Classic

RCL License

Reciprocal Community License 1.00 (RCL1.00)
Version 1.00, June 24, 2009
Copyright (C) 2008,2009 OPC Foundation, Inc., All Rights Reserved.

PREAMBLE

The Reciprocal Community License (RCL) is based on the concept of reciprocity or, if you prefer, fairness.

The RCL is adapted from the Open Source Reciprocal Public License (RPL) where the “Public” in the Open Source RPL license is replaced by the “Community” in the RCL License. In short, the RPL 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 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 RCL is found in two definitions: “Deploy” and “Required Components”.

Regarding deployment, under the RCL your changes, bug fixes, extensions, etc. must be made available to the community 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 RCL all derivative work components you author including schemas, scripts, source code, documentation, etc. — must be shared. You have to share the whole pie, not an isolated slice of it. The authored components you must share are confined to the original module licensed (e.g. SDK, stack, wrapper, proxy, utility, etc.). You do not need to share any additional authored components that you create that utilize the licensed component. This license is meant to be friendly to commercial software vendors that must protect the IP in their code. You are not expected to share your proprietary source code that makes use of the module(s) licensed under this agreement.

The specific terms and conditions of the license are defined in the remainder of this document.

1 LICENSE TERMS
1.1 General; Applicability & Definitions. This Reciprocal Community License Version 1.00 (“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:
1.2 “Contributor” means any person or entity who created or contributed to the creation of an Extension.
1.3 “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.
1.4 “Derivative Works” as used in this License is defined under U.S. copyright law.
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 Community 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 containing Licensed Software, or (ii) any new file that contains any part of Licensed Software.
1.11 “Original Licensor” means the Licensor that is the copyright holder of the original work. For this license the Original Licensor is always the OPC Foundation.
1.12 “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.
1.13 “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. Required Components by this definition are the supporting works that are necessary to utilize your Modifications and Derivative Works. This does not include your applications and supporting works that utilize the Licensed Software.
1.14 “Research” means investigation or experimentation for the purpose of understanding the nature and limits of the Licensed Software and its potential uses.
1.15 “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.
1.16 “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.
1.17 “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.
1.18 “User-Visible Attribution Notice” means any notice contained in EXHIBIT B.
1.19 “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, and perform Licensed Software and Your Extensions in both Source Code form or as an executable program. You may also sublicense and distribute Licensed Software and Your Extensions as an executable program. OPC Foundation Corporate Members may also sublicense and distribute Licensed Software and Your Extensions in Source Code form.

3.2 Create Derivative Works (as that term is defined under U.S. copyright law) of 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 and perform 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. You may also sublicense and distribute Extensions Deployed by such Contributor or portions thereof, as an executable program. OPC Foundation Corporate Members may also sublicense and distribute Extensions Deployed by such Contributor or portions thereof,in Source Code form.

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

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

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

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

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, by uploading the Source Code directly to the website of the Original Licensor. The Source Code for any version that You Deploy must be made available within one (1) month of when you Deploy. You may not charge a fee for any copy of the Source Code distributed under this Section. At the sole discretion of the Original Licensor, some or all of Your contributed Source Code may be included in a future baseline version released by the Original Licensor.

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. 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 Community License or simply the RCL.

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 OREXPRESSED,THAT ANY CONTRIBUTOR’S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY ANDPERFORMANCE 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, COMPUTERFAILURE 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 EXTENTAPPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THISEXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10.0 Restricted Rights Legend. This Specification is provided with Restricted Rights. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(i) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor / manufacturer are the OPC Foundation,. 16101 N. 82nd Street, Suite 3B, Scottsdale, AZ, 85260-1830 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 136 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 Minnesota 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 Minnesota USA is proper venue and grant such arbitration proceeding jurisdiction as may be appropriate for purposes of resolving any dispute under this License. Judgment upon any award made in arbitration may be entered and enforced in any court of competent jurisdiction. The arbitrator shall award attorney’s fees and costs of arbitration to the prevailing party. Should either party find it necessary to enforce its arbitration award or seek specific performance of such award in a civil court of competent jurisdiction, the prevailing party shall be entitled to reasonable attorney’s fees and costs. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Software or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.

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

EXHIBIT A

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

Unless explicitly acquired and licensed from Licensor under another license, the contents of this file are subject to the Reciprocal Community License (“RCL”) Version 0.9, or subsequent versions as allowed by the RCL, 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 RCL.

All software distributed under the RCL 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 RCL for specific language governing rights and limitations under the RCL.

EXHIBIT B

The User-Visible Attribution Notice below, when provided, must appear in each user-visible display as defined in Section 6.4 (c): “Portions copyright © by OPC Foundation, Inc. and licensed under the Reciprocal Community License (RCL)

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