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1 | |||
2 | Ricoh Source Code Public License | ||
3 | |||
4 | Version 1.0 | ||
5 | |||
6 | |||
7 | 1. Definitions. | ||
8 | |||
9 | |||
10 | 1.1. "Contributor" means each entity that creates or contributes to | ||
11 | the creation of Modifications. | ||
12 | |||
13 | |||
14 | 1.2. "Contributor Version" means the combination of the Original | ||
15 | Code, prior Modifications used by a Contributor, and the Modifications made by | ||
16 | that particular Contributor. | ||
17 | |||
18 | |||
19 | 1.3. "Electronic Distribution Mechanism" means a website or any other | ||
20 | mechanism generally accepted in the software development community for the | ||
21 | electronic transfer of data. | ||
22 | |||
23 | |||
24 | 1.4. "Executable Code" means Governed Code in any form other than | ||
25 | Source Code. | ||
26 | |||
27 | |||
28 | 1.5. "Governed Code" means the Original Code or Modifications or the | ||
29 | combination of the Original Code and Modifications, in each case including | ||
30 | portions thereof. | ||
31 | |||
32 | |||
33 | 1.6. "Larger Work" means a work which combines Governed Code or | ||
34 | portions thereof with code not governed by the terms of this License. | ||
35 | |||
36 | |||
37 | 1.7. "Licensable" means the right to grant, to the maximum extent | ||
38 | possible, whether at the time of the initial grant or subsequently acquired, | ||
39 | any and all of the rights conveyed herein. | ||
40 | |||
41 | |||
42 | 1.8. "License" means this document. | ||
43 | |||
44 | |||
45 | 1.9. "Modifications" means any addition to or deletion from the | ||
46 | substance or structure of either the Original Code or any previous | ||
47 | Modifications. When Governed Code is released as a series of files, a | ||
48 | Modification is: | ||
49 | |||
50 | |||
51 | (a) Any addition to or deletion from the contents of a file containing Original | ||
52 | Code or previous Modifications. | ||
53 | |||
54 | (b) Any new file that contains any part of the Original Code or previous | ||
55 | Modifications. | ||
56 | |||
57 | |||
58 | |||
59 | 1.10. "Original Code" means the "Platform for Information | ||
60 | Applications" Source Code as released under this License by RSV. | ||
61 | |||
62 | |||
63 | 1.11 "Patent Claims" means any patent claim(s), now owned or | ||
64 | hereafter acquired, including without limitation, method, process, and | ||
65 | apparatus claims, in any patent Licensable by the grantor of a license thereto. | ||
66 | |||
67 | 1.12. "RSV" means Ricoh Silicon Valley, Inc., a California | ||
68 | corporation with offices at 2882 Sand Hill Road, Suite 115, Menlo Park, CA | ||
69 | 94025-7022. | ||
70 | |||
71 | 1.13. "Source Code" means the preferred form of the Governed Code for | ||
72 | making modifications to it, including all modules it contains, plus any | ||
73 | associated interface definition files, scripts used to control compilation and | ||
74 | installation of Executable Code, or a list of source code differential | ||
75 | comparisons against either the Original Code or another well known, available | ||
76 | Governed Code of the Contributor's choice. The Source Code can be in a | ||
77 | compressed or archival form, provided the appropriate decompression or de- | ||
78 | archiving software is widely available for no charge. | ||
79 | |||
80 | |||
81 | 1.14. "You" means an individual or a legal entity exercising rights | ||
82 | under, and complying with all of the terms of, this License or a future version | ||
83 | of this License issued under Section 6.1. For legal entities, "You" | ||
84 | includes any entity which controls, is controlled by, or is under common | ||
85 | control with You. For purposes of this definition, "control" means | ||
86 | (a) the power, direct or indirect, to cause the direction or management of such | ||
87 | entity, 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 | |||
92 | 2. Source Code License. | ||
93 | |||
94 | 2.1. Grant from RSV. RSV hereby grants You a worldwide, royalty-free, non- | ||
95 | exclusive license, subject to third party intellectual property claims: | ||
96 | |||
97 | |||
98 | (a) to use, reproduce, modify, create derivative works of, display, perform, | ||
99 | sublicense and distribute the Original Code (or portions thereof) with or | ||
100 | without Modifications, or as part of a Larger Work; and | ||
101 | |||
102 | (b) under Patent Claims infringed by the making, using or selling of Original | ||
103 | Code, to make, have made, use, practice, sell, and offer for sale, and/or | ||
104 | otherwise dispose of the Original Code (or portions thereof). | ||
105 | |||
106 | |||
107 | |||
108 | 2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, | ||
109 | royalty-free, non-exclusive license, subject to third party intellectual | ||
110 | property claims: | ||
111 | |||
112 | |||
113 | (a) to use, reproduce, modify, create derivative works of, display, perform, | ||
114 | sublicense and distribute the Modifications created by such Contributor (or | ||
115 | portions thereof) either on an unmodified basis, with other Modifications, as | ||
116 | Governed Code or as part of a Larger Work; and | ||
117 | |||
118 | (b) under Patent Claims infringed by the making, using, or selling of | ||
119 | Modifications made by that Contributor either alone and/or in combination with | ||
120 | its Contributor Version (or portions of such combination), to make, use, sell, | ||
121 | offer for sale, have made, and/or otherwise dispose of: (i) Modifications made | ||
122 | by that Contributor (or portions thereof); and (ii) the combination of | ||
123 | Modifications made by that Contributor with its Contributor Version (or | ||
124 | portions of such combination). | ||
125 | |||
126 | |||
127 | |||
128 | 3. Distribution Obligations. | ||
129 | |||
130 | |||
131 | |||
132 | 3.1. Application of License. The Modifications which You create or to which You | ||
133 | contribute are governed by the terms of this License, including without | ||
134 | limitation Section 2.2. The Source Code version of Governed Code may be | ||
135 | distributed only under the terms of this License or a future version of this | ||
136 | License released under Section 6.1, and You must include a copy of this License | ||
137 | with every copy of the Source Code You distribute. You may not offer or impose | ||
138 | any terms on any Source Code version that alters or restricts the applicable | ||
139 | version of this License or the recipients' rights hereunder. However, You may | ||
140 | include an additional document offering the additional rights described in | ||
141 | Section 3.5. | ||
142 | |||
143 | |||
144 | 3.2. Availability of Source Code. Any Modification which You create or to which | ||
145 | You contribute must be made available in Source Code form under the terms of | ||
146 | this License either on the same media as an Executable Code version or via an | ||
147 | Electronic Distribution Mechanism to anyone to whom you made an Executable Code | ||
148 | version available; and if made available via an Electronic Distribution | ||
149 | Mechanism, must remain available for at least twelve (12) months after the date | ||
150 | it initially became available, or at least six (6) months after a subsequent | ||
151 | version of that particular Modification has been made available to such | ||
152 | recipients. You are responsible for ensuring that the Source Code version | ||
153 | remains available even if the Electronic Distribution Mechanism is maintained | ||
154 | by a third party. | ||
155 | |||
156 | |||
157 | 3.3. Description of Modifications. You must cause all Governed Code to which | ||
158 | you contribute to contain a file documenting the changes You made to create | ||
159 | that Governed Code and the date of any change. You must include a prominent | ||
160 | statement that the Modification is derived, directly or indirectly, from | ||
161 | Original Code provided by RSV and including the name of RSV in (a) the Source | ||
162 | Code, and (b) in any notice in an Executable Code version or related | ||
163 | documentation in which You describe the origin or ownership of the Governed | ||
164 | Code. | ||
165 | |||
166 | |||
167 | 3.4. Intellectual Property Matters. | ||
168 | |||
169 | 3.4.1. Third Party Claims. If You have knowledge that a party claims an | ||
170 | intellectual property right in particular functionality or code (or its | ||
171 | utilization under this License), you must include a text file with the source | ||
172 | code distribution titled "LEGAL" which describes the claim and the | ||
173 | party making the claim in sufficient detail that a recipient will know whom to | ||
174 | contact. If you obtain such knowledge after You make Your Modification | ||
175 | available as described in Section 3.2, You shall promptly modify the LEGAL file | ||
176 | in all copies You make available thereafter and shall take other steps (such as | ||
177 | notifying RSV and appropriate mailing lists or newsgroups) reasonably | ||
178 | calculated to inform those who received the Governed Code that new knowledge | ||
179 | has been obtained. In the event that You are a Contributor, You represent that, | ||
180 | except as disclosed in the LEGAL file, your Modifications are your original | ||
181 | creations 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 | ||
183 | Modifications. You represent that the LEGAL file includes complete details of | ||
184 | any license or other restriction associated with any part of your | ||
185 | Modifications. | ||
186 | |||
187 | 3.4.2. Contributor APIs. If Your Modification is an application programming | ||
188 | interface and You own or control patents which are reasonably necessary to | ||
189 | implement that API, you must also include this information in the LEGAL file. | ||
190 | |||
191 | |||
192 | 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file | ||
193 | of the Source Code, and this License in any documentation for the Source Code, | ||
194 | where You describe recipients' rights relating to Governed Code. If You created | ||
195 | one or more Modification(s), You may add your name as a Contributor to the | ||
196 | notice described in Exhibit A. If it is not possible to put such notice in a | ||
197 | particular Source Code file due to its structure, then you must include such | ||
198 | notice in a location (such as a relevant directory file) where a user would be | ||
199 | likely to look for such a notice. You may choose to offer, and to charge a fee | ||
200 | for, warranty, support, indemnity or liability obligations to one or more | ||
201 | recipients of Governed Code. However, You may do so only on Your own behalf, | ||
202 | and not on behalf of RSV or any Contributor. You must make it absolutely clear | ||
203 | than any such warranty, support, indemnity or liability obligation is offered | ||
204 | by You alone, and You hereby agree to indemnify RSV and every Contributor for | ||
205 | any liability incurred by RSV or such Contributor as a result of warranty, | ||
206 | support, indemnity or liability terms You offer. | ||
207 | |||
208 | |||
209 | 3.6. Distribution of Executable Code Versions. You may distribute Governed Code | ||
210 | in Executable Code form only if the requirements of Section 3.1-3.5 have been | ||
211 | met for that Governed Code, and if You include a prominent notice stating that | ||
212 | the Source Code version of the Governed Code is available under the terms of | ||
213 | this License, including a description of how and where You have fulfilled the | ||
214 | obligations of Section 3.2. The notice must be conspicuously included in any | ||
215 | notice in an Executable Code version, related documentation or collateral in | ||
216 | which You describe recipients' rights relating to the Governed Code. You may | ||
217 | distribute the Executable Code version of Governed Code under a license of Your | ||
218 | choice, which may contain terms different from this License, provided that You | ||
219 | are in compliance with the terms of this License and that the license for the | ||
220 | Executable Code version does not attempt to limit or alter the recipient's | ||
221 | rights in the Source Code version from the rights set forth in this License. If | ||
222 | You distribute the Executable Code version under a different license You must | ||
223 | make it absolutely clear that any terms which differ from this License are | ||
224 | offered by You alone, not by RSV or any Contributor. You hereby agree to | ||
225 | indemnify RSV and every Contributor for any liability incurred by RSV or such | ||
226 | Contributor as a result of any such terms You offer. | ||
227 | |||
228 | |||
229 | 3.7. Larger Works. You may create a Larger Work by combining Governed Code with | ||
230 | other code not governed by the terms of this License and distribute the Larger | ||
231 | Work as a single product. In such a case, You must make sure the requirements | ||
232 | of this License are fulfilled for the Governed Code. | ||
233 | |||
234 | |||
235 | 4. Inability to Comply Due to Statute or Regulation. | ||
236 | |||
237 | If it is impossible for You to comply with any of theterms of this License with | ||
238 | respect to some or all of the Governed Code due to statute or regulation then | ||
239 | You must: (a) comply with the terms of this License to the maximum extent | ||
240 | possible; and (b) describe the limitations and the code they affect. Such | ||
241 | description must be included in the LEGAL file described in Section 3.4 and | ||
242 | must be included with all distributions of the Source Code. Except to the | ||
243 | extent prohibited by statute or regulation, such description must be | ||
244 | sufficiently detailed for a recipient of ordinary skill to be able to | ||
245 | understand it. | ||
246 | |||
247 | |||
248 | 5. Trademark Usage. | ||
249 | |||
250 | |||
251 | |||
252 | 5.1. Advertising Materials. All advertising materials mentioning features or | ||
253 | use of the Governed Code must display the following acknowledgement: "This | ||
254 | product includes software developed by Ricoh Silicon Valley, Inc." | ||
255 | |||
256 | |||
257 | 5.2. Endorsements. The names "Ricoh," "Ricoh Silicon | ||
258 | Valley," and "RSV" must not be used to endorse or promote | ||
259 | Contributor Versions or Larger Works without the prior written permission of | ||
260 | RSV. | ||
261 | |||
262 | |||
263 | 5.3. Product Names. Contributor Versions and Larger Works may not be called | ||
264 | "Ricoh" nor may the word "Ricoh" appear in their names | ||
265 | without the prior written permission of RSV. | ||
266 | |||
267 | |||
268 | 6. Versions of the License. | ||
269 | |||
270 | |||
271 | |||
272 | 6.1. New Versions. RSV may publish revised and/or new versions of the License | ||
273 | from time to time. Each version will be given a distinguishing version number. | ||
274 | |||
275 | |||
276 | 6.2. Effect of New Versions. Once Governed Code has been published under a | ||
277 | particular version of the License, You may always continue to use it under the | ||
278 | terms of that version. You may also choose to use such Governed Code under the | ||
279 | terms of any subsequent version of the License published by RSV. No one other | ||
280 | than RSV has the right to modify the terms applicable to Governed Code created | ||
281 | under this License. | ||
282 | |||
283 | |||
284 | 7. Disclaimer of Warranty. | ||
285 | |||
286 | GOVERNED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, | ||
287 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT | ||
288 | LIMITATION, WARRANTIES THAT THE GOVERNED CODE IS FREE OF DEFECTS, MERCHANTABLE, | ||
289 | FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE | ||
290 | QUALITY AND PERFORMANCE OF THE GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED | ||
291 | CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RSV OR ANY OTHER CONTRIBUTOR) | ||
292 | ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS | ||
293 | DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF | ||
294 | ANY GOVERNED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | ||
295 | |||
296 | |||
297 | 8. Termination. | ||
298 | |||
299 | |||
300 | |||
301 | 8.1. This License and the rights granted hereunder will terminate automatically | ||
302 | if You fail to comply with terms herein and fail to cure such breach within 30 | ||
303 | days of becoming aware of the breach. All sublicenses to the Governed Code | ||
304 | which are properly granted shall survive any termination of this License. | ||
305 | Provisions which, by their nature, must remain in effect beyond the termination | ||
306 | of this License shall survive. | ||
307 | |||
308 | |||
309 | 8.2. If You initiate patent infringement litigation against RSV or a | ||
310 | Contributor (RSV or the Contributor against whom You file such action is | ||
311 | referred to as "Participant") alleging that: | ||
312 | |||
313 | |||
314 | (a) such Participant's Original Code or Contributor Version directly or | ||
315 | indirectly infringes any patent, then any and all rights granted by such | ||
316 | Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 | ||
317 | days notice from Participant terminate prospectively, unless if within 60 days | ||
318 | after receipt of notice You either: (i) agree in writing to pay Participant a | ||
319 | mutually agreeable reasonable royalty for Your past and future use of the | ||
320 | Original Code or the Modifications made by such Participant, or (ii) withdraw | ||
321 | Your litigation claim with respect to the Original Code or the Contributor | ||
322 | Version against such Participant. If within 60 days of notice, a reasonable | ||
323 | royalty and payment arrangement are not mutually agreed upon in writing by the | ||
324 | parties or the litigation claim is not withdrawn, the rights granted by | ||
325 | Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the | ||
326 | expiration of the 60 day notice period specified above. | ||
327 | |||
328 | (b) any software, hardware, or device provided to You by the Participant, other | ||
329 | than such Participant's Original Code or Contributor Version, directly or | ||
330 | indirectly infringes any patent, then any rights granted to You by such | ||
331 | Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the | ||
332 | date You first made, used, sold, distributed, or had made, Original Code or the | ||
333 | Modifications made by that Participant. | ||
334 | |||
335 | |||
336 | |||
337 | 8.3. If You assert a patent infringement claim against Participant alleging | ||
338 | that such Participant's Original Code or Contributor Version directly or | ||
339 | indirectly infringes any patent where such claim is resolved (such as by | ||
340 | license or settlement) prior to the initiation of patent infringement | ||
341 | litigation, then the reasonable value of the licenses granted by such | ||
342 | Participant under Sections 2.1 or 2.2 shall be taken into account in | ||
343 | determining the amount or value of any payment or license. | ||
344 | |||
345 | |||
346 | 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user | ||
347 | license agreements (excluding distributors and resellers) which have been | ||
348 | validly granted by You or any distributor hereunder prior to termination shall | ||
349 | survive termination. | ||
350 | |||
351 | |||
352 | 9. Limitation of Liability. | ||
353 | |||
354 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING | ||
355 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL RSV, ANY CONTRIBUTOR, OR ANY | ||
356 | DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE | ||
357 | TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR | ||
358 | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES | ||
359 | FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY | ||
360 | AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN | ||
361 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL | ||
362 | NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S | ||
363 | NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME | ||
364 | JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR | ||
365 | CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | ||
366 | TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT | ||
367 | IN NO EVENT WILL RSVS LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED FIVE | ||
368 | THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR USE IN | ||
369 | CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL APPLICATION OR | ||
370 | ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL | ||
371 | INJURY, CATASTROPHIC DAMAGE OR MASS DESTRUCTION, AND YOU AGREE THAT NEITHER RSV | ||
372 | NOR ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY | ||
373 | SUCH USE OF THE GOVERNED CODE. | ||
374 | |||
375 | |||
376 | 10. U.S. Government End Users. | ||
377 | |||
378 | The Governed Code is a "commercial item," as that term is defined in | ||
379 | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | ||
380 | software" and "commercial computer software documentation," as | ||
381 | such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. | ||
382 | 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. | ||
383 | Government End Users acquire Governed Code with only those rights set forth | ||
384 | herein. | ||
385 | |||
386 | |||
387 | 11. Miscellaneous. | ||
388 | |||
389 | This License represents the complete agreement concerning subject matter | ||
390 | hereof. If any provision of this License is held to be unenforceable, such | ||
391 | provision shall be reformed only to the extent necessary to make it | ||
392 | enforceable. This License shall be governed by California law provisions | ||
393 | (except to the extent applicable law, if any, provides otherwise), excluding | ||
394 | its conflict-of-law provisions. The parties submit to personal jurisdiction in | ||
395 | California and further agree that any cause of action arising under or related | ||
396 | to this Agreement shall be brought in the Federal Courts of the Northern | ||
397 | District of California, with venue lying in Santa Clara County, California. The | ||
398 | losing party shall be responsible for costs, including without limitation, | ||
399 | court costs and reasonable attorneys fees and expenses. Notwithstanding | ||
400 | anything to the contrary herein, RSV may seek injunctive relief related to a | ||
401 | breach of this Agreement in any court of competent jurisdiction. The | ||
402 | application of the United Nations Convention on Contracts for the International | ||
403 | Sale of Goods is expressly excluded. Any law or regulation which provides that | ||
404 | the language of a contract shall be construed against the drafter shall not | ||
405 | apply to this License. | ||
406 | |||
407 | |||
408 | 12. Responsibility for Claims. | ||
409 | |||
410 | Except in cases where another Contributor has failed to comply with Section | ||
411 | 3.4, You are responsible for damages arising, directly or indirectly, out of | ||
412 | Your utilization of rights under this License, based on the number of copies of | ||
413 | Governed Code you made available, the revenues you received from utilizing such | ||
414 | rights, and other relevant factors. You agree to work with affected parties to | ||
415 | distribute responsibility on an equitable basis. | ||
416 | |||
417 | |||
418 | |||
419 | |||
420 | |||
421 | EXHIBIT A | ||
422 | |||
423 | "The contents of this file are subject to the Ricoh Source Code Public | ||
424 | License Version 1.0 (the "License"); you may not use this file except | ||
425 | in compliance with the License. You may obtain a copy of the License at http:// | ||
426 | www.risource.org/RPL | ||
427 | |||
428 | Software distributed under the License is distributed on an "AS IS" | ||
429 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License | ||
430 | for the specific language governing rights and limitations under the License. | ||
431 | |||
432 | This code was initially developed by Ricoh Silicon Valley, Inc. Portions | ||
433 | created by Ricoh Silicon Valley, Inc. are Copyright (C) 1995-1999. All Rights | ||
434 | Reserved. | ||
435 | |||
436 | Contributor(s): ______________________________________." | ||
437 | |||
438 | |||
439 | |||
440 | |||
441 | |||
442 | |||