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