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1
2Ricoh Source Code Public License
3
4Version 1.0
5
6
71. Definitions.
8
9
101.1. "Contributor" means each entity that creates or contributes to
11the creation of Modifications.
12
13
141.2. "Contributor Version" means the combination of the Original
15Code, prior Modifications used by a Contributor, and the Modifications made by
16that particular Contributor.
17
18
191.3. "Electronic Distribution Mechanism" means a website or any other
20mechanism generally accepted in the software development community for the
21electronic transfer of data.
22
23
241.4. "Executable Code" means Governed Code in any form other than
25Source Code.
26
27
281.5. "Governed Code" means the Original Code or Modifications or the
29combination of the Original Code and Modifications, in each case including
30portions thereof.
31
32
331.6. "Larger Work" means a work which combines Governed Code or
34portions thereof with code not governed by the terms of this License.
35
36
371.7. "Licensable" means the right to grant, to the maximum extent
38possible, whether at the time of the initial grant or subsequently acquired,
39any and all of the rights conveyed herein.
40
41
421.8. "License" means this document.
43
44
451.9. "Modifications" means any addition to or deletion from the
46substance or structure of either the Original Code or any previous
47Modifications. When Governed Code is released as a series of files, a
48Modification is:
49
50
51(a) Any addition to or deletion from the contents of a file containing Original
52Code or previous Modifications.
53
54(b) Any new file that contains any part of the Original Code or previous
55Modifications.
56
57
58
591.10. "Original Code" means the "Platform for Information
60Applications" Source Code as released under this License by RSV.
61
62
631.11 "Patent Claims" means any patent claim(s), now owned or
64hereafter acquired, including without limitation, method, process, and
65apparatus claims, in any patent Licensable by the grantor of a license thereto.
66
671.12. "RSV" means Ricoh Silicon Valley, Inc., a California
68corporation with offices at 2882 Sand Hill Road, Suite 115, Menlo Park, CA
6994025-7022.
70
711.13. "Source Code" means the preferred form of the Governed Code for
72making modifications to it, including all modules it contains, plus any
73associated interface definition files, scripts used to control compilation and
74installation of Executable Code, or a list of source code differential
75comparisons against either the Original Code or another well known, available
76Governed Code of the Contributor's choice. The Source Code can be in a
77compressed or archival form, provided the appropriate decompression or de-
78archiving software is widely available for no charge.
79
80
811.14. "You" means an individual or a legal entity exercising rights
82under, and complying with all of the terms of, this License or a future version
83of this License issued under Section 6.1. For legal entities, "You"
84includes any entity which controls, is controlled by, or is under common
85control with You. For purposes of this definition, "control" means
86(a) the power, direct or indirect, to cause the direction or management of such
87entity, whether by contract or otherwise, or (b) ownership of fifty percent
88(50%) or more of the outstanding shares or beneficial ownership of such entity.
89
90
91
922. Source Code License.
93
942.1. Grant from RSV. RSV hereby grants You a worldwide, royalty-free, non-
95exclusive license, subject to third party intellectual property claims:
96
97
98(a) to use, reproduce, modify, create derivative works of, display, perform,
99sublicense and distribute the Original Code (or portions thereof) with or
100without Modifications, or as part of a Larger Work; and
101
102(b) under Patent Claims infringed by the making, using or selling of Original
103Code, to make, have made, use, practice, sell, and offer for sale, and/or
104otherwise dispose of the Original Code (or portions thereof).
105
106
107
1082.2. Contributor Grant. Each Contributor hereby grants You a worldwide,
109royalty-free, non-exclusive license, subject to third party intellectual
110property claims:
111
112
113(a) to use, reproduce, modify, create derivative works of, display, perform,
114sublicense and distribute the Modifications created by such Contributor (or
115portions thereof) either on an unmodified basis, with other Modifications, as
116Governed Code or as part of a Larger Work; and
117
118(b) under Patent Claims infringed by the making, using, or selling of
119Modifications made by that Contributor either alone and/or in combination with
120its Contributor Version (or portions of such combination), to make, use, sell,
121offer for sale, have made, and/or otherwise dispose of: (i) Modifications made
122by that Contributor (or portions thereof); and (ii) the combination of
123Modifications made by that Contributor with its Contributor Version (or
124portions of such combination).
125
126
127
1283. Distribution Obligations.
129
130
131
1323.1. Application of License. The Modifications which You create or to which You
133contribute are governed by the terms of this License, including without
134limitation Section 2.2. The Source Code version of Governed Code may be
135distributed only under the terms of this License or a future version of this
136License released under Section 6.1, and You must include a copy of this License
137with every copy of the Source Code You distribute. You may not offer or impose
138any terms on any Source Code version that alters or restricts the applicable
139version of this License or the recipients' rights hereunder. However, You may
140include an additional document offering the additional rights described in
141Section 3.5.
142
143
1443.2. Availability of Source Code. Any Modification which You create or to which
145You contribute must be made available in Source Code form under the terms of
146this License either on the same media as an Executable Code version or via an
147Electronic Distribution Mechanism to anyone to whom you made an Executable Code
148version available; and if made available via an Electronic Distribution
149Mechanism, must remain available for at least twelve (12) months after the date
150it initially became available, or at least six (6) months after a subsequent
151version of that particular Modification has been made available to such
152recipients. You are responsible for ensuring that the Source Code version
153remains available even if the Electronic Distribution Mechanism is maintained
154by a third party.
155
156
1573.3. Description of Modifications. You must cause all Governed Code to which
158you contribute to contain a file documenting the changes You made to create
159that Governed Code and the date of any change. You must include a prominent
160statement that the Modification is derived, directly or indirectly, from
161Original Code provided by RSV and including the name of RSV in (a) the Source
162Code, and (b) in any notice in an Executable Code version or related
163documentation in which You describe the origin or ownership of the Governed
164Code.
165
166
1673.4. Intellectual Property Matters.
168
1693.4.1. Third Party Claims. If You have knowledge that a party claims an
170intellectual property right in particular functionality or code (or its
171utilization under this License), you must include a text file with the source
172code distribution titled "LEGAL" which describes the claim and the
173party making the claim in sufficient detail that a recipient will know whom to
174contact. If you obtain such knowledge after You make Your Modification
175available as described in Section 3.2, You shall promptly modify the LEGAL file
176in all copies You make available thereafter and shall take other steps (such as
177notifying RSV and appropriate mailing lists or newsgroups) reasonably
178calculated to inform those who received the Governed Code that new knowledge
179has been obtained. In the event that You are a Contributor, You represent that,
180except as disclosed in the LEGAL file, your Modifications are your original
181creations and, to the best of your knowledge, no third party has any claim
182(including but not limited to intellectual property claims) relating to your
183Modifications. You represent that the LEGAL file includes complete details of
184any license or other restriction associated with any part of your
185Modifications.
186
1873.4.2. Contributor APIs. If Your Modification is an application programming
188interface and You own or control patents which are reasonably necessary to
189implement that API, you must also include this information in the LEGAL file.
190
191
1923.5. Required Notices. You must duplicate the notice in Exhibit A in each file
193of the Source Code, and this License in any documentation for the Source Code,
194where You describe recipients' rights relating to Governed Code. If You created
195one or more Modification(s), You may add your name as a Contributor to the
196notice described in Exhibit A. If it is not possible to put such notice in a
197particular Source Code file due to its structure, then you must include such
198notice in a location (such as a relevant directory file) where a user would be
199likely to look for such a notice. You may choose to offer, and to charge a fee
200for, warranty, support, indemnity or liability obligations to one or more
201recipients of Governed Code. However, You may do so only on Your own behalf,
202and not on behalf of RSV or any Contributor. You must make it absolutely clear
203than any such warranty, support, indemnity or liability obligation is offered
204by You alone, and You hereby agree to indemnify RSV and every Contributor for
205any liability incurred by RSV or such Contributor as a result of warranty,
206support, indemnity or liability terms You offer.
207
208
2093.6. Distribution of Executable Code Versions. You may distribute Governed Code
210in Executable Code form only if the requirements of Section 3.1-3.5 have been
211met for that Governed Code, and if You include a prominent notice stating that
212the Source Code version of the Governed Code is available under the terms of
213this License, including a description of how and where You have fulfilled the
214obligations of Section 3.2. The notice must be conspicuously included in any
215notice in an Executable Code version, related documentation or collateral in
216which You describe recipients' rights relating to the Governed Code. You may
217distribute the Executable Code version of Governed Code under a license of Your
218choice, which may contain terms different from this License, provided that You
219are in compliance with the terms of this License and that the license for the
220Executable Code version does not attempt to limit or alter the recipient's
221rights in the Source Code version from the rights set forth in this License. If
222You distribute the Executable Code version under a different license You must
223make it absolutely clear that any terms which differ from this License are
224offered by You alone, not by RSV or any Contributor. You hereby agree to
225indemnify RSV and every Contributor for any liability incurred by RSV or such
226Contributor as a result of any such terms You offer.
227
228
2293.7. Larger Works. You may create a Larger Work by combining Governed Code with
230other code not governed by the terms of this License and distribute the Larger
231Work as a single product. In such a case, You must make sure the requirements
232of this License are fulfilled for the Governed Code.
233
234
2354. Inability to Comply Due to Statute or Regulation.
236
237If it is impossible for You to comply with any of theterms of this License with
238respect to some or all of the Governed Code due to statute or regulation then
239You must: (a) comply with the terms of this License to the maximum extent
240possible; and (b) describe the limitations and the code they affect. Such
241description must be included in the LEGAL file described in Section 3.4 and
242must be included with all distributions of the Source Code. Except to the
243extent prohibited by statute or regulation, such description must be
244sufficiently detailed for a recipient of ordinary skill to be able to
245understand it.
246
247
2485. Trademark Usage.
249
250
251
2525.1. Advertising Materials. All advertising materials mentioning features or
253use of the Governed Code must display the following acknowledgement: "This
254product includes software developed by Ricoh Silicon Valley, Inc."
255
256
2575.2. Endorsements. The names "Ricoh," "Ricoh Silicon
258Valley," and "RSV" must not be used to endorse or promote
259Contributor Versions or Larger Works without the prior written permission of
260RSV.
261
262
2635.3. Product Names. Contributor Versions and Larger Works may not be called
264"Ricoh" nor may the word "Ricoh" appear in their names
265without the prior written permission of RSV.
266
267
2686. Versions of the License.
269
270
271
2726.1. New Versions. RSV may publish revised and/or new versions of the License
273from time to time. Each version will be given a distinguishing version number.
274
275
2766.2. Effect of New Versions. Once Governed Code has been published under a
277particular version of the License, You may always continue to use it under the
278terms of that version. You may also choose to use such Governed Code under the
279terms of any subsequent version of the License published by RSV. No one other
280than RSV has the right to modify the terms applicable to Governed Code created
281under this License.
282
283
2847. Disclaimer of Warranty.
285
286GOVERNED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
287WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
288LIMITATION, WARRANTIES THAT THE GOVERNED CODE IS FREE OF DEFECTS, MERCHANTABLE,
289FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
290QUALITY AND PERFORMANCE OF THE GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED
291CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RSV OR ANY OTHER CONTRIBUTOR)
292ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
293DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
294ANY GOVERNED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
295
296
2978. Termination.
298
299
300
3018.1. This License and the rights granted hereunder will terminate automatically
302if You fail to comply with terms herein and fail to cure such breach within 30
303days of becoming aware of the breach. All sublicenses to the Governed Code
304which are properly granted shall survive any termination of this License.
305Provisions which, by their nature, must remain in effect beyond the termination
306of this License shall survive.
307
308
3098.2. If You initiate patent infringement litigation against RSV or a
310Contributor (RSV or the Contributor against whom You file such action is
311referred to as "Participant") alleging that:
312
313
314(a) such Participant's Original Code or Contributor Version directly or
315indirectly infringes any patent, then any and all rights granted by such
316Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60
317days notice from Participant terminate prospectively, unless if within 60 days
318after receipt of notice You either: (i) agree in writing to pay Participant a
319mutually agreeable reasonable royalty for Your past and future use of the
320Original Code or the Modifications made by such Participant, or (ii) withdraw
321Your litigation claim with respect to the Original Code or the Contributor
322Version against such Participant. If within 60 days of notice, a reasonable
323royalty and payment arrangement are not mutually agreed upon in writing by the
324parties or the litigation claim is not withdrawn, the rights granted by
325Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the
326expiration of the 60 day notice period specified above.
327
328(b) any software, hardware, or device provided to You by the Participant, other
329than such Participant's Original Code or Contributor Version, directly or
330indirectly infringes any patent, then any rights granted to You by such
331Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the
332date You first made, used, sold, distributed, or had made, Original Code or the
333Modifications made by that Participant.
334
335
336
3378.3. If You assert a patent infringement claim against Participant alleging
338that such Participant's Original Code or Contributor Version directly or
339indirectly infringes any patent where such claim is resolved (such as by
340license or settlement) prior to the initiation of patent infringement
341litigation, then the reasonable value of the licenses granted by such
342Participant under Sections 2.1 or 2.2 shall be taken into account in
343determining the amount or value of any payment or license.
344
345
3468.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
347license agreements (excluding distributors and resellers) which have been
348validly granted by You or any distributor hereunder prior to termination shall
349survive termination.
350
351
3529. Limitation of Liability.
353
354UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
355NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL RSV, ANY CONTRIBUTOR, OR ANY
356DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
357TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
358CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
359FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
360AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
361INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
362NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
363NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
364JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
365CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
366TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT
367IN NO EVENT WILL RSVS LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED FIVE
368THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR USE IN
369CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL APPLICATION OR
370ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL
371INJURY, CATASTROPHIC DAMAGE OR MASS DESTRUCTION, AND YOU AGREE THAT NEITHER RSV
372NOR ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY
373SUCH USE OF THE GOVERNED CODE.
374
375
37610. U.S. Government End Users.
377
378The Governed Code is a "commercial item," as that term is defined in
37948 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
380software" and "commercial computer software documentation," as
381such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
38212.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
383Government End Users acquire Governed Code with only those rights set forth
384herein.
385
386
38711. Miscellaneous.
388
389This License represents the complete agreement concerning subject matter
390hereof. If any provision of this License is held to be unenforceable, such
391provision shall be reformed only to the extent necessary to make it
392enforceable. This License shall be governed by California law provisions
393(except to the extent applicable law, if any, provides otherwise), excluding
394its conflict-of-law provisions. The parties submit to personal jurisdiction in
395California and further agree that any cause of action arising under or related
396to this Agreement shall be brought in the Federal Courts of the Northern
397District of California, with venue lying in Santa Clara County, California. The
398losing party shall be responsible for costs, including without limitation,
399court costs and reasonable attorneys fees and expenses. Notwithstanding
400anything to the contrary herein, RSV may seek injunctive relief related to a
401breach of this Agreement in any court of competent jurisdiction. The
402application of the United Nations Convention on Contracts for the International
403Sale of Goods is expressly excluded. Any law or regulation which provides that
404the language of a contract shall be construed against the drafter shall not
405apply to this License.
406
407
40812. Responsibility for Claims.
409
410Except in cases where another Contributor has failed to comply with Section
4113.4, You are responsible for damages arising, directly or indirectly, out of
412Your utilization of rights under this License, based on the number of copies of
413Governed Code you made available, the revenues you received from utilizing such
414rights, and other relevant factors. You agree to work with affected parties to
415distribute responsibility on an equitable basis.
416
417
418
419
420
421EXHIBIT A
422
423"The contents of this file are subject to the Ricoh Source Code Public
424License Version 1.0 (the "License"); you may not use this file except
425in compliance with the License. You may obtain a copy of the License at http://
426www.risource.org/RPL
427
428Software distributed under the License is distributed on an "AS IS"
429basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
430for the specific language governing rights and limitations under the License.
431
432This code was initially developed by Ricoh Silicon Valley, Inc. Portions
433created by Ricoh Silicon Valley, Inc. are Copyright (C) 1995-1999. All Rights
434Reserved.
435
436Contributor(s): ______________________________________."
437
438
439
440
441
442