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