Ricoh Source Code Public License

Version 1.0

1. Definitions.

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 ... the software development community for ... electronic transfer of data.

1.4."Executable Code" means Governed Code ... any form other than Source Code.

1.5."Governed Code" means ... Original Code ... Modifications ... the combination of ... Original Code ... Modifications, ... 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:

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(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.

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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, ... 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 ... 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:

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(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).

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2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free, non-exclusive license, subject ... third party intellectual property claims:

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(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 ... 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).

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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 ... Section 3.5.

3.2. Availability of Source Code. Any Modification which You create ... to which You contribute must be made available ... 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 ... (a) ... Source Code, ... (b) ... any notice ... an Executable Code version ... related documentation ... 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 ... 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 ... sufficient detail that a recipient ... know whom ... contact. If you obtain such knowledge after You make Your Modification available as described ... Section 3.2, You shall promptly modify ... LEGAL file ... 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. ... the event that You are a Contributor, You represent that, except as disclosed ... the 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 ... the LEGAL file.

3.5. Required Notices. You must duplicate ... notice ... Exhibit A ... each file of ... Source Code, ... this License ... 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 ... Exhibit A. If it ... not possible ... put such notice ... a particular Source Code file due ... its structure, then you must include such notice ... 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 ... 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 ... 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 ... any notice ... an Executable Code version, related documentation ... collateral ... 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 ... compliance with ... terms of this License ... that ... license for ... Executable Code version does not attempt ... limit ... alter ... recipient's rights ... the Source Code version from ... rights set forth ... 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. ... 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 ... the LEGAL file described ... 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 ... 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 ... 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 ... 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. Termination.


8.1. This License ... the rights granted hereunder ... 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 ... 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:

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(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 ... 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 ... 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.

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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 ... determining ... amount ... value of any payment ... license.

8.4. ... the 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, ... THAT EXCLUSION ... LIMITATION MAY NOT APPLY ... YOU. ... THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE ... NOT VALID, YOU AGREE THAT ... NO EVENT ... RSVS LIABILITY UNDER ... RELATED ... THIS AGREEMENT EXCEED FIVE THOUSAND DOLLARS ($5,000). ... GOVERNED CODE ... NOT INTENDED FOR USE ... CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT ... MEDICAL APPLICATION ... ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT ... 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 ... 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" ... "commercial computer software documentation," as such terms are used ... 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.

11. Miscellaneous.

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 ... California ... further agree that any cause of action arising under ... related ... this Agreement shall be brought ... the Federal Courts of ... Northern District of California, with venue lying ... 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 ... 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 ... 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.


 

EXHIBIT A

"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 ... 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.

Contributor(s): ______________________________________."

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