mirror of
https://github.com/go-gitea/gitea
synced 2024-12-05 11:42:57 +01:00
bda70b848f
Replaces #8182
360 lines
20 KiB
Text
360 lines
20 KiB
Text
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): ______________________________________."
|