creator><![CDATA[Stefano Maffulli]]></dc:creator>
		<pubDate>Fri, 01 Jun 2007 17:16:45 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/cpl1-0-txt/</guid>

					<description><![CDATA[THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE (&#8220;AGREEMENT&#8221;). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT&#8217;S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS...]]></description>
										<content:encoded><![CDATA[<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE (&#8220;AGREEMENT&#8221;). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT&#8217;S ACCEPTANCE OF THIS AGREEMENT.</p>
<p>1. DEFINITIONS &#8220;Contribution&#8221; means:</p>
<p>a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and</p>
<p>b) in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution &#8216;originates&#8217; from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor&#8217;s behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. &#8220;Contributor&#8221; means any person or entity that distributes the Program. &#8220;Licensed Patents &#8221; mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. &#8220;Program&#8221; means the Contributions distributed in accordance with this Agreement. &#8220;Recipient&#8221; means anyone who receives the Program under this Agreement, including all Contributors.</p>
<p>2. GRANT OF RIGHTS</p>
<p>a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.</p>
<p>b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.</p>
<p>c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient&#8217;s responsibility to acquire that license before distributing the Program.</p>
<p>d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.</p>
<p>3. REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:</p>
<p>a) it complies with the terms and conditions of this Agreement; and</p>
<p>b) its license agreement:</p>
<p>i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;</p>
<p>ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;</p>
<p>iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and</p>
<p>iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form: a) it must be made available under this Agreement; and b) a copy of this Agreement must be included with each copy of the Program. Contributors may not remove or alter any copyright notices contained within the Program. Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.</p>
<p>4. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (&#8220;Commercial Contributor&#8221;) hereby agrees to defend and indemnify every other Contributor (&#8220;Indemnified Contributor&#8221;) against any losses, damages and costs (collectively &#8220;Losses&#8221;) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must:</p>
<p>a) promptly notify the Commercial Contributor in writing of such claim, and</p>
<p>b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor&#8217;s responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.</p>
<p>5. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN &#8220;AS IS&#8221; BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.</p>
<p>6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>7. GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient&#8217;s patent(s), then such Recipient&#8217;s rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient&#8217;s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient&#8217;s rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient&#8217;s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.</p>
]]></content:encoded>
					
		
		
		<post-id xmlns="com-wordpress:feed-additions:1">467</post-id>	</item>
		<item>
		<title>Open Software License, version 1.0</title>
		<link>https://opensource.org/license/osl-1-0</link>
		
		<dc:creator><![CDATA[open-source-initiative-production]]></dc:creator>
		<pubDate>Fri, 27 Apr 2007 17:14:00 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/osl-1-0/</guid>

					<description><![CDATA[<p>The Open Software License v. 1.0 This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work: "Licensed under the Open Software License version 1.0" License Terms 1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license to do the following: a) to reproduce the Original Work in copies;</p>
]]></description>
										<content:encoded><![CDATA[<p>This Open Software License (the &#8220;License&#8221;) applies to any original work of authorship (the &#8220;Original Work&#8221;) whose owner (the &#8220;Licensor&#8221;) has placed the following notice immediately following the copyright notice for the Original Work: &#8220;Licensed under the Open Software License version 1.0&#8221; License Terms</p>
<p>1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license to do the following: a) to reproduce the Original Work in copies; b) to prepare derivative works (&#8220;Derivative Works&#8221;) based upon the Original Work; c) to distribute copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License; d) to perform the Original Work publicly; and e) to display the Original Work publicly.</p>
<p>2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor (&#8220;Licensed Claims&#8221;) to make, use, sell and offer for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims to make, use, sell and offer for sale Derivative Works.</p>
<p>3) Grant of Source Code License. The term &#8220;Source Code&#8221; means the preferred form of the Original Work for making modifications to it and all available documentation describing how to access and modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.</p>
<p>4) 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 except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the Licensed Claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.</p>
<p>5) External Deployment. The term &#8220;External Deployment&#8221; means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be accessed or used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons, made available as an application intended for use over a computer network, or used to provide services or otherwise deliver content to anyone other than You. As an express condition for the grants of license hereunder, You agree that any External Deployment by You shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein.</p>
<p>6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN &#8220;AS IS&#8221; BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</p>
<p>7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK 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 PERSON 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&#8217;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.</p>
<p>8) Acceptance and Termination. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Sections 1 and 2 herein, You indicate Your acceptance of this License and all of its terms and conditions. This license shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein.</p>
<p>9) Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License if You file a lawsuit in any court alleging that any OSI Certified open source software that is licensed under any license containing this &#8220;Mutual Termination for Patent Action&#8221; clause infringes any patent claims that are essential to use that software.</p>
<p>10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit arising under or relating to this License shall be maintained in the courts of the jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.</p>
<p>11) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys&#8217; fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.</p>
<p>12) Miscellaneous. 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.</p>
<p>13) Definition of &#8220;You&#8221; in This License. &#8220;You&#8221; throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, &#8220;You&#8221; includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, &#8220;control&#8221; means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.</p>
]]></content:encoded>
					
		
		
		<post-id xmlns="com-wordpress:feed-additions:1">466</post-id>	</item>
		<item>
		<title>PHP License 3.0</title>
		<link>https://opensource.org/license/php-3-0</link>
		
		<dc:creator><![CDATA[open-source-initiative-production]]></dc:creator>
		<pubDate>Tue, 31 Oct 2006 04:56:16 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/php-php/</guid>

					<description><![CDATA[Redistribution and use in source and binary forms, with or without modification, is permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above...]]></description>
										<content:encoded><![CDATA[<p>Redistribution and use in source and binary forms, with or without modification, is permitted provided that the following conditions are met:</p>
<p>1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.</p>
<p>2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.</p>
<p>3. The name &#8220;PHP&#8221; must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact group@php.net.</p>
<p>4. Products derived from this software may not be called &#8220;PHP&#8221;, nor may &#8220;PHP&#8221; appear in their name, without prior written permission from group@php.net. You may indicate that your software works in conjunction with PHP by saying &#8220;Foo for PHP&#8221; instead of calling it &#8220;PHP Foo&#8221; or &#8220;phpfoo&#8221;</p>
<p>5. The PHP Group may publish revised and/or new versions of the license from time to time. Each version will be given a distinguishing version number. Once covered code 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 covered code under the terms of any subsequent version of the license published by the PHP Group. No one other than the PHP Group has the right to modify the terms applicable to covered code created under this License.</p>
<p>6. Redistributions of any form whatsoever must retain the following acknowledgment: &#8220;This product includes PHP, freely available from &lt;http://www.php.net/&gt;&#8221;.</p>
<p>THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM &#8220;AS IS&#8221; AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;</p>
<p>This software consists of voluntary contributions made by many individuals on behalf of the PHP Group. The PHP Group can be contacted via Email at group@php.net. For more information on the PHP Group and the PHP project, please see &lt;http://www.php.net&gt;. This product includes the Zend Engine, freely available at &lt;http://www.zend.com&gt;.</p>
]]></content:encoded>
					
		
		
		<post-id xmlns="com-wordpress:feed-additions:1">407</post-id>	</item>
		<item>
		<title>Reciprocal Public License, version 1.1</title>
		<link>https://opensource.org/license/rpl-1-1</link>
		
		<dc:creator><![CDATA[open-source-initiative-production]]></dc:creator>
		<pubDate>Tue, 31 Oct 2006 04:56:16 +0000</pubDate>
				<guid isPermaLink="false">https://opensource.org/rpl-1-1/</guid>

					<description><![CDATA[Note: This license has been superseded by the Reciprocal Public License, version 1.5 Copyright (C) 2001-2002 Technical Pursuit Inc., All Rights Reserved. PREAMBLE This Preamble is intended to describe, in...]]></description>
										<content:encoded><![CDATA[<p>Note: This license has been superseded by the <a href="/licenses/RPL-1.5">Reciprocal Public License, version 1.5</a></p>
<p>Copyright (C) 2001-2002</p>
<p>Technical Pursuit Inc.,</p>
<p>All Rights Reserved.</p>
<p>PREAMBLE</p>
<p>This Preamble is intended to describe, in plain English, the nature,<br />
intent, and scope of this License. However, this Preamble is not a part<br />
of this License. The legal effect of this License is dependent only upon<br />
the terms of the License and not this Preamble.</p>
<p>This License is based on the concept of reciprocity. In exchange for<br />
being granted certain rights under the terms of this License to<br />
Licensor&#8217;s Software, whose Source Code You have access to, You are<br />
required to reciprocate by providing equal access and rights to all<br />
third parties to the Source Code of any Modifications, Derivative Works,<br />
and Required Components for execution of same (collectively defined as<br />
Extensions) that You Deploy by Deploying Your Extensions under the terms<br />
of this License. In this fashion the available Source Code related to<br />
the original Licensed Software is enlarged for the benefit of everyone.</p>
<p>Under the terms of this License You may:</p>
<p>a. Distribute the Licensed Software exactly as You received it under the<br />
terms of this License either alone or as a component of an aggregate<br />
software distribution containing programs from several different<br />
sources without payment of a royalty or other fee.</p>
<p>b. Use the Licensed Software for any purpose consistent with the rights<br />
granted by this License, but the Licensor is not providing You any<br />
warranty whatsoever, nor is the Licensor accepting any liability in<br />
the event that the Licensed Software doesn&#8217;t work properly or causes<br />
You any injury or damages.</p>
<p>c. Create Extensions to the Licensed Software consistent with the rights<br />
granted by this License, provided that You make the Source Code to<br />
any Extensions You Deploy available to all third parties under the<br />
terms of this License, document Your Modifications clearly, and title<br />
all Extensions distinctly from the Licensed Software.</p>
<p>d. Charge a fee for warranty or support, or for accepting indemnity or<br />
liability obligations for Your customers.</p>
<p>Under the terms of this License You may not:</p>
<p>a. Charge for the Source Code to the Licensed Software, or Your<br />
Extensions, other than a nominal fee not to exceed Your cost for<br />
reproduction and distribution where such reproduction and<br />
distribution involve physical media.</p>
<p>b. Modify or delete any pre-existing copyright notices, change notices,<br />
or License text in the Licensed Software.</p>
<p>c. Assert any patent claims against the Licensor or Contributors, or<br />
which would in any way restrict the ability of any third party to use<br />
the Licensed Software or portions thereof in any form under the terms<br />
of this License, or Your rights to the Licensed Software under this<br />
License automatically terminate.</p>
<p>d. Represent either expressly or by implication, appearance, or<br />
otherwise that You represent Licensor or Contributors in any capacity<br />
or that You have any form of legal association by virtue of this<br />
License.</p>
<p>Under the terms of this License You must:</p>
<p>a. Document any Modifications You make to the Licensed Software<br />
including the nature of the change, the authors of the change, and<br />
the date of the change. This documentation must appear both in the<br />
Source Code and in a text file titled &#8220;CHANGES&#8221; distributed with the<br />
Licensed Software and Your Extensions.</p>
<p>b. Make the Source Code for any Extensions You Deploy available in a<br />
timely fashion via an Electronic Distribution Mechanism such as FTP<br />
or HTTP download.</p>
<p>c. Notify the Licensor of the availability of Source Code to Your<br />
Extensions in a timely fashion and include in such notice a brief<br />
description of the Extensions, the distinctive title used, and<br />
instructions on how to acquire the Source Code and future updates.</p>
<p>d. Grant Licensor and all third parties a world-wide, non-exclusive,<br />
royalty-free license under any intellectual property rights owned or<br />
controlled by You to use, reproduce, display, perform, modify,<br />
sublicense, and distribute Your Extensions, in any form, under the<br />
terms of this License.</p>
<p>LICENSE TERMS</p>
<p>1.0 General; Applicability &amp; Definitions. This Reciprocal Public License<br />
Version 1.1 (&#8220;License&#8221;) applies to any programs or other works as well<br />
as any and all updates or maintenance releases of said programs or works<br />
(&#8220;Software&#8221;) not already covered by this License which the Software<br />
copyright holder (&#8220;Licensor&#8221;) makes publicly available containing a<br />
Notice (hereinafter defined) from the Licensor specifying or allowing<br />
use or distribution under the terms of this License. As used in this<br />
License and Preamble:</p>
<p>1.1 &#8220;Contributor&#8221; means any person or entity who created or contributed<br />
to the creation of an Extension.</p>
<p>1.2 &#8220;Deploy&#8221; means to use, Serve, sublicense or distribute Licensed<br />
Software other than for Your internal Research and/or Personal Use, and<br />
includes without limitation, any and all internal use or distribution of<br />
Licensed Software within Your business or organization other than for<br />
Research and/or Personal Use, as well as direct or indirect sublicensing<br />
or distribution of Licensed Software by You to any third party in any<br />
form or manner.</p>
<p>1.3 &#8220;Derivative Works&#8221; as used in this License is defined under U.S.<br />
copyright law.</p>
<p>1.4 &#8220;Electronic Distribution Mechanism&#8221; means a mechanism generally<br />
accepted in the software development community for the electronic<br />
transfer of data such as download from an FTP or web site, where such<br />
mechanism is publicly accessible.</p>
<p>1.5 &#8220;Extensions&#8221; means any Modifications, Derivative Works, or Required<br />
Components as those terms are defined in this License.</p>
<p>1.6 &#8220;License&#8221; means this Reciprocal Public License.</p>
<p>1.7 &#8220;Licensed Software&#8221; means any Software licensed pursuant to this<br />
License. Licensed Software also includes all previous Extensions from<br />
any Contributor that You receive.</p>
<p>1.8 &#8220;Licensor&#8221; means the copyright holder of any Software previously<br />
uncovered by this License who releases the Software under the terms of<br />
this License.</p>
<p>1.9 &#8220;Modifications&#8221; means any additions to or deletions from the<br />
substance or structure of (i) a file or other storage containing<br />
Licensed Software, or (ii) any new file or storage that contains any<br />
part of Licensed Software, or (iii) any file or storage which replaces<br />
or otherwise alters the original functionality of Licensed Software at<br />
runtime.</p>
<p>1.10 &#8220;Notice&#8221; means the notice contained in EXHIBIT A.</p>
<p>1.11 &#8220;Personal Use&#8221; means use of Licensed Software by an individual<br />
solely for his or her personal, private and non-commercial purposes. An<br />
individual&#8217;s use of Licensed Software in his or her capacity as an<br />
officer, employee, member, independent contractor or agent of a<br />
corporation, business or organization (commercial or non-commercial)<br />
does not qualify as Personal Use.</p>
<p>1.12 &#8220;Required Components&#8221; means any text, programs, scripts, schema,<br />
interface definitions, control files, or other works created by You<br />
which are required by a third party of average skill to successfully<br />
install and run Licensed Software containing Your Modifications, or to<br />
install and run Your Derivative Works.</p>
<p>1.13 &#8220;Research&#8221; means investigation or experimentation for the purpose<br />
of understanding the nature and limits of the Licensed Software and its<br />
potential uses.</p>
<p>1.14 &#8220;Serve&#8221; means to deliver Licensed Software and/or Your Extensions<br />
by means of a computer network to one or more computers for purposes of<br />
execution of Licensed Software and/or Your Extensions.</p>
<p>1.15 &#8220;Software&#8221; means any computer programs or other works as well as<br />
any updates or maintenance releases of those programs or works which are<br />
distributed publicly by Licensor.</p>
<p>1.16 &#8220;Source Code&#8221; means the preferred form for making modifications to<br />
the Licensed Software and/or Your Extensions, including all modules<br />
contained therein, plus any associated text, interface definition files,<br />
scripts used to control compilation and installation of an executable<br />
program or other components required by a third party of average skill<br />
to build a running version of the Licensed Software or Your Extensions.</p>
<p>1.17 &#8220;You&#8221; or &#8220;Your&#8221; means an individual or a legal entity exercising<br />
rights under this License. For legal entities, &#8220;You&#8221; or &#8220;Your&#8221; includes<br />
any entity which controls, is controlled by, or is under common control<br />
with, You, where &#8220;control&#8221; means (a) the power, direct or indirect, to<br />
cause the direction or management of such entity, whether by contract<br />
or otherwise, or (b) ownership of fifty percent (50%) or more of the<br />
outstanding shares or beneficial ownership of such entity.</p>
<p>2.0 Acceptance Of License. You are not required to accept this License<br />
since you have not signed it, however nothing else grants you permission<br />
to use, copy, distribute, modify, or create derivatives of either the<br />
Software or any Extensions created by a Contributor. These actions are<br />
prohibited by law if you do not accept this License. Therefore, by<br />
performing any of these actions You indicate Your acceptance of this<br />
License and Your agreement to be bound by all its terms and conditions.<br />
IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO<br />
NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT<br />
IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF<br />
THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR<br />
DISTRIBUTE THE SOFTWARE.</p>
<p>3.0 Grant of License From Licensor. Subject to the terms and conditions<br />
of this License, Licensor hereby grants You a world-wide, royalty-free,<br />
non-exclusive license, subject to Licensor&#8217;s intellectual property<br />
rights, and any third party intellectual property claims derived from<br />
the Licensed Software under this License, to do the following:</p>
<p>3.1 Use, reproduce, modify, display, perform, sublicense and distribute<br />
Licensed Software and Your Extensions in both Source Code form or as an<br />
executable program.</p>
<p>3.2 Create Derivative Works (as that term is defined under U.S.<br />
copyright law) of Licensed Software by adding to or deleting from the<br />
substance or structure of said Licensed Software.</p>
<p>3.3 Under claims of patents now or hereafter owned or controlled by<br />
Licensor, to make, use, have made, and/or otherwise dispose of Licensed<br />
Software or portions thereof, but solely to the extent that any such<br />
claim is necessary to enable You to make, use, have made, and/or<br />
otherwise dispose of Licensed Software or portions thereof.</p>
<p>3.4 Licensor reserves the right to release new versions of the Software<br />
with different features, specifications, capabilities, functions,<br />
licensing terms, general availability or other characteristics. Title,<br />
ownership rights, and intellectual property rights in and to the<br />
Licensed Software shall remain in Licensor and/or its Contributors.</p>
<p>4.0 Grant of License From Contributor. By application of the provisions<br />
in Section 6 below, each Contributor hereby grants You a world-wide,<br />
royalty-free, non-exclusive license, subject to said Contributor&#8217;s<br />
intellectual property rights, and any third party intellectual property<br />
claims derived from the Licensed Software under this License, to do the<br />
following:</p>
<p>4.1 Use, reproduce, modify, display, perform, sublicense and distribute<br />
any Extensions Deployed by such Contributor or portions thereof, in both<br />
Source Code form or as an executable program, either on an unmodified<br />
basis or as part of Derivative Works.</p>
<p>4.2 Under claims of patents now or hereafter owned or controlled by<br />
Contributor, to make, use, have made, and/or otherwise dispose of<br />
Extensions or portions thereof, but solely to the extent that any such<br />
claim is necessary to enable You to make, use, have made, and/or<br />
otherwise dispose of Contributor&#8217;s Extensions or portions thereof.</p>
<p>5.0 Exclusions From License Grant. Nothing in this License shall be<br />
deemed to grant any rights to trademarks, copyrights, patents, trade<br />
secrets or any other intellectual property of Licensor or any<br />
Contributor except as expressly stated herein. Except as expressly<br />
stated in Sections 3 and 4, no other patent rights, express or implied,<br />
are granted herein. Your Extensions may require additional patent<br />
licenses from Licensor or Contributors which each may grant in its sole<br />
discretion. No right is granted to the trademarks of Licensor or any<br />
Contributor even if such marks are included in the Licensed Software.<br />
Nothing in this License shall be interpreted to prohibit Licensor from<br />
licensing under different terms from this License any code that Licensor<br />
otherwise would have a right to license.</p>
<p>5.1 You expressly acknowledge and agree that although Licensor and each<br />
Contributor grants the licenses to their respective portions of the<br />
Licensed Software set forth herein, no assurances are provided by<br />
Licensor or any Contributor that the Licensed Software does not infringe<br />
the patent or other intellectual property rights of any other entity.<br />
Licensor and each Contributor disclaim any liability to You for claims<br />
brought by any other entity based on infringement of intellectual<br />
property rights or otherwise. As a condition to exercising the rights<br />
and licenses granted hereunder, You hereby assume sole responsibility to<br />
secure any other intellectual property rights needed, if any. For<br />
example, if a third party patent license is required to allow You to<br />
distribute the Licensed Software, it is Your responsibility to acquire<br />
that license before distributing the Licensed Software.</p>
<p>6.0 Your Obligations And Grants. In consideration of, and as an express<br />
condition to, the licenses granted to You under this License You hereby<br />
agree that any Modifications, Derivative Works, or Required Components<br />
(collectively Extensions) that You create or to which You contribute are<br />
governed by the terms of this License including, without limitation,<br />
Section 4. Any Extensions that You create or to which You contribute<br />
must be Deployed under the terms of this License or a future version<br />
of this License released under Section 7. You hereby grant to Licensor<br />
and all third parties a world-wide, non-exclusive, royalty-free license<br />
under those intellectual property rights You own or control to use,<br />
reproduce, display, perform, modify, create derivatives, sublicense, and<br />
distribute Your Extensions, in any form. Any Extensions You make and<br />
Deploy must have a distinct title so as to readily tell any subsequent<br />
user or Contributor that the Extensions are by You. You must include a<br />
copy of this License with every copy of the Extensions You distribute.<br />
You agree not to offer or impose any terms on any Source Code or<br />
executable version of the Licensed Software, or its Extensions that<br />
alter or restrict the applicable version of this License or the<br />
recipients&#8217; rights hereunder.</p>
<p>6.1 Availability of Source Code. You must make available, under the<br />
terms of this License, the Source Code of the Licensed Software and any<br />
Extensions that You Deploy, either on the same media as You distribute<br />
any executable or other form of the Licensed Software, or via an<br />
Electronic Distribution Mechanism. The Source Code for any version of<br />
Licensed Software, or its Extensions that You Deploy must be made<br />
available at the time of Deployment and must remain available for as<br />
long as You Deploy the Extensions or at least twelve (12) months after<br />
the date You Deploy, whichever is longer. You are responsible for<br />
ensuring that the Source Code version remains available even if the<br />
Electronic Distribution Mechanism is maintained by a third party. You<br />
may not charge a fee for the Source Code distributed under this Section<br />
in excess of Your actual cost of duplication and distribution where such<br />
duplication and distribution involve physical media.</p>
<p>6.2 Description of Modifications. You must cause any Modifications that<br />
You create or to which You contribute, to update the file titled<br />
&#8220;CHANGES&#8221; distributed with Licensed Software documenting the additions,<br />
changes or deletions You made, the authors of such Modifications, and<br />
the dates of any such additions, changes or deletions. You must also<br />
cause a cross-reference to appear in the Source Code at the location of<br />
each change. You must include a prominent statement that the<br />
Modifications are derived, directly or indirectly, from the Licensed<br />
Software and include the names of the Licensor and any Contributor to<br />
the Licensed Software in (i) the Source Code and (ii) in any notice<br />
displayed by the Licensed Software You distribute or in related<br />
documentation in which You describe the origin or ownership of the<br />
Licensed Software. You may not modify or delete any pre-existing<br />
copyright notices, change notices or License text in the Licensed<br />
Software.</p>
<p>6.3 Intellectual Property Matters.</p>
<p>a. Third Party Claims. If You have knowledge that a license to a third<br />
party&#8217;s intellectual property right is required to exercise the<br />
rights granted by this License, You must include a text file with the<br />
Source Code distribution titled &#8220;LEGAL&#8221; that describes the claim and<br />
the party making the claim in sufficient detail that a recipient will<br />
know whom to contact. If You obtain such knowledge after You make any<br />
Extensions available as described in Section 6.1, You shall promptly<br />
modify the LEGAL file in all copies You make available thereafter and<br />
shall take other steps (such as notifying appropriate mailing lists<br />
or newsgroups) reasonably calculated to inform those who received the<br />
Licensed Software from You that new knowledge has been obtained.</p>
<p>b. Contributor APIs. If Your Extensions include an application<br />
programming interface (&#8220;API&#8221;) and You have knowledge of patent<br />
licenses that are reasonably necessary to implement that API, You<br />
must also include this information in the LEGAL file.</p>
<p>c. Representations. You represent that, except as disclosed pursuant to<br />
6.3(a) above, You believe that any Extensions You distribute are Your<br />
original creations and that You have sufficient rights to grant the<br />
rights conveyed by this License.</p>
<p>6.4 Required Notices.</p>
<p>a. License Text. You must duplicate this License in any documentation<br />
You provide along with the Source Code of any Extensions You create<br />
or to which You contribute, wherever You describe recipients&#8217; rights<br />
relating to Licensed Software. You must duplicate the notice<br />
contained in EXHIBIT A (the &#8220;Notice&#8221;) in each file of the Source Code<br />
of any copy You distribute of the Licensed Software and Your<br />
Extensions. If You create an Extension, You may add Your name as a<br />
Contributor to the text file titled &#8220;CONTRIB&#8221; distributed with the<br />
Licensed Software along with a description of the contribution. If it<br />
is not possible to put the Notice in a particular Source Code file<br />
due to its structure, then You must include such Notice in a location<br />
(such as a relevant directory file) where a user would be likely to<br />
look for such a notice.</p>
<p>b. Source Code Availability. You must notify Licensor within one (1)<br />
month of the date You initially Deploy of the availability of Source<br />
Code to Your Extensions and include in such notification the name<br />
under which you Deployed Your Extensions, a description of the<br />
Extensions, and instructions on how to acquire the Source Code,<br />
including instructions on how to acquire updates over time. Should<br />
such instructions change you must provide Licensor with revised<br />
instructions within one (1) month of the date of change. Should you<br />
be unable to notify Licensor directly, you must provide notification<br />
by posting to appropriate news groups, mailing lists, or web sites<br />
where a search engine would reasonably be expected to index them.</p>
<p>6.5 Additional Terms. You may choose to offer, and charge a fee for,<br />
warranty, support, indemnity or liability obligations to one or more<br />
recipients of Licensed Software. However, You may do so only on Your<br />
own behalf, and not on behalf of the Licensor or any Contributor. You<br />
must make it clear that any such warranty, support, indemnity or<br />
liability obligation is offered by You alone, and You hereby agree to<br />
indemnify the Licensor and every Contributor for any liability plus<br />
attorney fees, costs, and related expenses due to any such action or<br />
claim incurred by the Licensor or such Contributor as a result of<br />
warranty, support, indemnity or liability terms You offer.</p>
<p>6.6 Conflicts With Other Licenses. Where any portion of Your Extensions,<br />
by virtue of being Derivative Works of another product or similar<br />
circumstance, fall under the terms of another license, the terms of that<br />
license should be honored however You must also make Your Extensions<br />
available under this License. If the terms of this License continue to<br />
conflict with the terms of the other license you may write the Licensor<br />
for permission to resolve the conflict in a fashion that remains<br />
consistent with the intent of this License. Such permission will be<br />
granted at the sole discretion of the Licensor.</p>
<p>7.0 Versions of This License. Licensor may publish from time to time<br />
revised and/or new versions of the License. Once Licensed Software has<br />
been published under a particular version of the License, You may always<br />
continue to use it under the terms of that version. You may also choose<br />
to use such Licensed Software under the terms of any subsequent version<br />
of the License published by Licensor. No one other than Licensor has the<br />
right to modify the terms applicable to Licensed Software created under<br />
this License.</p>
<p>7.1 If You create or use a modified version of this License, which You<br />
may do only in order to apply it to software that is not already<br />
Licensed Software under this License, You must rename Your license so<br />
that it is not confusingly similar to this License, and must make it<br />
clear that Your license contains terms that differ from this License. In<br />
so naming Your license, You may not use any trademark of Licensor or of<br />
any Contributor. Should Your modifications to this License be limited to<br />
alteration of EXHIBIT A purely for purposes of adjusting the Notice You<br />
require of licensees, You may continue to refer to Your License as the<br />
Reciprocal Public License or simply the RPL.</p>
<p>8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS<br />
LICENSE ON AN &#8220;AS IS&#8221; BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER<br />
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE<br />
LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR<br />
PURPOSE OR NON-INFRINGING. FURTHER THERE IS NO WARRANTY MADE AND ALL<br />
IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED SOFTWARE MEETS OR<br />
COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR OPERATION, SAID<br />
COMPATIBILITY AND SUITABILITY BEING YOUR RESPONSIBILITY. LICENSOR<br />
DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY CONTRIBUTOR&#8217;S<br />
EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF<br />
PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE<br />
LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE<br />
IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR)<br />
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER<br />
THE TERMS OF THIS LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER<br />
NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. LICENSOR HAS NO<br />
KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE, BUT DOES NOT WARRANT<br />
THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES. THIS DISCLAIMER<br />
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF<br />
LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</p>
<p>9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL<br />
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,<br />
SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED<br />
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY<br />
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES<br />
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF<br />
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL<br />
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN<br />
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF<br />
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY<br />
RESULTING FROM SUCH PARTY&#8217;S NEGLIGENCE TO THE EXTENT APPLICABLE LAW<br />
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION<br />
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION<br />
AND LIMITATION MAY NOT APPLY TO YOU.</p>
<p>10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT<br />
AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION<br />
AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING<br />
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,<br />
AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL,<br />
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE<br />
OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY,<br />
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (&#8220;HIGH RISK ACTIVITIES&#8221;).<br />
LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED<br />
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.</p>
<p>11.0 Responsibility for Claims. As between Licensor and Contributors,<br />
each party is responsible for claims and damages arising, directly or<br />
indirectly, out of its utilization of rights under this License which<br />
specifically disclaims warranties and limits any liability of the<br />
Licensor. This paragraph is to be used in conjunction with and<br />
controlled by the Disclaimer Of Warranties of Section 8, the Limitation<br />
Of Damages in Section 9, and the disclaimer against use for High Risk<br />
Activities in Section 10. The Licensor has thereby disclaimed all<br />
warranties and limited any damages that it is or may be liable for. You<br />
agree to work with Licensor and Contributors to distribute such<br />
responsibility on an equitable basis consistent with the terms of this<br />
License including Sections 8, 9, and 10. Nothing herein is intended or<br />
shall be deemed to constitute any admission of liability.</p>
<p>12.0 Termination. This License and all rights granted hereunder will<br />
terminate immediately in the event of the circumstances described in<br />
Section 13.6 or if applicable law prohibits or restricts You from<br />
fully and or specifically complying with Sections 3, 4 and/or 6, or<br />
prevents the enforceability of any of those Sections, and You must<br />
immediately discontinue any use of Licensed Software.</p>
<p>12.1 Automatic Termination Upon Breach. This License and the rights<br />
granted hereunder will terminate automatically if You fail to comply<br />
with the terms herein and fail to cure such breach within thirty (30)<br />
days of becoming aware of the breach. All sublicenses to the Licensed<br />
Software that are properly granted shall survive any termination of this<br />
License. Provisions that, by their nature, must remain in effect beyond<br />
the termination of this License, shall survive.</p>
<p>12.2 Termination Upon Assertion of Patent Infringement. If You initiate<br />
litigation by asserting a patent infringement claim (excluding<br />
declaratory judgment actions) against Licensor or a Contributor<br />
(Licensor or Contributor against whom You file such an action is<br />
referred to herein as &#8220;Respondent&#8221;) alleging that Licensed Software<br />
directly or indirectly infringes any patent, then any and all rights<br />
granted by such Respondent to You under Sections 3 or 4 of this License<br />
shall terminate prospectively upon sixty (60) days notice from<br />
Respondent (the &#8220;Notice Period&#8221;) unless within that Notice Period You<br />
either agree in writing (i) to pay Respondent a mutually agreeable<br />
reasonably royalty for Your past or future use of Licensed Software made<br />
by such Respondent, or (ii) withdraw Your litigation claim with respect<br />
to Licensed Software against such Respondent. If within said Notice<br />
Period a reasonable royalty and payment arrangement are not mutually<br />
agreed upon in writing by the parties or the litigation claim is not<br />
withdrawn, the rights granted by Licensor to You under Sections 3 and 4<br />
automatically terminate at the expiration of said Notice Period.</p>
<p>12.3 Reasonable Value of This License. If You assert a patent<br />
infringement claim against Respondent alleging that Licensed Software<br />
directly or indirectly infringes any patent where such claim is resolved<br />
(such as by license or settlement) prior to the initiation of patent<br />
infringement litigation, then the reasonable value of the licenses<br />
granted by said Respondent under Sections 3 and 4 shall be taken into<br />
account in determining the amount or value of any payment or license.</p>
<p>12.4 No Retroactive Effect of Termination. In the event of termination<br />
under this Section all end user license agreements (excluding licenses<br />
to distributors and resellers) that have been validly granted by You or<br />
any distributor hereunder prior to termination shall survive<br />
termination.</p>
<p>13.0 Miscellaneous.</p>
<p>13.1 U.S. Government End Users. The Licensed Software is a &#8220;commercial<br />
item,&#8221; as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),<br />
consisting of &#8220;commercial computer software&#8221; and &#8220;commercial computer<br />
software documentation,&#8221; as such terms are used in 48 C.F.R. 12.212<br />
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1<br />
through 227.7202-4 (June 1995), all U.S. Government End Users acquire<br />
Licensed Software with only those rights set forth herein.</p>
<p>13.2 Relationship of Parties. This License will not be construed as<br />
creating an agency, partnership, joint venture, or any other form of<br />
legal association between or among You, Licensor, or any Contributor,<br />
and You will not represent to the contrary, whether expressly, by<br />
implication, appearance, or otherwise.</p>
<p>13.3 Independent Development. Nothing in this License will impair<br />
Licensor&#8217;s right to acquire, license, develop, subcontract, market, or<br />
distribute technology or products that perform the same or similar<br />
functions as, or otherwise compete with, Extensions that You may<br />
develop, produce, market, or distribute.</p>
<p>13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to<br />
enforce any provision of this License will not be deemed a waiver of<br />
future enforcement of that or any other provision.</p>
<p>13.5 Severability. This License represents the complete agreement<br />
concerning the subject matter hereof. If any provision of this License<br />
is held to be unenforceable, such provision shall be reformed only to<br />
the extent necessary to make it enforceable.</p>
<p>13.6 Inability to Comply Due to Statute or Regulation. If it is<br />
impossible for You to comply with any of the terms of this License with<br />
respect to some or all of the Licensed Software due to statute, judicial<br />
order, or regulation, then You cannot use, modify, or distribute the<br />
software.</p>
<p>13.7 Export Restrictions. You may be restricted with respect to<br />
downloading or otherwise acquiring, exporting, or reexporting the<br />
Licensed Software or any underlying information or technology by United<br />
States and other applicable laws and regulations. By downloading or by<br />
otherwise obtaining the Licensed Software, You are agreeing to be<br />
responsible for compliance with all applicable laws and regulations.</p>
<p>13.8 Arbitration, Jurisdiction &amp; Venue. This License shall be governed<br />
by Colorado law provisions (except to the extent applicable law, if any,<br />
provides otherwise), excluding its conflict-of-law provisions. You<br />
expressly agree that any dispute relating to this License shall be<br />
submitted to binding arbitration under the rules then prevailing of the<br />
American Arbitration Association. You further agree that Adams County,<br />
Colorado USA is proper venue and grant such arbitration proceeding<br />
jurisdiction as may be appropriate for purposes of resolving any dispute<br />
under this License. Judgement upon any award made in arbitration may be<br />
entered and enforced in any court of competent jurisdiction. The<br />
arbitrator shall award attorney&#8217;s fees and costs of arbitration to the<br />
prevailing party. Should either party find it necessary to enforce its<br />
arbitration award or seek specific performance of such award in a civil<br />
court of competent jurisdiction, the prevailing party shall be entitled<br />
to reasonable attorney&#8217;s fees and costs. The application of the United<br />
Nations Convention on Contracts for the International Sale of Goods is<br />
expressly excluded. You and Licensor expressly waive any rights to a<br />
jury trial in any litigation concerning Licensed Software or this<br />
License. Any law or regulation that provides that the language of a<br />
contract shall be construed against the drafter shall not apply to this<br />
License.</p>
<p>13.9 Entire Agreement. This License constitutes the entire agreement<br />
between the parties with respect to the subject matter hereof.</p>
<p>EXHIBIT A</p>
<p>The Notice below must appear in each file of the Source Code of any copy<br />
You distribute of the Licensed Software or any Extensions thereto,<br />
except as may be modified as allowed under the terms of Section 7.1</p>
<p>Copyright (C) 1999-2002 Technical Pursuit Inc., All Rights<br />
Reserved. Patent Pending, Technical Pursuit Inc.</p>
<p>Unless explicitly acquired and licensed from Licensor under the<br />
Technical Pursuit License (&#8220;TPL&#8221;) Version 1.0 or greater, the<br />
contents of this file are subject to the Reciprocal Public License<br />
(&#8220;RPL&#8221;) Version 1.1, or subsequent versions as allowed by the RPL,<br />
and You may not copy or use this file in either source code or<br />
executable form, except in compliance with the terms and conditions<br />
of the RPL.</p>
<p>You may obtain a copy of both the TPL and the RPL (the &#8220;Licenses&#8221;)<br />
from Technical Pursuit Inc. at http://www.technicalpursuit.com.</p>
<p>All software distributed under the Licenses is provided strictly on<br />
an &#8220;AS IS&#8221; basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR<br />
IMPLIED, AND TECHNICAL PURSUIT INC. HEREBY DISCLAIMS ALL SUCH<br />
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF<br />
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,<br />
OR NON-INFRINGEMENT. See the Licenses for specific language<br />
governing rights and limitations under the Licenses.</p>
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