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- Ricoh Source Code Public License
-
- Version 1.0
-
- 1. Definitions.
-
- 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. "Electronic Distribution Mechanism" means a website or any other mechanism
- generally accepted in the software development community for the electronic
- transfer of data.
-
- 1.4. "Executable Code" means Governed Code in any form other than Source Code.
-
- 1.5. "Governed Code" means the Original Code or Modifications or the combination
- of the Original Code and Modifications, in each case including portions thereof.
-
- 1.6. "Larger Work" means a work which combines Governed Code or portions thereof
- with code not governed by the terms of this License.
-
- 1.7. "Licensable" means 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.
-
- 1.8. "License" means this document.
-
- 1.9. "Modifications" means any addition to or deletion from the substance
- or structure of either the Original Code or any previous Modifications. When
- Governed 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 the "Platform for Information Applications" Source
- Code as released under this License by RSV.
-
- 1.11 "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 the grantor of a license thereto.
-
- 1.12. "RSV" means Ricoh Silicon Valley, Inc., a California corporation with
- offices at 2882 Sand Hill Road, Suite 115, Menlo Park, CA 94025-7022.
-
- 1.13. "Source Code" means the preferred form of the Governed Code for making
- modifications to it, including all modules it contains, plus any associated
- interface definition files, scripts used to control compilation and installation
- of Executable Code, or a list of source code differential comparisons against
- either the Original Code or another well known, available Governed 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.
-
- 1.14. "You" 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 fifty percent (50%) or more
- of the outstanding shares or beneficial ownership of such entity.
-
- 2. Source Code License.
-
- 2.1. Grant from RSV. RSV hereby grants You a worldwide, royalty-free, non-exclusive
- license, subject to third party intellectual property claims:
-
- (a) to use, reproduce, modify, create derivative works of, display, perform,
- sublicense and distribute the Original Code (or portions thereof) with or
- without Modifications, 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).
-
- 2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free,
- non-exclusive license, subject to third party intellectual property claims:
-
- (a) to use, reproduce, modify, create derivative works of, display, perform,
- sublicense and distribute the Modifications created by such Contributor (or
- portions thereof) either on an unmodified basis, with other Modifications,
- as Governed Code 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: (i) Modifications made by that Contributor
- (or portions thereof); and (ii) the combination of Modifications made by that
- Contributor with its Contributor Version (or portions of such combination).
-
- 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 Governed 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 Code version
- or via an Electronic Distribution Mechanism to anyone to whom you made an
- Executable Code version available; and if made available via an 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 Governed Code to which
- you contribute to contain a file documenting the changes You made to create
- that Governed 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 RSV and including the name of RSV in (a) the Source Code,
- and (b) in any notice in an Executable Code version or related documentation
- in which You describe the origin or ownership of the Governed Code.
-
- 3.4. Intellectual Property Matters.
-
- 3.4.1. Third Party Claims. If You have knowledge that a party claims an intellectual
- property right in particular functionality or code (or its utilization under
- this License), you 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 you obtain
- such knowledge after You make Your Modification available as described in
- Section 3.2, You shall promptly modify the LEGAL file in all copies You make
- available thereafter and shall take other steps (such as notifying RSV and
- appropriate mailing lists or newsgroups) reasonably calculated to inform those
- who received the Governed Code that new knowledge has been obtained. In the
- event that You are a Contributor, You represent that, except as disclosed
- in the LEGAL file, your Modifications are your original creations and, to
- the best of your knowledge, no third party has any claim (including but not
- limited to intellectual property claims) relating to your Modifications. You
- represent that the LEGAL file includes complete details of any license or
- other restriction associated with any part of your Modifications.
-
- 3.4.2. Contributor APIs. If Your Modification is an application programming
- interface and You own or control patents which are reasonably necessary to
- implement that API, you must also include this information in the LEGAL file.
-
- 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
- file of the Source Code, and this License in any documentation for the Source
- Code, where You describe recipients' rights relating to Governed Code. If
- You created one or more Modification(s), You may add your name as a Contributor
- to the notice described in Exhibit A. 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 file) where a user
- would be likely to look for such a notice. You may choose to offer, and to
- charge a fee for, warranty, support, indemnity or liability obligations to
- one or more recipients of Governed Code. However, You may do so only on Your
- own behalf, and not on behalf of RSV 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 RSV and every Contributor
- for any liability incurred by RSV or such Contributor as a result of warranty,
- support, indemnity or liability terms You offer.
-
- 3.6. Distribution of Executable Code Versions. You may distribute Governed
- Code in Executable Code form only if the requirements of Section 3.1-3.5 have
- been met for that Governed Code, and if You include a prominent notice stating
- that the Source Code version of the Governed 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 Code version, related documentation or collateral
- in which You describe recipients' rights relating to the Governed Code. You
- may distribute the Executable Code version of Governed Code 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 Code 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 Code 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 RSV or any Contributor. You hereby agree
- to indemnify RSV and every Contributor for any liability incurred by RSV or
- such Contributor as a result of any such terms You offer.
-
- 3.7. Larger Works. You may create a Larger Work by combining Governed 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 Governed Code.
-
- 4. Inability to Comply Due to Statute or Regulation.
-
- If it is impossible for You to comply with any of theterms of this License
- with respect to some or all of the Governed Code due to statute 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. Trademark Usage.
-
- 5.1. Advertising Materials. All advertising materials mentioning features
- or use of the Governed Code must display the following acknowledgement: "This
- product includes software developed by Ricoh Silicon Valley, Inc."
-
- 5.2. Endorsements. The names "Ricoh," "Ricoh Silicon Valley," and "RSV" must
- not be used to endorse or promote Contributor Versions or Larger Works without
- the prior written permission of RSV.
-
- 5.3. Product Names. Contributor Versions and Larger Works may not be called
- "Ricoh" nor may the word "Ricoh" appear in their names without the prior written
- permission of RSV.
-
- 6. Versions of the License.
-
- 6.1. New Versions. RSV 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 Governed 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 Governed Code under
- the terms of any subsequent version of the License published by RSV. No one
- other than RSV has the right to modify the terms applicable to Governed Code
- created under this License.
-
- 7. Disclaimer of Warranty.
-
- GOVERNED 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 GOVERNED 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 GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED CODE
- PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RSV 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 GOVERNED
- 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 Governed 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 patent infringement litigation against RSV or a Contributor
- (RSV or the Contributor against whom You file such action is referred to as
- "Participant") alleging that:
-
- (a) such Participant's Original Code or 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 the Original Code or the
- Modifications made by such Participant, or (ii) withdraw Your litigation claim
- with respect to the Original Code or 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 provided to You by the Participant,
- other than such Participant's Original Code or 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, Original Code or
- the Modifications made by that Participant.
-
- 8.3. If You assert a patent infringement claim against Participant alleging
- that such Participant's Original Code or 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 RSV, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR
- OF GOVERNED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU
- OR ANY OTHER PERSON FOR ANY DIRECT, 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT
- ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO EVENT WILL
- RSV ' S LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED FIVE THOUSAND
- DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR USE IN CONNECTION
- WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL APPLICATION OR ANY OTHER
- INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY,
- CATASTROPHIC DAMAGE OR MASS DESTRUCTION, AND YOU AGREE THAT NEITHER RSV NOR
- ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY
- SUCH USE OF THE GOVERNED CODE.
-
- 10. U.S. Government End Users.
-
- The Governed 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 Governed 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 California law provisions (except to the extent
- applicable law, if any, provides otherwise), excluding its conflict-of-law
- provisions. The parties submit to personal jurisdiction in California and
- further agree that any cause of action arising under or related to this Agreement
- shall be brought in the Federal Courts of the Northern District of California,
- with venue lying in Santa Clara County, California. The losing party shall
- be responsible for costs, including without limitation, court costs and reasonable
- attorney ' s fees and expenses. Notwithstanding anything to the contrary herein,
- RSV may seek injunctive relief related to a breach of this Agreement in any
- court of competent jurisdiction. 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.
-
- Except in cases where another Contributor has failed to comply with Section
- 3.4, You are responsible for damages arising, directly or indirectly, out
- of Your utilization of rights under this License, based on the number of copies
- of Governed Code you made available, the revenues you received from utilizing
- such rights, and other relevant factors. You agree to work with affected parties
- to distribute responsibility on an equitable basis. EXHIBIT A
-
- "The contents of this file are subject to the Ricoh Source Code Public License
- Version 1.0 (the "License"); you may not use this file except in compliance
- with the License. You may obtain a copy of the License at http://www.risource.org/RPL
-
- Software distributed under the License is distributed on an "AS IS" basis,
- WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
- the specific language governing rights and limitations under the License.
-
- This code was initially developed by Ricoh Silicon Valley, Inc. Portions created
- by Ricoh Silicon Valley, Inc. are Copyright (C) 1995-1999. All Rights Reserved.
-
- Contributor(s): ______________________________________."
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