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Name Reciprocal Public License version 1.3
URL http://web.archive.org/web/20080828191234/http://www.technicalpursuit.com/licenses/RPL_1.3.html
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License text

RECIPROCAL PUBLIC LICENSE
Version 1.3, February 1, 2006

Copyright (C) 2001-2006
Technical Pursuit Inc.,
All Rights Reserved.

PREAMBLE

This Preamble is intended to describe, in plain English, the nature,
intent, and scope of this License. However, this Preamble is not a
part of this License. The legal effect of this License is dependent
only upon the terms of the License and not this Preamble.

This License is based on the concept of reciprocity. In exchange for
being granted certain rights under the terms of this License to
Licensor's Software, whose Source Code You have access to, You are
required to reciprocate by providing equal access and rights to all
third parties to the Source Code of any Modifications, Derivative
Works, and Required Components for execution of same (collectively
defined as Extensions) that You Deploy by Deploying Your Extensions
under the terms of this License. In this fashion the available Source
Code related to the original Licensed Software is enlarged for the
benefit of everyone.

Under the terms of this License You may:

a. Distribute the Licensed Software exactly as You received it under
the terms of this License either alone or as a component of an
aggregate software distribution containing programs from several
different sources without payment of a royalty or other fee.

b. Use the Licensed Software for any purpose consistent with the
rights granted by this License, but the Licensor is not providing You
any warranty whatsoever, nor is the Licensor accepting any liability
in the event that the Licensed Software doesn't work properly or
causes You any injury or damages.

c. Create Extensions to the Licensed Software consistent with the
rights granted by this License, provided that You make the Source Code
to any Extensions You Deploy available to all third parties under the
terms of this License, document Your Modifications clearly, and title
all Extensions distinctly from the Licensed Software.

d. Charge a fee for warranty or support, or for accepting indemnity or
liability obligations for Your customers, or for physically
transferring a copy of the Licensed Software as you received it.

Under the terms of this License You may not:

a. Charge for the Source Code to the Licensed Software, or Your
Extensions, other than a nominal fee not to exceed Your cost for
reproduction and distribution.

b. Modify or delete any pre-existing copyright notices, change
notices, or License text in the Licensed Software.

c. Assert any patent claims against the Licensor or Contributors, or
which would in any way restrict the ability of any third party to use
the Licensed Software or portions thereof in any form under the terms
of this License, or Your rights to the Licensed Software under this
License automatically terminate.

d. Represent either expressly or by implication, appearance, or
otherwise that You represent Licensor or Contributors in any capacity
or that You have any form of legal association by virtue of this
License.

Under the terms of this License You must:

a. Document any Modifications You make to the Licensed Software
including the nature of the change, the authors of the change, and the
date of the change. This documentation must appear in the Source Code
of the Licensed Software and Your Extensions.

b. Make the Source Code for any Extensions You Deploy available in a
timely fashion via an Electronic Distribution Mechanism such as FTP or
HTTP download.

c. Notify the software community of the availability of Source Code to
Your Extensions in a timely fashion by posting to appropriate news
groups, mailing lists, or web sites where a search engine accessible
to the public can index your post in relationship to the Software,
including in such notice a brief description of the Extensions, the
distinctive title used, and instructions on how to acquire the Source
Code.

d. Grant Licensor and all third parties a world-wide, non-exclusive,
royalty-free license under any intellectual property rights owned or
controlled by You to use, reproduce, display, perform, modify,
sublicense, and distribute Your Extensions, in any form, under the
terms of this License.

LICENSE TERMS

1.0 General; Applicability & Definitions. This Reciprocal Public
License Version 1.3 ("License") applies to any programs or other works
as well as any and all updates or maintenance releases of said
programs or works ("Software") not already covered by this License
which the Software copyright holder ("Licensor") makes publicly
available containing a Notice (hereinafter defined) from the Licensor
specifying or allowing use or distribution under the terms of this
License. As used in this License and Preamble:

1.1 "Contributor" means any person or entity who created or
contributed to the creation of an Extension.

1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed
Software other than for Your internal Research and/or Personal Use,
and includes without limitation, any and all internal use or
distribution of Licensed Software within Your business or organization
other than for Research and/or Personal Use, as well as direct or
indirect sublicensing or distribution of Licensed Software by You to
any third party in any form or manner.

1.3 "Derivative Works" as used in this License is defined under
U.S. copyright law.

1.4 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data such as download from an FTP or web site, where such
mechanism is publicly accessible.

1.5 "Extensions" means any Modifications, Derivative Works, or
Required Components as those terms are defined in this License.

1.6 "License" means this Reciprocal Public License.

1.7 "Licensed Software" means any Software licensed pursuant to this
License. Licensed Software also includes all previous Extensions from
any Contributor that You receive.

1.8 "Licensor" means the copyright holder of any Software previously
uncovered by this License who releases the Software under the terms of
this License.

1.9 "Modifications" means any additions to or deletions from the
substance or structure of (i) a file or other storage containing
Licensed Software, or (ii) any new file or storage that contains any
part of Licensed Software, or (iii) any file or storage which replaces
or otherwise alters the original functionality of Licensed Software at
runtime.

1.10 "Notice" means the notice contained in EXHIBIT A.

1.11 "Personal Use" means use of Licensed Software by an individual
solely for his or her personal, private and non-commercial
purposes. An individual's use of Licensed Software in his or her
capacity as an officer, employee, member, independent contractor or
agent of a corporation, business or organization (commercial or
non-commercial) does not qualify as Personal Use.

1.12 "Required Components" means any text, programs, scripts, schema,
interface definitions, control files, or other works created by You
which are required by a third party of average skill to successfully
install and run Licensed Software containing Your Modifications, or to
install and run Your Derivative Works.

1.13 "Research" means investigation or experimentation for the purpose
of understanding the nature and limits of the Licensed Software and
its potential uses.

1.14 "Serve" means to deliver Licensed Software and/or Your Extensions
by means of a computer network to one or more computers for purposes
of execution of Licensed Software and/or Your Extensions.

1.15 "Software" means any computer programs or other works as well as
any updates or maintenance releases of those programs or works which
are distributed publicly by Licensor.

1.16 "Source Code" means the preferred form for making modifications
to the Licensed Software and/or Your Extensions, including all modules
contained therein, plus any associated text, interface definition
files, scripts used to control compilation and installation of an
executable program or other components required by a third party of
average skill to build a running version of the Licensed Software or
Your Extensions.

1.17 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership of
such entity.

2.0 Acceptance Of License. You are not required to accept this License
since you have not signed it, however nothing else grants you
permission to use, copy, distribute, modify, or create derivatives of
either the Software or any Extensions created by a Contributor. These
actions are prohibited by law if you do not accept this
License. Therefore, by performing any of these actions You indicate
Your acceptance of this License and Your agreement to be bound by all
its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND
CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR
DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH
ALL THE TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE,
MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.

3.0 Grant of License From Licensor. Subject to the terms and
conditions of this License, Licensor hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to Licensor's
intellectual property rights, and any third party intellectual
property claims derived from the Licensed Software under this License,
to do the following:

3.1 Use, reproduce, modify, display, perform, sublicense and
distribute Licensed Software and Your Extensions in both Source Code
form or as an executable program.

3.2 Create Derivative Works (as that term is defined under
U.S. copyright law) of Licensed Software by adding to or deleting from
the substance or structure of said Licensed Software.

3.3 Under claims of patents now or hereafter owned or controlled by
Licensor, to make, use, have made, and/or otherwise dispose of
Licensed Software or portions thereof, but solely to the extent that
any such claim is necessary to enable You to make, use, have made,
and/or otherwise dispose of Licensed Software or portions thereof.

3.4 Licensor reserves the right to release new versions of the
Software with different features, specifications, capabilities,
functions, licensing terms, general availability or other
characteristics. Title, ownership rights, and intellectual property
rights in and to the Licensed Software shall remain in Licensor and/or
its Contributors.

4.0 Grant of License From Contributor. By application of the
provisions in Section 6 below, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license, subject to said
Contributor's intellectual property rights, and any third party
intellectual property claims derived from the Licensed Software under
this License, to do the following:

4.1 Use, reproduce, modify, display, perform, sublicense and
distribute any Extensions Deployed by such Contributor or portions
thereof, in both Source Code form or as an executable program, either
on an unmodified basis or as part of Derivative Works.

4.2 Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, have made, and/or otherwise dispose of
Extensions or portions thereof, but solely to the extent that any such
claim is necessary to enable You to make, use, have made, and/or
otherwise dispose of Contributor's Extensions or portions thereof.

5.0 Exclusions From License Grant. Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. Except as expressly
stated in Sections 3 and 4, no other patent rights, express or
implied, are granted herein. Your Extensions may require additional
patent licenses from Licensor or Contributors which each may grant in
its sole discretion. No right is granted to the trademarks of Licensor
or any Contributor even if such marks are included in the Licensed
Software. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under different terms from this License any
code that Licensor otherwise would have a right to license.

5.1 You expressly acknowledge and agree that although Licensor and
each Contributor grants the licenses to their respective portions of
the Licensed Software set forth herein, no assurances are provided by
Licensor or any Contributor that the Licensed Software does not
infringe the patent or other intellectual property rights of any other
entity. Licensor and each Contributor disclaim any liability to You
for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, You hereby
assume sole responsibility to secure any other intellectual property
rights needed, if any. For example, if a third party patent license is
required to allow You to distribute the Licensed Software, it is Your
responsibility to acquire that license before distributing the
Licensed Software.

6.0 Your Obligations And Grants. In consideration of, and as an
express condition to, the licenses granted to You under this License
You hereby agree that any Modifications, Derivative Works, or Required
Components (collectively Extensions) that You create or to which You
contribute are governed by the terms of this License including,
without limitation, Section 4. Any Extensions that You create or to
which You contribute must be Deployed under the terms of this License
or a future version of this License released under Section 7. You
hereby grant to Licensor and all third parties a world-wide,
non-exclusive, royalty-free license under those intellectual property
rights You own or control to use, reproduce, display, perform, modify,
create derivatives, sublicense, and distribute Your Extensions, in any
form. Any Extensions You make and Deploy must have a distinct title so
as to readily tell any subsequent user or Contributor that the
Extensions are by You. You must include a copy of this License with
every copy of the Extensions You distribute. You agree not to offer or
impose any terms on any Source Code or executable version of the
Licensed Software, or its Extensions that alter or restrict the
applicable version of this License or the recipients' rights
hereunder.

6.1 Availability of Source Code. You must make available, under the
terms of this License, the Source Code of any Extensions that You
Deploy, via an Electronic Distribution Mechanism. The Source Code for
any version that You Deploy must be made available within one (1)
month of when you Deploy and must remain available for no less than
twelve (12) months after the date You cease to Deploy, whichever is
longer. You are responsible for ensuring that the Source Code to each
version You Deploy remains available even if the Electronic
Distribution Mechanism is maintained by a third party. You may not
charge a fee for the Source Code distributed under this Section in
excess of Your actual cost of duplication and distribution.

6.2 Description of Modifications. You must cause any Modifications
that You create or to which You contribute to be documented in the
Source Code, clearly describing the additions, changes or deletions
You made, the authors of such Modifications, and the dates of any such
additions, changes or deletions. You must include a prominent
statement that the Modifications are derived, directly or indirectly,
from the Licensed Software and include the names of the Licensor and
any Contributor to the Licensed Software in (i) the Source Code and
(ii) in any notice displayed by the Licensed Software You distribute
or in related documentation in which You describe the origin or
ownership of the Licensed Software. You may not modify or delete any
pre-existing copyright notices, change notices or License text in the
Licensed Software.

6.3 Intellectual Property Matters.

a. Third Party Claims. If You have knowledge that a license to a third
party's intellectual property right is required to exercise the rights
granted by this License, You must include a text file with the Source
Code distribution titled "LEGAL" that describes the claim and the
party making the claim in sufficient detail that a recipient will know
whom to contact. If You obtain such knowledge after You make any
Extensions available as described in Section 6.1, You shall promptly
modify the LEGAL file in all copies You make available thereafter and
shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the
Licensed Software from You that new knowledge has been obtained.

b. Contributor APIs. If Your Extensions include an application
programming interface ("API") and You have knowledge of patent
licenses that are reasonably necessary to implement that API, You must
also include this information in the LEGAL file.

c. Representations. You represent that, except as disclosed pursuant
to 6.3(a) above, You believe that any Extensions You distribute are
Your original creations and that You have sufficient rights to grant
the rights conveyed by this License.

6.4 Required Notices.

a. License Text. You must duplicate this License in any documentation
You provide along with the Source Code of any Extensions You create or
to which You contribute, wherever You describe recipients' rights
relating to Licensed Software. You must duplicate the notice contained
in EXHIBIT A (the "Notice") in each file of the Source Code of any
copy You distribute of the Licensed Software and Your Extensions. If
You create an Extension, You may add Your name as a Contributor to the
Source Code and accompanying documentation along with a description of
the contribution. If it is not possible to put the Notice in a
particular Source Code file due to its structure, then You must
include such Notice in a location (such as a relevant directory file)
where a user would be likely to look for such a notice.

b. Source Code Availability. You must notify the software community of
the availability of Source Code to Your Extensions within one (1)
month of the date You initially Deploy and include in such
notification a description of the Extensions, and instructions on how
to acquire the Source Code. Should such instructions change you must
notify the software community of revised instructions within one (1)
month of the date of change. You must provide notification by posting
to appropriate news groups, mailing lists, weblogs, or other sites
where a publicly accessible search engine would reasonably be expected
to index your post in relationship to queries regarding the Licensed
Software and/or Your Extensions.

6.5 Additional Terms. You may choose to offer, and charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Licensed Software. However, You may do so only on Your
own behalf, and not on behalf of the Licensor or any Contributor. You
must make it clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to
indemnify the Licensor and every Contributor for any liability plus
attorney fees, costs, and related expenses due to any such action or
claim incurred by the Licensor or such Contributor as a result of
warranty, support, indemnity or liability terms You offer. You may
also charge a nominal fee for physical transfer of a copy of the
Licensed Software as you received it.

6.6 Conflicts With Other Licenses. Where any portion of Your
Extensions, by virtue of being Derivative Works of another product or
similar circumstance, fall under the terms of another license, the
terms of that license should be honored however You must also make
Your Extensions available under this License. If the terms of this
License continue to conflict with the terms of the other license you
may write the Licensor for permission to resolve the conflict in a
fashion that remains consistent with the intent of this License. Such
permission will be granted at the sole discretion of the Licensor.

7.0 Versions of This License. Licensor may publish from time to time
revised and/or new versions of the License. Once Licensed Software has
been published under a particular version of the License, You may
always continue to use it under the terms of that version. You may
also choose to use such Licensed Software under the terms of any
subsequent version of the License published by Licensor. No one other
than Licensor has the right to modify the terms applicable to Licensed
Software created under this License.

7.1 If You create or use a modified version of this License, which You
may do only in order to apply it to software that is not already
Licensed Software under this License, You must rename Your license so
that it is not confusingly similar to this License, and must make it
clear that Your license contains terms that differ from this
License. In so naming Your license, You may not use any trademark of
Licensor or of any Contributor. Should Your modifications to this
License be limited to alteration of Section 13.8 purely to modify the
legal Jurisdiction or Venue for disputes, You may continue to refer to
Your License as the Reciprocal Public License or simply the RPL.

8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. FURTHER THERE IS NO WARRANTY
MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED
SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR
OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR
RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED,
THAT ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY
OR DESCRIPTION OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED
SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR
ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. UNDER THE TERMS OF THIS LICENSOR WILL NOT
SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO
THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN
THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM
SUCH ERRORS OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED SOFTWARE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT
AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION
AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE
OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK
ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

11.0 Responsibility for Claims. As between Licensor and Contributors,
each party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License which
specifically disclaims warranties and limits any liability of the
Licensor. This paragraph is to be used in conjunction with and
controlled by the Disclaimer Of Warranties of Section 8, the
Limitation Of Damages in Section 9, and the disclaimer against use for
High Risk Activities in Section 10. The Licensor has thereby
disclaimed all warranties and limited any damages that it is or may be
liable for. You agree to work with Licensor and Contributors to
distribute such responsibility on an equitable basis consistent with
the terms of this License including Sections 8, 9, and 10. Nothing
herein is intended or shall be deemed to constitute any admission of
liability.

12.0 Termination. This License and all rights granted hereunder will
terminate immediately in the event of the circumstances described in
Section 13.6 or if applicable law prohibits or restricts You from
fully and or specifically complying with Sections 3, 4 and/or 6, or
prevents the enforceability of any of those Sections, and You must
immediately discontinue any use of Licensed Software.

12.1 Automatic Termination Upon Breach. This License and the rights
granted hereunder will terminate automatically if You fail to comply
with the terms herein and fail to cure such breach within thirty (30)
days of becoming aware of the breach. All sublicenses to the Licensed
Software that are properly granted shall survive any termination of
this License. Provisions that, by their nature, must remain in effect
beyond the termination of this License, shall survive.

12.2 Termination Upon Assertion of Patent Infringement. If You
initiate litigation by asserting a patent infringement claim
(excluding declaratory judgment actions) against Licensor or a
Contributor (Licensor or Contributor against whom You file such an
action is referred to herein as "Respondent") alleging that Licensed
Software directly or indirectly infringes any patent, then any and all
rights granted by such Respondent to You under Sections 3 or 4 of this
License shall terminate prospectively upon sixty (60) days notice from
Respondent (the "Notice Period") unless within that Notice Period You
either agree in writing (i) to pay Respondent a mutually agreeable
reasonably royalty for Your past or future use of Licensed Software
made by such Respondent, or (ii) withdraw Your litigation claim with
respect to Licensed Software against such Respondent. If within said
Notice Period a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Licensor to You under Sections
3 and 4 automatically terminate at the expiration of said Notice
Period.

12.3 Reasonable Value of This License. If You assert a patent
infringement claim against Respondent alleging that Licensed Software
directly or indirectly infringes any patent where such claim is
resolved (such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the
licenses granted by said Respondent under Sections 3 and 4 shall be
taken into account in determining the amount or value of any payment
or license.

12.4 No Retroactive Effect of Termination. In the event of termination
under this Section all end user license agreements (excluding licenses
to distributors and resellers) that have been validly granted by You
or any distributor hereunder prior to termination shall survive
termination.

13.0 Miscellaneous.

13.1 U.S. Government End Users. The Licensed Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Licensed Software with only those rights set forth
herein.

13.2 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture, or any other form of
legal association between or among You, Licensor, or any Contributor,
and You will not represent to the contrary, whether expressly, by
implication, appearance, or otherwise.

13.3 Independent Development. Nothing in this License will impair
Licensor's right to acquire, license, develop, subcontract, market, or
distribute technology or products that perform the same or similar
functions as, or otherwise compete with, Extensions that You may
develop, produce, market, or distribute.

13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor
to enforce any provision of this License will not be deemed a waiver
of future enforcement of that or any other provision.

13.5 Severability. This License represents the complete agreement
concerning the subject matter hereof. If any provision of this License
is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable.

13.6 Inability to Comply Due to Statute or Regulation. If it is
impossible for You to comply with any of the terms of this License
with respect to some or all of the Licensed Software due to statute,
judicial order, or regulation, then You cannot use, modify, or
distribute the software.

13.7 Export Restrictions. You may be restricted with respect to
downloading or otherwise acquiring, exporting, or reexporting the
Licensed Software or any underlying information or technology by
United States and other applicable laws and regulations. By
downloading or by otherwise obtaining the Licensed Software, You are
agreeing to be responsible for compliance with all applicable laws and
regulations.

13.8 Arbitration, Jurisdiction & Venue. This License shall be governed
by Colorado law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law
provisions. You expressly agree that any dispute relating to this
License shall be submitted to binding arbitration under the rules then
prevailing of the American Arbitration Association. You further agree
that Adams County, Colorado USA is proper venue and grant such
arbitration proceeding jurisdiction as may be appropriate for purposes
of resolving any dispute under this License. Judgement upon any award
made in arbitration may be entered and enforced in any court of
competent jurisdiction. The arbitrator shall award attorney's fees and
costs of arbitration to the prevailing party. Should either party find
it necessary to enforce its arbitration award or seek specific
performance of such award in a civil court of competent jurisdiction,
the prevailing party shall be entitled to reasonable attorney's fees
and costs. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded. You and Licensor expressly waive any rights to a jury trial
in any litigation concerning Licensed Software or this License. Any
law or regulation that provides that the language of a contract shall
be construed against the drafter shall not apply to this License.

13.9 Entire Agreement. This License constitutes the entire agreement
between the parties with respect to the subject matter hereof.

EXHIBIT A

The Notice below must appear in each file of the Source Code of any
copy You distribute of the Licensed Software or any Extensions
thereto:

    Unless explicitly acquired and licensed from Licensor under
    another license, the contents of this file are subject to the
    Reciprocal Public License ("RPL") Version 1.3, or subsequent
    versions as allowed by the RPL, and You may not copy or use this
    file in either source code or executable form, except in
    compliance with the terms and conditions of the RPL.

    All software distributed under the RPL is provided strictly on an
    "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
    IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES,
    INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR
    NON-INFRINGEMENT. See the RPL for specific language governing
    rights and limitations under the RPL.




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