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1.1 ! root 1: RSA LABORATORIES ! 2: PROGRAM LICENSE AGREEMENT ! 3: January 5, 1993 ! 4: ! 5: RSA LABORATORIES, A DIVISION OF RSA DATA SECURITY, INC. ("RSA") ! 6: GRANTS YOU A LICENSE AS FOLLOWS TO THE "RSAREF" PROGRAM: ! 7: ! 8: 1. LICENSE. RSA grants you a non-exclusive, non-transferable, ! 9: perpetual (subject to the conditions of section 8) license ! 10: for the "RSAREF" program (the "Program") and its associated ! 11: documentation, subject to all of the following terms and ! 12: conditions: ! 13: ! 14: a. to use the Program on any computer in your possession; ! 15: ! 16: b. to make copies of the Program for back-up purposes; ! 17: ! 18: c. to modify the Program in any manner for porting or ! 19: performance improvement purposes (subject to Section 2) ! 20: or to incorporate the Program into other computer programs ! 21: for your own personal or internal use, provided that you ! 22: provide RSA with a copy of any such modification or ! 23: Application Program by electronic mail, and grant RSA ! 24: a perpetual, royalty-free license to use and distribute ! 25: such modifications and Application Programs on the terms ! 26: set forth in this Agreement. ! 27: ! 28: d. to copy and distribute the Program and Application Programs ! 29: in accordance with the limitations set forth in Section 2. ! 30: ! 31: "Application Programs" are programs which incorporate all or any ! 32: portion of the Program in any form. The restrictions imposed on ! 33: Application Programs in this Agreement shall not apply to any software ! 34: which, through the mere aggregation on distribution media, is ! 35: co-located or stored with the Program. ! 36: ! 37: 2. LIMITATIONS ON LICENSE. ! 38: ! 39: a. RSA owns the Program and its associated documentation and ! 40: all copyrights therein. You may only use, copy, modify and ! 41: distribute the Program as expressly provided for in this ! 42: Agreement. You must reproduce and include this Agreement, ! 43: RSA's copyright notices and disclaimer of warranty on any ! 44: copy and its associated documentation. ! 45: ! 46: b. The Program and all Application Programs are to be used only ! 47: for non-commercial purposes. However, media costs associated ! 48: with the distribution of the Program or Application Programs ! 49: may be recovered. ! 50: ! 51: c. The Program, if modified, must carry prominent notices ! 52: stating that changes have been made, and the dates of any ! 53: such changes. ! 54: ! 55: d. Prior permission from RSA is required for ! 56: any modifications that access the Program through ways ! 57: other than the published Program interface or for ! 58: modifications to the Program interface. RSA will grant ! 59: all reasonable requests for permission to make such ! 60: modifications. ! 61: ! 62: 3. NO RSA OBLIGATION. You are solely responsible for all of your ! 63: costs and expenses incurred in connection with the distribution ! 64: of the Program or any Application Program hereunder, and RSA ! 65: shall have no liability, obligation or responsibility therefor. ! 66: RSA shall have no obligation to provide maintenance, support, ! 67: upgrades or new releases to you or to any distributee of the ! 68: Program or any Application Program. ! 69: ! 70: 4. NO WARRANTY OF PERFORMANCE. THE PROGRAM AND ITS ASSOCIATED ! 71: DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR ! 72: PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR ! 73: PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF ! 74: THE PROGRAM IS ASSUMED BY YOU AND YOUR DISTRIBUTEES. SHOULD THE ! 75: PROGRAM PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT RSA) ! 76: ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR ! 77: CORRECTION. ! 78: ! 79: 5. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN ! 80: SECTION 6 HEREINUNDER, NEITHER RSA NOR ANY OTHER PERSON WHO HAS ! 81: BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE ! 82: PROGRAM SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY ! 83: DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF RSA HAS BEEN ! 84: ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ! 85: ! 86: 6. PATENT INFRINGEMENT OBLIGATION. Subject to the limitations set ! 87: forth below, RSA, at its own expense, shall: (i) defend, or at ! 88: its option settle, any claim, suit or proceeding against you on ! 89: the basis of infringement of any United States patent in the ! 90: field of cryptography by the unmodified Program; and (ii) pay ! 91: any final judgment or settlement entered against you on such ! 92: issue in any such suit or proceeding defended by RSA. The ! 93: obligations of RSA under this Section 6 are subject to: ! 94: (i) RSA's having sole control of the defense of any such claim, ! 95: suit or proceeding; (ii) your notifying RSA promptly in writing ! 96: of each such claim, suit or proceeding and giving RSA authority ! 97: to proceed as stated in this Section 6; and (iii) your giving ! 98: RSA all information known to you relating to such claim, ! 99: suit or proceeding and cooperating with RSA to defend any such ! 100: claim, suit or proceeding. RSA shall have no obligation under ! 101: this Section 6 with respect to any claim to the extent it is ! 102: based upon (A) use of the Program as modified by any person ! 103: other than RSA or use of any Application Program, where use ! 104: of the unmodified Program would not constitute an infringement, ! 105: or (B) use of the Program in a manner other than that permitted ! 106: by this Agreement. THIS SECTION 6 SETS FORTH RSA'S ENTIRE ! 107: OBLIGATION AND YOUR EXCLUSIVE REMEDIES CONCERNING CLAIMS FOR ! 108: PROPRIETARY RIGHTS INFRINGEMENT. ! 109: ! 110: NOTE: Portions of the Program practice methods described in and ! 111: subject to U.S. Patents Nos. 4,200,770, 4,218,582 and 4,405,829, ! 112: and all foreign counterparts and equivalents, issued to Leland ! 113: Stanford Jr. University and to Massachusetts Institute of ! 114: Technology. Such patents are licensed to RSA by Public Key ! 115: Partners of Sunnyvale, California, the holder of exclusive ! 116: licensing rights. This Agreement does not grant or convey any ! 117: interest whatsoever in such patents. ! 118: ! 119: 7. RSAREF is a non-commercial publication of cryptographic ! 120: techniques. Portions of RSAREF have been published in the ! 121: International Security Handbook and the August 1992 issue of Dr. ! 122: Dobb's Journal. Privacy applications developed with RSAREF may be ! 123: subject to export controls. If you are located in the United States ! 124: and develop such applications, you are advised to consult with the ! 125: State Department's Office of Defense Trade Controls. ! 126: ! 127: 8. TERM. The license granted hereunder is effective until ! 128: terminated. You may terminate it at anytime by destroying ! 129: the Program and its associated documentation. The termination ! 130: of your license will not result in the termination of the ! 131: licenses of any distributees who have received rights to the ! 132: Program through you so long as they are in compliance with ! 133: the provisions of this license. ! 134: ! 135: 9. GENERAL ! 136: ! 137: a. This Agreement shall be governed by the laws of the State of ! 138: California. ! 139: ! 140: b. Address all correspondence regarding this license to RSA's ! 141: electronic mail address <[email protected]>, or ! 142: to ! 143: ! 144: RSA Laboratories ! 145: ATTN: RSAREF Administrator ! 146: 100 Marine Parkway, Suite 500 ! 147: Redwood City, CA 94065
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