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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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