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LICENSE
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Yombo Software Reciprocal Public License
Copyright (C) 2013 Yombo
All rights reserved.
Yombo Reciprocal Public License (YRPL)
Version 1.6, August 2013
A modified variance of:
Reciprocal Public License (RPL-1.5)
Version 1.5, July 15, 2007
Copyright (C) 2001-2007
Technical Pursuit Inc.,
All Rights Reserved.
PREAMBLE
The Yombo Reciprocal Public License (YRPL) is based on the concept of
reciprocity or, if you prefer, fairness.
In short, this license grew out of a desire to close loopholes in previous open
source licenses, loopholes that allowed parties to acquire open source software
and derive financial benefit from it without having to release their
improvements or derivatives to the community which enabled them. This occurred
any time an entity did not release their application to a "third party". While
there is a certain freedom in this model of licensing, it struck the authors of
the RPL as being unfair to the open source community at large and to the
original authors of the works in particular. After all, bug fixes, extensions,
and meaningful and valuable derivatives were not consistently finding their way
back into the community where they could fuel further, and faster, growth
and expansion of the overall open source software base. While you should
clearly read and understand the entire license, the essence of the YRPL is
found in two definitions: "Deploy" and "Required Components". Regarding
deployment, under the YRPL your changes, bug fixes, extensions, etc. must be
made available to the open source community at large when you Deploy in any
form -- either internally or to an outside party. Once you start running the
software you have to start sharing the software. Further, under the YRPL all
components you author including schemas, scripts, source code, etc. -- regardless
of whether they're compiled into a single binary or used as two halves of
client/server application -- must be shared. You have to share the whole pie,
not an isolated slice of it. In addition to these goals, the YRPL was authored
to meet the requirements of the Open Source Definition as maintained by the
Open Source Initiative (OSI). The specific terms and conditions of the license
are defined in the remainder of this document.
BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY,
"SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF YOMBO, INC. AND ITS AFFILIATED
ENTITIES ("YOMBO") IN CONNECTION WITH YOUR USE OF THE YOMBO SERVICE, YOU
ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT
("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS
OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR
PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE
FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE,
THE SOFTWARE.
LICENSE TERMS
1.0 General. Applicability Definitions. This Reciprocal Public License
Version 1.6 ("License") applies to any programs or other works as well as any
and all updates or maintenance releases of said programs or works
("Software") not already covered by this License which the Software copyright
holder ("Licensor") makes available containing a License Notice (hereinafter
defined) from the Licensor specifying or allowing use or distribution under
the terms of this License. As used in this License:
1.1 "Contributor" means any person or entity who created or contributed to
the creation of an Extension.
1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software
other than for Your internal Research and/or Personal Use, and includes
without limitation, any and all internal use or distribution of Licensed
Software within Your business or organization other than for Research
and/or Personal Use, as well as direct or indirect sublicensing or
distribution of Licensed Software by You to any third party in any form
or manner.
1.3 "Derivative Works" as used in this License is defined under U.S. copyright
law.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in
the software development community for the electronic transfer of data such
as download from an FTP server or web site, where such mechanism is publicly
accessible.
1.5 "Extensions" means any Modifications, Derivative Works, or Required
Components as those terms are defined in this License.
1.6 "License" means this Reciprocal Public License.
1.7 "License Notice" means any notice contained in EXHIBIT A.
1.8 "Licensed Software" means any Software licensed pursuant to this License.
Licensed Software also includes all previous Extensions from any Contributor
that You receive.
1.9 "Licensor" means the copyright holder of any Software previously not
covered by this License who releases the Software under the terms of this
License.
1.10 "Modifications" means any additions to or deletions from the substance or
structure of (i) a file or other storage containing Licensed Software, or (ii)
any new file or storage that contains any part of Licensed Software, or (iii)
any file or storage which replaces or otherwise alters the original
functionality of Licensed Software at runtime.
1.11 "Personal Use" means use of Licensed Software by an individual solely for
his or her personal, private and non-commercial purposes. An individual's use
of Licensed Software in his or her capacity as an officer, employee, member,
independent contractor or agent of a corporation, business or organization
(commercial or non-commercial) does not qualify as Personal Use.
1.12 "Required Components" means any text, programs, scripts, schema, interface
definitions, control files, or other works created by You which are required
by a third party of average skill to successfully install and run Licensed
Software containing Your Modifications, or to install and run Your Derivative
Works.
1.13 "Research" means investigation or experimentation for the purpose of
understanding the nature and limits of the Licensed Software and its potential
uses.
1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by means
of a computer network to one or more computers for purposes of execution of
Licensed Software and/or Your Extensions.
1.15 "Software" means any computer programs or other works as well as any
updates or maintenance releases of those programs or works which are
distributed publicly by Licensor.
1.16 "Source Code" means the preferred form for making modifications to the
Licensed Software and/or Your Extensions, including all modules contained
therein, plus any associated text, interface definition files, scripts used
to control compilation and installation of an executable program or other
components required by a third party of average skill to build a running
version of the Licensed Software or Your Extensions.
1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
1.18 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You,
where "control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise,
or (b) ownership of fifty percent (50%) or more of the outstanding shares
or beneficial ownership of such entity.
2.0 Acceptance Of License. You are not required to accept this License since
you have not signed it, however nothing else grants you permission to use,
copy, distribute, modify, or create derivatives of either the Software or any
Extensions created by a Contributor. These actions are prohibited by law if
you do not accept this License. Therefore, by performing any of these actions
You indicate Your acceptance of this License and Your agreement to be bound
by all its terms and conditions.
IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT
USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT IS
IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS
LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE
THE SOFTWARE.
3.0 Grant of License From Licensor. Subject to the terms and conditions of this
License, Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, non-competing 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 a
non-competing executable program. All source code must accompany any
executable form of the Licensed Software.
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 a non-competing executable program, either on an unmodified
basis or as part of Derivative Works. All source code must accompany any
executable form of the Licensed Software.
4.2 Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, have made, and/or otherwise dispose of
Extensions or portions thereof, but solely to the extent that any such claim
is necessary to enable You to make, use, have made, and/or otherwise dispose
of Licensed Software or portions thereof.
5.0 Exclusions From License Grant. Nothing in this License shall be deemed to
grant any rights to trademarks, copyrights, patents, trade secrets or any
other intellectual property of Licensor or any Contributor except as
expressly stated herein. Except as expressly stated in Sections 3 and 4, no
other patent rights, express or implied, are granted herein. Your
Extensions may require additional patent licenses from Licensor or
Contributors which each may grant in its sole discretion. No right is
granted to the trademarks of Licensor or any Contributor even if such marks
are included in the Licensed Software. Nothing in this License shall be
interpreted to prohibit Licensor from licensing under different terms from
this License any code that Licensor otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each
Contributor grants the licenses to their respective portions of the Licensed
Software set forth herein, no assurances are provided by Licensor or any
Contributor that the Licensed Software does not infringe the patent or other
intellectual property rights of any other entity. Licensor and each
Contributor disclaim any liability to You for claims brought by any other
entity based on infringement of intellectual property rights or otherwise.
As a condition to exercising the rights and licenses granted hereunder,
You hereby assume sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party patent license
is required to allow You to distribute the Licensed Software, it is Your
responsibility to acquire that license before distributing the Licensed
Software.
5.2 ALL LICENSES ARE SUBJECT TO THE FOLLOWING CONDITION: Under no circumstances
may the Source Code or compiled version or Source Code or any modification or
variation thereof whatsoever Source Code be used, in whole or in part, as the
basis for creating a product which is in any way competitive with a Yombo
product except by a writing signed by an authorized officer of Yombo. To
avoid any doubt you may not solicit, canvas, approach or accept any approach
from any person with a view to utilising the Source Code to compete with the
business of Yombo in any way or otherwise be concerned with or interested
in (whether as trustee, principal, agent, shareholder, unit holder or in
any other capacity) any business which uses the Source Code to carry on the
same, substantially similar to or competitive with the business of Yombo or
be employed by, work for or contract or consult to (directly or indirectly,
whether or not for remuneration, and in any capacity) any business which
uses the Source Code to carry on business the same, substantially similar
to or competitive with the business of Yombo.
6.0 Your Obligations And Grants. In consideration of, and as an express
condition to, the licenses granted to You under this License You hereby
agree that any Modifications, Derivative Works, or Required Components
(collectively Extensions) that You create or to which You contribute are
governed by the terms of this License including, without limitation, Section
4. Any Extensions that You create or to which You contribute must be
Deployed under the terms of this License or a future version of this
License released under Section 7. You hereby grant to Licensor and all
third parties a world-wide, non-exclusive, royalty-free license under
those intellectual property rights You own or control to use, reproduce,
display, perform, modify, create derivatives, sublicense, and distribute
Licensed Software, in any form. Any Extensions You make and Deploy must
have a distinct title so as to readily tell any subsequent user or
Contributor that the Extensions are by You. You must include a copy of
this License or directions on how to obtain a copy with every copy of the
Extensions You distribute. You agree not to offer or impose any terms on any
Source Code or executable version of the Licensed Software, or its Extensions
that alter or restrict the applicable version of this License or the
recipients' rights hereunder.
6.1 Availability of Source Code. You must make available, under the terms of
this License, the Source Code of any Extensions that You Deploy, via an
Electronic Distribution Mechanism. The Source Code for any version that You
Deploy must be made available within one (1) month of when you Deploy and
must remain available for no less than twelve (12) months after the date
You cease to Deploy. You are responsible for ensuring that the Source Code
to each version You Deploy remains available even if the Electronic
Distribution Mechanism is maintained by a third party. You may not charge a
fee for any copy of the Source Code distributed under this Section in excess
of Your actual cost of duplication and distribution of said copy.
6.2 Description of Modifications. You must cause any Modifications that You
create or to which You contribute to be documented in the Source Code,
clearly describing the additions, changes or deletions You made. You must
include a prominent statement that the Modifications are derived, directly
or indirectly, from the Licensed Software and include the names of the
Licensor and any Contributor to the Licensed Software in (i) the Source Code
and (ii) in any notice displayed by the Licensed Software You distribute or
in related documentation in which You describe the origin or ownership of
the Licensed Software. You may not modify or delete any pre-existing
copyright notices, change notices or License text in the Licensed Software
without written permission of the respective Licensor or Contributor.
6.3 Intellectual Property Matters.
a. Third Party Claims. If You have knowledge that a license to a third party's
intellectual property right is required to exercise the rights granted by
this License, You must include a human-readable file with Your
distribution that describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact.
b. Contributor APIs. If Your Extensions include an application programming
interface ("API") and You have knowledge of patent licenses that are
reasonably necessary to implement that API, You must also include this
information in a human-readable file supplied with Your distribution.
c. Representations. You represent that, except as disclosed pursuant to 6.3(a)
above, You believe that any Extensions You distribute are Your original
creations and that You have sufficient rights to grant the rights conveyed
by this License.
6.4 Required Notices.
a. License Text. You must duplicate this License or instructions on how to
acquire a copy in any documentation You provide along with the Source Code
of any Extensions You create or to which You contribute, wherever You
describe recipients' rights relating to Licensed Software.
b. License Notice. You must duplicate any notice contained in EXHIBIT A (the
"License Notice") in each file of the Source Code of any copy You
distribute of the Licensed Software and Your Extensions. If You create an
Extension, You may add Your name as a Contributor to the Source Code and
accompanying documentation along with a description of the contribution.
If it is not possible to put the License Notice in a particular Source Code
file due to its structure, then You must include such License Notice in a
location where a user would be likely to look for such a notice.
c. Source Code Availability. You must notify the software community of the
availability of Source Code to Your Extensions within one (1) month of the
date You initially Deploy and include in such notification a description
of the Extensions, and instructions on how to acquire the Source Code.
Should such instructions change you must notify the software community of
revised instructions within one (1) month of the date of change. You must
provide notification by posting to appropriate news groups, mailing lists,
weblogs, or other sites where a publicly accessible search engine would
reasonably be expected to index your post in relationship to queries
regarding the Licensed Software and/or Your Extensions.
d. User-Visible Attribution. You must duplicate any notice contained in
EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible
display of the Licensed Software and Your Extensions which delineates
copyright, ownership, or similar attribution information. If You create an
Extension, You may add Your name as a Contributor, and add Your attribution
notice, as an equally visible and functional element of any User-Visible
Attribution Notice content. To ensure proper attribution, You must also
include such User-Visible Attribution Notice in at least one location in
the Software documentation where a user would be likely to look for such
notice.
6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of
Licensed Software. However, You may do so only on Your own behalf, and not
on behalf of the Licensor or any Contributor except as permitted under
other agreements between you and Licensor or Contributor. You must make
it clear that any such warranty, support, indemnity or liability obligation
is offered by You alone, and You hereby agree to indemnify the Licensor
and every Contributor for any liability plus attorney fees, costs, and
related expenses due to any such action or claim incurred by the Licensor
or such Contributor as a result of warranty, support, indemnity or
liability terms You offer.
6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by
virtue of being Derivative Works of another product or similar circumstance,
fall under the terms of another license, the terms of that license should be
honored however You must also make Your Extensions available under this
License. If the terms of this License continue to conflict with the terms of
the other license you may write the Licensor for permission to resolve the
conflict in a fashion that remains consistent with the intent of this
License. Such permission will be granted at the sole discretion of the
Licensor.
7.0 Versions of This License. Licensor may publish from time to time revised
versions of the License. Once Licensed Software has been published under a
particular version of the License, You may always continue to use it under
the terms of that version. You may also choose to use such Licensed
Software under the terms of any subsequent version of the License published
by Licensor. No one other than Licensor has the right to modify the terms
applicable to Licensed Software created under this License.
7.1 If You create or use a modified version of this License, which You may do
only in order to apply it to software that is not already Licensed Software
under this License, You must rename Your license so that it is not
confusingly similar to this License, and must make it clear that Your license
contains terms that differ from this License. In so naming Your license,
You may not use any trademark of Licensor or of any Contributor. Should Your
modifications to this License be limited to alteration of a) Section 13.8
solely to modify the legal Jurisdiction or Venue for disputes, b) EXHIBIT
A solely to define License Notice text, or c) to EXHIBIT B solely to define
a User-Visible Attribution Notice, You may continue to refer to Your License
as the Reciprocal Public License or simply the YRPL.
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 theparties 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
California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. You expressly
agree that any dispute relating to this License shall be submitted to binding
arbitration under the rules then prevailing of the American Arbitration
Association. You further agree that Adams County, Colorado USA is proper
venue and grant such arbitration proceeding jurisdiction as may be
appropriate for purposes of resolving any dispute under this License.
Judgement upon any award made in arbitration may be entered and enforced in
any court of competent jurisdiction. The arbitrator shall award attorney's
fees and costs of arbitration to the prevailing party. Should either party
find it necessary to enforce its arbitration award or seek specific
performance of such award in a civil court of competent jurisdiction, the
prevailing party shall be entitled to reasonable attorney's fees and costs.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You and Licensor expressly
waive any rights to a jury trial in any litigation concerning Licensed
Software or this License. Any law or regulation that provides that the
language of a contract shall be construed against the drafter shall not apply
to this License.
13.9 Entire Agreement. This License constitutes the entire agreement between
the parties with respect to the subject matter hereof.
EXHIBIT A
The License Notice below must appear in each file of the Source Code of any copy
You distribute of the Licensed Software or any Extensions thereto:
Unless explicitly acquired and licensed from Licensor under another
license, the contents of this file are subject to the Yombo Reciprocal Public
License ("YRPL") Version 1.6, or subsequent versions as allowed by the YRPL,
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 YRPL.
All software distributed under the YRPL 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 YRPL for specific
language governing rights and limitations under the YRPL.
Copies of the YRPL can be found at:
https://yombo.net/policies/EULA
EXHIBIT B
The User-Visible Attribution Notice below, must appear in each user-visible
display as defined in Section 6.4 (d):
Parts of this software use the Yombo Gateway software and is covered by the Yombo
Reciprocal Public License ("YRPL"). All software distributed under the YRPL 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 YRPL for specific
language governing rights and limitations under the YRPL.
YRPL can found at: https://yombo.net/policies/EULA