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 RSV ' S 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 attorney ' s 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.
