Platform_Mirocod/options/license/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
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.

Contributor(s): ______________________________________."