Ricoh Source Code Public License
1.1."Contributor" means each entity that creates _ contributes _ the creation of Modifications.
1.2."Contributor Version" means _ combination of _ Original Code, prior Modifications used by a Contributor, _ the Modifications made by that particular Contributor.
1.3."Electronic Distribution Mechanism" means a website _ any other mechanism generally accepted in _ software development community for _ electronic transfer of data.
1.4."Executable Code" means Governed Code in any form other than Source Code.
1.5."Governed Code" means _ Original Code _ Modifications _ the combination of _ Original Code _ Modifications, in each case including portions thereof.
1.6."Larger Work" means a work which combines Governed Code _ portions thereof with code not governed by _ terms of this License.
1.7. "Licensable" means _ right _ grant, _ the maximum extent possible, whether at _ time of _ initial grant _ subsequently acquired, any _ all of _ rights conveyed herein.
1.8. "License" means this document.
1.9."Modifications" means any addition _ or deletion from _ substance _ structure of either _ Original Code _ any previous Modifications. When Governed Code _ released as a series of files, a Modification is:
(a) Any addition _ or deletion from _ contents of a file containing Original Code _ previous Modifications.
(b)Any new file that contains any part of _ Original Code _ previous Modifications.
1.10."Original Code" means _ "Platform for Information Applications" Source Code as released under this License by RSV.
1.11 "Patent Claims" means any patent claim(s), now owned _ hereafter acquired, including without limitation, method, process, _ apparatus claims, in any patent Licensable by _ grantor of a license thereto.
1.12. "RSV" means Ricoh Silicon Valley, Inc., a California corporation with offices at 2882 Sand Hill Road, Suite 115, Menlo Park, CA 94025-7022.
1.13."Source Code" means _ preferred form of _ Governed Code for making modifications _ it, including all modules it contains, plus any associated interface definition files, scripts used _ control compilation _ installation of Executable Code, _ a list of source code differential comparisons against either _ Original Code _ another well known, available Governed Code of _ Contributor's choice. _ Source Code can be in a compressed _ archival form, provided _ appropriate decompression _ de-archiving software _ widely available for no charge.
1.14. "You" means an individual _ a legal entity exercising rights under, _ complying with all of _ terms of, this License _ a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, _ controlled by, _ is under common control with You. For purposes of this definition, "control" means (a) _ power, direct _ indirect, _ cause _ direction _ management of such entity, whether by contract _ otherwise, _ (b) ownership of fifty percent (50%) _ more of _ outstanding shares _ beneficial ownership of such entity.
2. Source Code License.
2.1.Grant from RSV. RSV hereby grants You a worldwide, royalty-free, non-exclusive license, subject _ third party intellectual property claims:
(a) _ use, reproduce, modify, create derivative works of, display, perform, sublicense _ distribute _ Original Code (or portions thereof) with _ without Modifications, _ as part of a Larger Work; _
(b) under Patent Claims infringed by _ making, using _ selling of Original Code, _ make, have made, use, practice, sell, _ offer for sale, and/or otherwise dispose of _ Original Code (or portions thereof).
2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free, non-exclusive license, subject _ third party intellectual property claims:
(a) _ use, reproduce, modify, create derivative works of, display, perform, sublicense _ distribute _ Modifications created by such Contributor (or portions thereof) either _ an unmodified basis, with other Modifications, as Governed Code _ as part of a Larger Work; _
(b) under Patent Claims infringed by _ making, using, _ selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), _ make, use, sell, offer for sale, have made, and/or otherwise dispose of: (i) Modifications made by that Contributor (or portions thereof); _ (ii) _ combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create _ to which You contribute are governed by _ terms of this License, including without limitation Section 2.2. _ Source Code version of Governed Code may be distributed only under _ terms of this License _ a future version of this License released under Section 6.1, _ You must include a copy of this License with every copy of _ Source Code You distribute. You may not offer _ impose any terms _ any Source Code version that alters _ restricts _ applicable version of this License _ the recipients' rights hereunder. However, You may include an additional document offering _ additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create _ to which You contribute must be made available in Source Code form under _ terms of this License either _ the same media as an Executable Code version _ via an Electronic Distribution Mechanism _ anyone _ whom you made an Executable Code version available; _ if made available via an Electronic Distribution Mechanism, must remain available for at least twelve (12) months after _ date it initially became available, _ at least six (6) months after a subsequent version of that particular Modification has been made available _ such recipients. You are responsible for ensuring that _ Source Code version remains available even if _ Electronic Distribution Mechanism _ maintained by a third party.
3.3. Description of Modifications. You must cause all Governed Code _ which you contribute _ contain a file documenting _ changes You made _ create that Governed Code _ the date of any change. You must include a prominent statement that _ Modification _ derived, directly _ indirectly, from Original Code provided by RSV _ including _ name of RSV in (a) _ Source Code, _ (b) in any notice in an Executable Code version _ related documentation in which You describe _ origin _ ownership of _ Governed Code.
3.4. Intellectual Property Matters.
3.4.1. Third Party Claims. If You have knowledge that a party claims an intellectual property right in particular functionality _ code (or its utilization under this License), you must include a text file with _ source code distribution titled "LEGAL" which describes _ claim _ the party making _ claim in sufficient detail that a recipient will know whom _ contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify _ LEGAL file in all copies You make available thereafter _ shall take other steps (such as notifying RSV _ appropriate mailing lists _ newsgroups) reasonably calculated _ inform those who received _ Governed Code that new knowledge has been obtained. In _ event that You are a Contributor, You represent that, except as disclosed in _ LEGAL file, your Modifications are your original creations and, _ the best of your knowledge, no third party has any claim (including but not limited _ intellectual property claims) relating _ your Modifications. You represent that _ LEGAL file includes complete details of any license _ other restriction associated with any part of your Modifications.
3.4.2. Contributor APIs. If Your Modification _ an application programming interface _ You own _ control patents which are reasonably necessary _ implement that API, you must also include this information in _ LEGAL file.
3.5. Required Notices. You must duplicate _ notice in Exhibit A in each file of _ Source Code, _ this License in any documentation for _ Source Code, where You describe recipients' rights relating _ Governed Code. If You created one _ more Modification(s), You may add your name as a Contributor _ the notice described in Exhibit A. If it _ not possible _ put such notice in a particular Source Code file due _ its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely _ look for such a notice. You may choose _ offer, _ to charge a fee for, warranty, support, indemnity _ liability obligations _ one _ more recipients of Governed Code. However, You may do so only _ Your own behalf, _ not _ behalf of RSV _ any Contributor. You must make it absolutely clear than any such warranty, support, indemnity _ liability obligation _ offered by You alone, _ You hereby agree _ indemnify RSV _ every Contributor for any liability incurred by RSV _ such Contributor as a result of warranty, support, indemnity _ liability terms You offer.
3.6. Distribution of Executable Code Versions. You may distribute Governed Code in Executable Code form only if _ requirements of Section 3.1-3.5 have been met for that Governed Code, _ if You include a prominent notice stating that _ Source Code version of _ Governed Code _ available under _ terms of this License, including a description of how _ where You have fulfilled _ obligations of Section 3.2. _ notice must be conspicuously included in any notice in an Executable Code version, related documentation _ collateral in which You describe recipients' rights relating _ the Governed Code. You may distribute _ Executable Code version of Governed Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with _ terms of this License _ that _ license for _ Executable Code version does not attempt _ limit _ alter _ recipient's rights in _ Source Code version from _ rights set forth in this License. If You distribute _ Executable Code version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by RSV _ any Contributor. You hereby agree _ indemnify RSV _ every Contributor for any liability incurred by RSV _ such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Governed Code with other code not governed by _ terms of this License _ distribute _ Larger Work as a single product. In such a case, You must make sure _ requirements of this License are fulfilled for _ Governed Code.
4. Inability _ Comply Due _ Statute _ Regulation.
If it _ impossible for You _ comply with any of theterms of this License with respect _ some _ all of _ Governed Code due _ statute _ regulation then You must: (a) comply with _ terms of this License _ the maximum extent possible; _ (b) describe _ limitations _ the code they affect. Such description must be included in _ LEGAL file described in Section 3.4 _ must be included with all distributions of _ Source Code. Except _ the extent prohibited by statute _ regulation, such description must be sufficiently detailed for a recipient of ordinary skill _ be able _ understand it.
5. Trademark Usage.
5.1. Advertising Materials. All advertising materials mentioning features _ use of _ Governed Code must display _ following acknowledgement: "This product includes software developed by Ricoh Silicon Valley, Inc."
5.2. Endorsements. The names "Ricoh," "Ricoh Silicon Valley," _ "RSV" must not be used _ endorse _ promote Contributor Versions _ Larger Works without _ prior written permission of RSV.
5.3. Product Names. Contributor Versions _ Larger Works may not be called "Ricoh" nor may _ word "Ricoh" appear in their names without _ prior written permission of RSV.
6. Versions of _ License.
6.1. New Versions. RSV may publish revised and/or new versions of _ License from time _ time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Governed Code has been published under a particular version of _ License, You may always continue _ use it under _ terms of that version. You may also choose _ use such Governed Code under _ terms of any subsequent version of _ License published by RSV. No one other than RSV has _ right _ modify _ terms applicable _ Governed Code created under this License.
7. Disclaimer of Warranty.
GOVERNED CODE _ PROVIDED UNDER THIS LICENSE _ AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED _ IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT _ GOVERNED CODE _ FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE _ NON-INFRINGING. _ ENTIRE RISK AS _ THE QUALITY _ PERFORMANCE OF _ GOVERNED CODE _ WITH YOU. SHOULD ANY GOVERNED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RSV _ ANY OTHER CONTRIBUTOR) ASSUME _ COST OF ANY NECESSARY SERVICING, REPAIR _ CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY GOVERNED CODE _ AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.1. This License _ the rights granted hereunder will terminate automatically if You fail _ comply with terms herein _ fail _ cure such breach within 30 days of becoming aware of _ breach. All sublicenses _ the Governed Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond _ termination of this License shall survive.
8.2. If You initiate patent infringement litigation against RSV _ a Contributor (RSV _ the Contributor against whom You file such action _ referred _ as "Participant") alleging that:
(a) such Participant's Original Code _ Contributor Version directly _ indirectly infringes any patent, then any _ all rights granted by such Participant _ You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing _ pay Participant a mutually agreeable reasonable royalty for Your past _ future use of _ Original Code _ the Modifications made by such Participant, _ (ii) withdraw Your litigation claim with respect _ the Original Code _ the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty _ payment arrangement are not mutually agreed upon in writing by _ parties _ the litigation claim _ not withdrawn, _ rights granted by Participant _ You under Sections 2.1 and/or 2.2 automatically terminate at _ expiration of _ 60 day notice period specified above.
(b) any software, hardware, _ device provided _ You by _ Participant, other than such Participant's Original Code _ Contributor Version, directly _ indirectly infringes any patent, then any rights granted _ You by such Participant under Sections 2.1(b) _ 2.2(b) are revoked effective as of _ date You first made, used, sold, distributed, _ had made, Original Code _ the Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Original Code _ Contributor Version directly _ indirectly infringes any patent where such claim _ resolved (such as by license _ settlement) prior _ the initiation of patent infringement litigation, then _ reasonable value of _ licenses granted by such Participant under Sections 2.1 _ 2.2 shall be taken into account in determining _ amount _ value of any payment _ license.
8.4. In _ event of termination under Sections 8.1 _ 8.2 above, all end user license agreements (excluding distributors _ resellers) which have been validly granted by You _ any distributor hereunder prior _ termination shall survive termination.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL RSV, ANY CONTRIBUTOR, _ ANY DISTRIBUTOR OF GOVERNED CODE, _ ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE _ YOU _ ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, _ CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE _ MALFUNCTION, _ ANY _ ALL OTHER COMMERCIAL DAMAGES _ LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF _ POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH _ PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE _ THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW _ EXCLUSION _ LIMITATION OF INCIDENTAL _ CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION _ LIMITATION MAY NOT APPLY _ YOU. _ THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE _ NOT VALID, YOU AGREE THAT IN NO EVENT WILL RSVS LIABILITY UNDER _ RELATED _ THIS AGREEMENT EXCEED FIVE THOUSAND DOLLARS ($5,000). _ GOVERNED CODE _ NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT _ MEDICAL APPLICATION _ ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE _ MASS DESTRUCTION, _ YOU AGREE THAT NEITHER RSV NOR ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF _ GOVERNED CODE.
10. U.S. Government End Users.
The Governed Code _ a "commercial item," as that term _ defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" _ "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 _ 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Governed Code with only those rights set forth herein.
This License represents _ complete agreement concerning subject matter hereof. If any provision of this License _ held _ be unenforceable, such provision shall be reformed only _ the extent necessary _ make it enforceable. This License shall be governed by California law provisions (except _ the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. _ parties submit _ personal jurisdiction in California _ further agree that any cause of action arising under _ related _ this Agreement shall be brought in _ Federal Courts of _ Northern District of California, with venue lying in Santa Clara County, California. _ losing party shall be responsible for costs, including without limitation, court costs _ reasonable attorneys fees _ expenses. Notwithstanding anything _ the contrary herein, RSV may seek injunctive relief related _ a breach of this Agreement in any court of competent jurisdiction. _ application of _ United Nations Convention _ Contracts for _ International Sale of Goods _ expressly excluded. Any law _ regulation which provides that _ language of a contract shall be construed against _ drafter shall not apply _ this License.
12. Responsibility for Claims.
Except in cases where another Contributor has failed _ comply with Section 3.4, You are responsible for damages arising, directly _ indirectly, out of Your utilization of rights under this License, based _ the number of copies of Governed Code you made available, _ revenues you received from utilizing such rights, _ other relevant factors. You agree _ work with affected parties _ distribute responsibility _ an equitable basis.
"The contents of this file are subject _ the Ricoh Source Code Public License Version 1.0 (the "License"); you may not use this file except in compliance with _ License. You may obtain a copy of _ License at www.risource.org/RPL
Software distributed under _ License _ distributed _ an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express _ implied. See _ License for _ specific language governing rights _ limitations under _ License.
This code was initially developed by Ricoh Silicon Valley, Inc. Portions created by Ricoh Silicon Valley, Inc. are Copyright (C) 1995-1999. All Rights Reserved.
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