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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 | |||
