path: root/common/RSCPL

Ricoh Source Code Public License
Version 1.0

1. Definitions.

1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made
by that particular Contributor.

1.3. "Electronic Distribution Mechanism" means a website or any other
mechanism generally accepted in the software development community for
the electronic transfer of data.

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

1.5. "Governed Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.

1.6. "Larger Work" means a work which combines Governed Code or
portions thereof with code not governed by the terms of this License.

1.7. "Licensable" means the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.

1.8. "License" means this document.

1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Governed Code is released as a series of files,
a Modification is:

  (a) Any addition to or deletion from the contents of a file
  containing Original Code or previous Modifications.

  (b) Any new file that contains any part of the Original Code or
  previous Modifications.

1.10. "Original Code" means the "Platform for Information
Applications" Source Code as released under this License by RSV.

1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by the 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 the preferred form of the Governed Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of Executable Code, or a list of source
code differential comparisons against either the Original Code or
another well known, available Governed Code of the Contributor's
choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is
widely available for no charge.

1.14. "You" means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a
future version of this License issued under Section 6.1. For legal
entities, "You" includes any entity which controls, is controlled by,
or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (b) ownership of fifty percent (50%) or more of the
outstanding shares or 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 to third party intellectual property
claims:

  (a) to use, reproduce, modify, create derivative works of, display,
  perform, sublicense and distribute the Original Code (or portions
  thereof) with or without Modifications, or as part of a Larger Work;
  and

  (b) under Patent Claims infringed by the making, using or selling of
  Original Code, to make, have made, use, practice, sell, and offer
  for sale, and/or otherwise dispose of the Original Code (or portions
  thereof).

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

  (a) to use, reproduce, modify, create derivative works of, display,
  perform, sublicense and distribute the Modifications created by such
  Contributor (or portions thereof) either on an unmodified basis,
  with other Modifications, as Governed Code or as part of a Larger
  Work; and

  (b) under Patent Claims infringed by the making, using, or selling
  of Modifications made by that Contributor either alone and/or in
  combination with its Contributor Version (or portions of such
  combination), to make, use, sell, offer for sale, have made, and/or
  otherwise dispose of: (i) Modifications made by that Contributor (or
  portions thereof); and (ii) the 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 or to
which You contribute are governed by the terms of this License,
including without limitation Section 2.2. The Source Code version of
Governed Code may be distributed only under the terms of this License
or a future version of this License released under Section 6.1, and
You must include a copy of this License with every copy of the Source
Code You distribute. You may not offer or impose any terms on any
Source Code version that alters or restricts the applicable version of
this License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.

3.2. Availability of Source Code. Any Modification which You create or
to which You contribute must be made available in Source Code form
under the terms of this License either on the same media as an
Executable Code version or via an Electronic Distribution Mechanism to
anyone to whom you made an Executable Code version available; and if
made available via an Electronic Distribution Mechanism, must remain
available for at least twelve (12) months after the date it initially
became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to
such recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.

3.3. Description of Modifications. You must cause all Governed Code to
which you contribute to contain a file documenting the changes You
made to create that Governed Code and the date of any change. You must
include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by RSV and
including the name of RSV in (a) the Source Code, and (b) in any
notice in an Executable Code version or related documentation in which
You describe the origin or ownership of the 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 or code (or
its utilization under this License), you must include a text file with
the source code distribution titled "LEGAL" which describes the claim
and the party making the claim in sufficient detail that a recipient
will know whom to contact. If you obtain such knowledge after You make
Your Modification available as described in Section 3.2, You shall
promptly modify the LEGAL file in all copies You make available
thereafter and shall take other steps (such as notifying RSV and
appropriate mailing lists or newsgroups) reasonably calculated to
inform those who received the Governed Code that new knowledge has
been obtained. In the event that You are a Contributor, You represent
that, except as disclosed in the LEGAL file, your Modifications are
your original creations and, to the best of your knowledge, no third
party has any claim (including but not limited to intellectual
property claims) relating to your Modifications. You represent that
the LEGAL file includes complete details of any license or other
restriction associated with any part of your Modifications.

3.4.2. Contributor APIs. If Your Modification is an application
programming interface and You own or control patents which are
reasonably necessary to implement that API, you must also include this
information in the LEGAL file.

3.5. Required Notices. You must duplicate the notice in Exhibit A in
each file of the Source Code, and this License in any documentation
for the Source Code, where You describe recipients' rights relating to
Governed Code. If You created one or more Modification(s), You may add
your name as a Contributor to the notice described in Exhibit A. If it
is not possible to put such notice in a particular Source Code file
due to its structure, then you must include such notice in a location
(such as a relevant directory file) where a user would be likely to
look for such a notice. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or
more recipients of Governed Code. However, You may do so only on Your
own behalf, and not on behalf of RSV or any Contributor. You must make
it absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to
indemnify RSV and every Contributor for any liability incurred by RSV
or such Contributor as a result of warranty, support, indemnity or
liability terms You offer.

3.6. Distribution of Executable Code Versions. You may distribute
Governed Code in Executable Code form only if the requirements of
Section 3.1-3.5 have been met for that Governed Code, and if You
include a prominent notice stating that the Source Code version of the
Governed Code is available under the terms of this License, including
a description of how and where You have fulfilled the obligations of
Section 3.2. The notice must be conspicuously included in any notice
in an Executable Code version, related documentation or collateral in
which You describe recipients' rights relating to the Governed
Code. You may distribute the 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 the terms of
this License and that the license for the Executable Code version does
not attempt to limit or alter the recipient's rights in the Source
Code version from the rights set forth in this License. If You
distribute the 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 or any Contributor. You
hereby agree to indemnify RSV and every Contributor for any liability
incurred by RSV or 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 the terms of this License and
distribute the Larger Work as a single product. In such a case, You
must make sure the requirements of this License are fulfilled for the
Governed Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of theterms of this
License with respect to some or all of the Governed Code due to
statute or regulation then You must: (a) comply with the terms of this
License to the maximum extent possible; and (b) describe the
limitations and the code they affect. Such description must be
included in the LEGAL file described in Section 3.4 and must be
included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.

5. Trademark Usage.

5.1. Advertising Materials. All advertising materials mentioning
features or use of the Governed Code must display the following
acknowledgement: "This product includes software developed by Ricoh
Silicon Valley, Inc."

5.2. Endorsements. The names "Ricoh," "Ricoh Silicon Valley," and
"RSV" must not be used to endorse or promote Contributor Versions or
Larger Works without the prior written permission of RSV.

5.3. Product Names. Contributor Versions and Larger Works may not be
called "Ricoh" nor may the word "Ricoh" appear in their names without
the prior written permission of RSV.

6. Versions of the License.

6.1. New Versions. RSV may publish revised and/or new versions of the
License from time to 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 the License, You may always continue to
use it under the terms of that version. You may also choose to use
such Governed Code under the terms of any subsequent version of the
License published by RSV. No one other than RSV has the right to
modify the terms applicable to Governed Code created under this
License.

7. Disclaimer of Warranty.

GOVERNED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE GOVERNED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT RSV OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY GOVERNED CODE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.

8. Termination.

8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Governed Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.

8.2. If You initiate patent infringement litigation against RSV or a
Contributor (RSV or the Contributor against whom You file such action
is referred to as "Participant") alleging that:

  (a) such Participant's Original Code or Contributor Version directly
  or indirectly infringes any patent, then any and all rights granted
  by such Participant to 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 to pay Participant a mutually agreeable
  reasonable royalty for Your past and future use of the Original Code
  or the Modifications made by such Participant, or (ii) withdraw Your
  litigation claim with respect to the Original Code or the
  Contributor Version against such Participant. If within 60 days of
  notice, a reasonable royalty and payment arrangement are not
  mutually agreed upon in writing by the parties or the litigation
  claim is not withdrawn, the rights granted by Participant to You
  under Sections 2.1 and/or 2.2 automatically terminate at the
  expiration of the 60 day notice period specified above.

  (b) any software, hardware, or device provided to You by the
  Participant, other than such Participant's Original Code or
  Contributor Version, directly or indirectly infringes any patent,
  then any rights granted to You by such Participant under Sections
  2.1(b) and 2.2(b) are revoked effective as of the date You first
  made, used, sold, distributed, or had made, Original Code or the
  Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Original Code or Contributor Version
directly or indirectly infringes any patent where such claim is
resolved (such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2 shall
be taken into account in determining the amount or value of any
payment or license.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL RSV, ANY
CONTRIBUTOR, OR ANY DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT
ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO
EVENT WILL RSVS LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED
FIVE THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR
USE IN CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL
APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD
RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE OR MASS
DESTRUCTION, AND YOU AGREE THAT NEITHER RSV NOR ANY CONTRIBUTOR SHALL
HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE
GOVERNED CODE.

10. U.S. Government End Users.

The Governed Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "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 and 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 the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law
provisions. The parties submit to personal jurisdiction in California
and further agree that any cause of action arising under or related to
this Agreement shall be brought in the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County,
California. The losing party shall be responsible for costs, including
without limitation, court costs and reasonable attorneys fees and
expenses. Notwithstanding anything to the contrary herein, RSV may
seek injunctive relief related to a breach of this Agreement in any
court of competent jurisdiction. The application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall
not apply to this License.

12. Responsibility for Claims.

Except in cases where another Contributor has failed to comply with
Section 3.4, You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License,
based on the number of copies of Governed Code you made available, the
revenues you received from utilizing such rights, and other relevant
factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.

 

EXHIBIT A

"The contents of this file are subject to the Ricoh Source Code Public
License Version 1.0 (the "License"); you may not use this file except
in compliance with the License. You may obtain a copy of the License
at http://www.risource.org/RPL

Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and limitations
under the 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): ______________________________________."