path: root/meta/files/common-licenses/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): ______________________________________."