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RSCPL 20KB

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