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The RIACA Public License (RPL)

Version 1.0

  
1. Definitions.

   1.0.1. "Commercial Use" means distribution or otherwise making the
   Covered Code available to a third party.

   1.1. "Contributor" means each entity that creates or contributes to
   the creation of Modifications.

   1.2. "Contributor Version" means the combination of the Original Code,
   prior Modifications used by a Contributor, and the Modifications made
   by that particular Contributor.

   1.3. "Covered Code" means the Original Code or Modifications or the
   combination of the Original Code and Modifications, in each case
   including portions thereof and corresponding documentation released
   with the source code.

   1.4. "Electronic Distribution Mechanism" means a mechanism generally
   accepted in the software development community for the electronic
   transfer of data.

   1.5. "Executable" means Covered Code in any form other than Source
   Code.

   1.6. "Initial Developer" means the individual or entity identified as
   the Initial Developer in the Source Code notice required by Exhibit A.

   1.7. "Larger Work" means a work which combines Covered Code or
   portions thereof with code not governed by the terms of this License.

   1.8. "License" means this document.

   1.8.1. "Licensable" means having the right to grant, to the maximum
   extent possible, whether at the time of the initial grant or
   subsequently acquired, any and all of the rights conveyed herein.

   1.9. "Modifications" means any addition to or deletion from the
   substance or structure of either the Original Code or any previous
   Modifications. When Covered Code is released as a series of files, a
   Modification is:

   A. Any addition to or deletion from the contents of a file containing
   Original Code or previous Modifications.

   B. Any new file that contains any part of the Original Code or
   previous Modifications.

   1.10. "Original Code" means Source Code of computer software code
   which is described in the Source Code notice required by Exhibit A as
   Original Code, and which, at the time of its release under this
   License is not already Covered Code governed by this License.

   1.10.1. "Patent Claims" means any patent claim(s), now owned or
   hereafter acquired, including without limitation, method, process, and
   apparatus claims, in any patent Licensable by grantor.

   1.11. "Source Code" means the preferred form of the Covered Code for
   making modifications to it, including all modules it contains, plus
   any associated documentation, interface definition files, scripts used
   to control compilation and installation of an Executable, or source
   code differential comparisons against either the Original Code or
   another well known, available Covered Code of the Contributor's
   choice. The Source Code can be in a compressed or archival form,
   provided the appropriate decompression or de-archiving software is
   widely available for no charge.

   1.12. "You" (or "Your") means an individual or a legal entity
   exercising rights under, and complying with all of the terms of, this
   License or a future version of this License issued under Section 6.1.
   For legal entities, "You" includes any entity which controls, is
   controlled by, or is under common control with You. For purposes of
   this definition, "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 more than fifty percent (50%) of the
   outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1 The Initial Developer Grant.

   The Initial Developer hereby grants You a world-wide, royalty-free,
   non-exclusive license, subject to third party intellectual property
   claims:

   (a)  under intellectual property rights (other than patent or
   trademark) Licensable by Initial Developer to use, reproduce, modify,
   display, perform, sublicense and distribute the Original Code (or
   portions thereof) with or without Modifications, and/or as part of a
   Larger Work; and

   (b) under Patent Claims infringed by the making, using or selling of
   Original Code, to make, have made, use, practice, sell, and offer for
   sale, and/or otherwise dispose of the Original Code (or portions
   thereof).

   (c) the licenses granted in this Section 2.1(a) and (b) are effective
   on the date Initial Developer first distributes Original Code under
   the terms of this License.

   (d) Notwithstanding Section 2.1(b) above, no patent license is
   granted: 1)for code that You delete from the Original Code; 2)
   separate from the  Original Code; or 3) for infringements caused by:
   i) the modification of the Original Code or ii) the combination of the
   Original Code with other software or devices.

2.2. Contributor Grant.

   Subject to third party intellectual property claims, each Contributor
   hereby grants You a world-wide, royalty-free, non-exclusive license

   (a) under intellectual property rights (other than patent or
   trademark) Licensable by Contributor, to use, reproduce,  modify,
   display, perform, sublicense and distribute the Modifications created
   by such Contributor (or portions thereof) either on an unmodified
   basis, with other Modifications, as Covered Code and/or as part of a
   Larger Work; and

   (b) under Patent Claims infringed by the making, using, or selling of
   Modifications made by that Contributor either alone and/or in
   combination with its Contributor Version (or portions of such
   combination), to make, use, sell, offer for sale, have made, and/or
   otherwise dispose of: 1) Modifications made by that Contributor (or
   portions thereof); and 2) the combination of Modifications made by
   that Contributor with its Contributor Version (or portions of such
   combination).

   (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
   on the date Contributor first makes Commercial Use of the Covered
   Code.

   (d)  notwithstanding Section 2.2(b) above, no patent license is
   granted: 1) for any code that Contributor has deleted from the
   Contributor Version; 2)  separate from the Contributor Version; 3) for
   infringements caused by: i) third party modifications of Contributor
   Version or ii) the combination of Modifications made by that
   Contributor with other software (except as part of the Contributor
   Version) or other devices; or 4) under Patent Claims infringed by
   Covered Code in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Application of License.

   The Modifications which You create or to which You contribute are
   governed by the terms of this License, including without limitation
   Section 2.2. The Source Code version of Covered Code may be
   distributed only under the terms of this License or a future version
   of this License released under Section 6.1, and You must include a
   copy of this License with every copy of the Source Code You
   distribute. You may not offer or impose any terms on any Source Code
   version that alters or restricts the applicable version of this
   License or the recipients' rights hereunder. However, You may include
   an additional document offering the additional rights described in
   Section 3.5.

3.2. Availability of Source Code.

   Any Modification which You create or to which You contribute must be
   made available in Source Code form under the terms of this License
   either on the same media as an Executable version or via an accepted
   Electronic Distribution Mechanism to anyone to whom you made an
   Executable version available; and if made available via Electronic
   Distribution Mechanism, must remain available for at least twelve (12)
   months after the date it initially became available, or at least six
   (6) months after a subsequent version of that particular Modification
   has been made available to such recipients. You are responsible for
   ensuring that the Source Code version remains available even if the
   Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications.

   You must cause all Covered Code to which You contribute to contain a
   file documenting the changes You made to create that Covered Code and
   the date of any change. You must include a prominent statement that
   the Modification is derived, directly or indirectly, from Original
   Code provided by the Initial Developer and including the name of the
   Initial Developer in (a) the Source Code, and (b) in any notice in an
   Executable version or related documentation in which You describe the
   origin or ownership of the Covered Code.

3.4. Intellectual Property Matters.

   (a) Third Party Claims.

   If Contributor has knowledge that a license under a third party's
   intellectual property rights is required to exercise the rights
   granted by such Contributor under Sections 2.1 or 2.2, Contributor
   must include a text file with the Source Code distribution titled
   "LEGAL'' which describes the claim and the party making the claim in
   sufficient detail that a recipient will know whom to contact. If
   Contributor obtains such knowledge after the Modification is made
   available as described in Section 3.2, Contributor shall promptly
   modify the LEGAL file in all copies Contributor makes available
   thereafter and shall take other steps (such as notifying appropriate
   mailing lists or newsgroups) reasonably calculated to inform those who
   received the Covered Code that new knowledge has been obtained.

   (b) Contributor APIs.

   If Contributor's Modifications include an application programming
   interface ("API") and Contributor has knowledge of patent licenses
   which are reasonably necessary to implement that API, Contributor must
   also include this information in the LEGAL file.

   (c) Representations.

   Contributor represents that, except as disclosed pursuant to Section
   3.4(a) above, Contributor believes that Contributor's Modifications
   are Contributor's original creation(s) and/or Contributor has
   sufficient rights to grant the rights conveyed by this License.

3.5. Required Notices.

   You must duplicate the notice in Exhibit A in each file of the Source
   Code. If it is not possible to put such 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) where a user would be likely
   to look for such a notice.  If You created one or more Modification(s)
   You may add your name as a Contributor to the notice described in
   Exhibit A. You must also duplicate this License in any documentation
   for the Source Code where You describe recipients' rights or ownership
   rights relating to Covered Code. You may choose to offer, and to
   charge a fee for, warranty, support, indemnity or liability
   obligations to one or more recipients of Covered Code. However, You
   may do so only on Your own behalf, and not on behalf of the Initial
   Developer or any Contributor. You must make it absolutely clear than
   any such warranty, support, indemnity or liability obligation is
   offered by You alone, and You hereby agree to indemnify the Initial
   Developer and every Contributor for any liability incurred by the
   Initial Developer or such Contributor as a result of warranty,
   support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.

   You may distribute Covered Code in Executable form only if the
   requirements of Section 3.1-3.5 have been met for that Covered Code,
   and if You include a notice stating that the Source Code version of
   the Covered Code is available under the terms of this License,
   including a description of how and where You have fulfilled the
   obligations of Section 3.2. The notice must be conspicuously included
   in any notice in an Executable version, related documentation or
   collateral in which You describe recipients' rights relating to the
   Covered Code. You may distribute the Executable version of Covered
   Code or ownership rights under a license of Your choice, which may
   contain terms different from this License, provided that You are in
   compliance with the terms of this License and that the license for the
   Executable version does not attempt to limit or alter the recipient's
   rights in the Source Code version from the rights set forth in this
   License. If You distribute the Executable version under a different
   license You must make it absolutely clear that any terms which differ
   from this License are offered by You alone, not by the Initial
   Developer or any Contributor. You hereby agree to indemnify the
   Initial Developer and every Contributor for any liability incurred by
   the Initial Developer or such Contributor as a result of any such
   terms You offer.

3.7. Larger Works.

   You may create a Larger Work by combining Covered Code with other code
   not governed by the terms of this License and distribute the Larger
   Work as a single product. In such a case, You must make sure the
   requirements of this License are fulfilled for the Covered Code.

4. 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 Covered Code due to
   statute, judicial order, or regulation then You must: (a) comply with
   the terms of this License to the maximum extent possible; and (b)
   describe the limitations and the code they affect. Such description
   must be included in the LEGAL file described in Section 3.4 and must
   be included with all distributions of the Source Code. Except to the
   extent prohibited by statute or regulation, such description must be
   sufficiently detailed for a recipient of ordinary skill to be able to
   understand it.

5. Application of this License.

   This License applies to code to which the Initial Developer has
   attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions.

   RIACA may publish revised and/or new versions
   of the License from time to time. Each version will be given a
   distinguishing version number.

6.2. Effect of New Versions.

   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 RIACA. No one
   other than RIACA has the right to modify the terms applicable to Covered
   Code created under this License.

6.3. Derivative Works.

   If You create or use a modified version of this License (which you may
   only do in order to apply it to code which is not already Covered Code
   governed by this License), You must: (a) rename Your license so that
   the phrases "RIACA," "RIACA Public License," or "RPL" or any confusingly
   similar phrase do not appear in your license (except to note that your
   license differs from this License) and (b) otherwise make it clear
   that Your version of the license contains terms which differ from the
   RIACA Public License. (Filling in the name of the Initial Developer,
   Original Code or Contributor in the notice described in Exhibit A
   shall not of themselves be deemed to be modifications of this
   License.)

7. DISCLAIMER OF WARRANTY.

   COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
   WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
   WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
   DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
   THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
   IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
   YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
   COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
   OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
   ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

   8.1. This License and the rights granted hereunder will terminate
   automatically if You fail to comply with terms herein and fail to cure
   such breach within 30 days of becoming aware of the breach. All
   sublicenses to the Covered Code which are properly granted shall
   survive any termination of this License. Provisions which, by their
   nature, must remain in effect beyond the termination of this License
   shall survive.

   8.2. If You initiate litigation by asserting a patent infringement
   claim (excluding declaratory judgment actions) against Initial Developer
   or a Contributor (the Initial Developer or Contributor against whom
   You file such action is referred to as "Participant")  alleging that:

   (a) such Participant's Contributor Version directly or indirectly
   infringes any patent, then any and all rights granted by such
   Participant to You under Sections 2.1 and/or 2.2 of this License
   shall, upon 60 days notice from Participant terminate prospectively,
   unless if within 60 days after receipt of notice You either: (i)
   agree in writing to pay Participant a mutually agreeable reasonable
   royalty for Your past and future use of Modifications made by such
   Participant, or (ii) withdraw Your litigation claim with respect to
   the Contributor Version against such Participant.  If within 60 days
   of notice, 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 Participant to You under
   Sections 2.1 and/or 2.2 automatically terminate at the expiration of
   the 60 day notice period specified above.

   (b) any software, hardware, or device, other than such Participant's
   Contributor Version, directly or indirectly infringes any patent, then
   any rights granted to You by such Participant under Sections 2.1(b)
   and 2.2(b) are revoked effective as of the date You first made, used,
   sold, distributed, or had made, Modifications made by that
   Participant.

   8.3. If You assert a patent infringement claim against Participant
   alleging that such Participant's Contributor Version 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 such Participant under Sections 2.1 or 2.2 shall be taken
   into account in determining the amount or value of any payment or
   license.

   8.4. In the event of termination under Sections 8.1 or 8.2 above,  all
   end user license agreements (excluding distributors and resellers)
   which have been validly granted by You or any distributor hereunder
   prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.

   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
   (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
   DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
   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. U.S. GOVERNMENT END USERS.

   The Covered Code 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 Covered Code with only those rights
   set forth herein.

11. MISCELLANEOUS.

   This License represents the complete agreement concerning
   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. This
   License shall be governed by Dutch law provisions (except to
   the extent applicable law, if any, provides otherwise),
   excluding its conflict-of-law provisions.  With respect to
   disputes in which at least one party is a citizen of, or an
   entity chartered or registered to do business in the
   Netherlands, any litigation relating to this License shall be
   subject to the jurisdiction of the Courts of the Netherlands,
   with the losing party responsible for costs, including without
   limitation, court costs and reasonable attorneys' fees and
   expenses. The application of the United Nations Convention on
   Contracts for the International Sale of Goods is expressly
   excluded.  Any law or regulation which provides that the
   language of a contract shall be construed against the drafter
   shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

   As between Initial Developer and the Contributors, each party is
   responsible for claims and damages arising, directly or indirectly,
   out of its utilization of rights under this License and You agree to
   work with Initial Developer and Contributors to distribute such
   responsibility on an equitable basis. Nothing herein is intended or
   shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE.

   Initial Developer may designate portions of the Covered Code as
   'Multiple-Licensed'. 'Multiple-Licensed' means that the Initial
   Developer permits you to utilize portions of the Covered Code under
   Your choice of the alternative licenses, if any, specified by the
   Initial Developer in the file described in Exhibit A.

Exhibit A -RIACA Public License Notice.

   The contents of this file are subject to the RIACA Public License
   Version 1.0 (the "License"); you may not use this file except in
   compliance with the License. A copy of the License is available at
   http://www.riaca.win.tue.nl/license/

   The Original Code is _________________. The Initial Developer of the
   Original Code is ___________. Portions created by ______ are Copyright
   (C)_________. All Rights Reserved.

   Contributor(s): ______________________________________.

   Alternatively, the contents of this file may be used under the terms
   of the _____ license (the  ?[___] License?), in which case the
   provisions of [______] License are applicable  instead of those above.
   If you wish to allow use of your version of this file only under the
   terms of the [____] License and not to allow others to use your
   version of this file under the RPL, indicate your decision by deleting
   the provisions above and replace  them with the notice and other
   provisions required by the [___] License. If you do not delete the
   provisions above, a recipient may use your version of this file under
   either the RPL or the [___] License."

   [NOTE: The text of this Exhibit A may differ slightly from the text of
   the notices in the Source Code files of the Original Code. You should
   use the text of this Exhibit A rather than the text found in the
   Original Code Source Code for Your Modifications.] 
 


 

Copyright (c) 2001-2003,
RIACA, Technische Universiteit Eindhoven (TU/e).
All Rights Reserved.