RICOH SOURCE CODE PUBLIC LICENSE - PAGEKIT APPLICATION FRAMEWORK

                                            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 "PageKit Application Framework" Source Code as released under this License by
AnIdea. 

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. "AnIdea" means AnIdea, Corp., a Deleware corporation with offices at 462 Broadway, Suite 520,
New York, NY 10013-2618.

 

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 AnIdea. AnIdea 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
AnIdea and including the name of AnIdea 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 AnIdea 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 AnIdea 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 AnIdea and every Contributor for any liability
incurred by AnIdea 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 AnIdea or any Contributor. You hereby agree to
indemnify AnIdea and every Contributor for any liability incurred by AnIdea 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 the terms 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 AnIdea, Corp."

 

5.2. Endorsements. The names "PageKit" and "AnIdea" must not be used to endorse or promote Contributor
Versions or Larger Works without the prior written permission of AnIdea.

 

5.3. Product Names. Contributor Versions and Larger Works may not be called "PageKit" nor may the word
"PageKit" appear in their names without the prior written permission of AnIdea.

 

6. Versions of the License. 

 

6.1. New Versions. AnIdea 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 AnIdea. No one other than AnIdea 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 THOUGHTSTORE 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 AnIdea or a Contributor (AnIdea 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 THOUGHTSTORE, 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 THOUGHTSTORE'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 NUCLEAR, 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
THOUGHTSTORE 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 New York law (except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. The parties submit to personal jurisdiction in New York, New York and further agree
that any cause of action arising under or related to this Agreement shall be brought in the Federal Court for the
Southern District of New York, with venue lying in New York, New York. The losing party shall be responsible for
costs, including without limitation, court costs and reasonable attorneys' fees and expenses. Notwithstanding anything
to the contrary herein, AnIdea 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.pagekit.org/license.html

 

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 AnIdea, Corp. Portions created by AnIdea, Inc. are Copyright (C)
2000, 2001, 2002. All Rights Reserved.

 

Contributor(s): ______________________________________." 

