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1.1 ! root 1: RSA LABORATORIES ! 2: PROGRAM LICENSE AGREEMENT ! 3: ! 4: Version 2.0 ! 5: March 16, 1994 ! 6: ! 7: RSA LABORATORIES, A DIVISION OF RSA DATA SECURITY, INC. ("RSA") ! 8: GRANTS YOU A LICENSE AS FOLLOWS TO THE "RSAREF" PROGRAM: ! 9: ! 10: 1. LICENSE. RSA grants you a non-exclusive, non-transferable, ! 11: perpetual (subject to the conditions of Section 8) license for ! 12: the "RSAREF" program (the "Program") and its associated ! 13: documentation, subject to all of the following terms and ! 14: conditions: ! 15: ! 16: a. to use the Program on any computer; ! 17: ! 18: b. to make copies of the Program for back-up purposes; ! 19: ! 20: c. to modify the Program in any manner for porting or ! 21: performance improvement purposes (subject to Section 2) ! 22: or to incorporate the Program into other computer programs ! 23: for your own personal or internal use, provided that you ! 24: provide RSA with a copy of any such modification or ! 25: Application Program by electronic mail, and grant RSA a ! 26: perpetual, royalty-free license to use and distribute such ! 27: modifications and Application Programs on the terms set ! 28: forth in this Agreement. ! 29: ! 30: d. to copy and distribute the Program and Application Programs ! 31: in accordance with the limitations set forth in Section 2. ! 32: ! 33: "Application Programs" are programs which incorporate all or any ! 34: portion of the Program in any form. The restrictions imposed on ! 35: Application Programs in this Agreement shall not apply to any ! 36: software which, through the mere aggregation on distribution media, ! 37: is co-located or stored with the Program. ! 38: ! 39: 2. LIMITATIONS ON LICENSE. ! 40: ! 41: a. RSA owns the Program and its associated documentation and ! 42: all copyrights therein. You may only use, copy, modify and ! 43: distribute the Program as expressly provided for in this ! 44: Agreement. You must reproduce and include this Agreement, ! 45: RSA's copyright notices and disclaimer of warranty on any ! 46: copy and its associated documentation. The Program and any ! 47: Application programs must be distributed with their source code. ! 48: ! 49: b. The Program may not be used directly for revenue-generating ! 50: purposes. You may not: ! 51: ! 52: (i) use the Program to provide services to others for which ! 53: you are compensated in any manner; ! 54: ! 55: (ii) license or otherwise distribute any Application Program ! 56: in any manner that generates income to you, including ! 57: without limitation any income on account of license ! 58: fees, royalties, maintenance fees and upgrade fees; and ! 59: ! 60: (iii) license or otherwise distribute any Application ! 61: Program without the express written acknowledgment of ! 62: the end user that the Program will not be used in ! 63: connection with any revenue-generating activity of the ! 64: end user. ! 65: ! 66: Nothing in this paragraph prohibits you from using the ! 67: Program or any Application Program solely for internal ! 68: purposes on the premises of a business which is engaged in ! 69: revenue-generating activities. ! 70: ! 71: c. The Program, if modified, must carry prominent notices ! 72: stating that changes have been made, and the dates of any ! 73: such changes. ! 74: ! 75: d. Prior permission from RSA in writing is required for any ! 76: modifications that access the Program through ways other ! 77: than the published Program interface or for modifications ! 78: to the Program interface. RSA will grant all reasonable ! 79: requests for permission to make such modifications. ! 80: ! 81: 3. NO RSA OBLIGATION. You are solely responsible for all of your ! 82: costs and expenses incurred in connection with the distribution ! 83: of the Program or any Application Program hereunder, and RSA ! 84: shall have no liability, obligation or responsibility therefor. ! 85: RSA shall have no obligation to provide maintenance, support, ! 86: upgrades or new releases to you or to any distributee of the ! 87: Program or any Application Program. ! 88: ! 89: 4. NO WARRANTY OF PERFORMANCE. THE PROGRAM AND ITS ASSOCIATED ! 90: DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR ! 91: PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR ! 92: PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF ! 93: THE PROGRAM IS ASSUMED BY YOU AND YOUR DISTRIBUTEES. SHOULD THE ! 94: PROGRAM PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT RSA) ! 95: ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR ! 96: CORRECTION. ! 97: ! 98: 5. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN ! 99: SECTION 6 HEREINUNDER, NEITHER RSA NOR ANY OTHER PERSON WHO HAS ! 100: BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE ! 101: PROGRAM SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY ! 102: DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF RSA HAS BEEN ! 103: ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ! 104: ! 105: 6. PATENT INFRINGEMENT OBLIGATION. Subject to the limitations set ! 106: forth below, RSA, at its own expense, shall: (i) defend, or at ! 107: its option settle, any claim, suit or proceeding against you on ! 108: the basis of infringement of any United States patent in the ! 109: field of cryptography by the unmodified Program; and (ii) pay any ! 110: final judgment or settlement entered against you on such issue in ! 111: any such suit or proceeding defended by RSA. The obligations of ! 112: RSA under this Section 6 are subject to: (i) RSA's having sole ! 113: control of the defense of any such claim, suit or proceeding; ! 114: (ii) your notifying RSA promptly in writing of each such claim, ! 115: suit or proceeding and giving RSA authority to proceed as stated ! 116: in this Section 6; and (iii) your giving RSA all information ! 117: known to you relating to such claim, suit or proceeding and ! 118: cooperating with RSA to defend any such claim, suit or ! 119: proceeding. RSA shall have no obligation under this Section 6 ! 120: with respect to any claim to the extent it is based upon (a) use ! 121: of the Program as modified by any person other than RSA or use of ! 122: any Application Program, where use of the unmodified Program ! 123: would not constitute an infringement, or (b) use of the Program ! 124: in a manner other than that permitted by this Agreement. THIS ! 125: SECTION 6 SETS FORTH RSA'S ENTIRE OBLIGATION AND YOUR EXCLUSIVE ! 126: REMEDIES CONCERNING CLAIMS FOR PROPRIETARY RIGHTS INFRINGEMENT. ! 127: ! 128: NOTE: Portions of the Program practice methods described in and ! 129: subject to U.S. Patents Nos. 4,200,770, 4,218,582 and 4,405,829, ! 130: and all foreign counterparts and equivalents, issued to Leland ! 131: Stanford Jr. University and to Massachusetts Institute of ! 132: Technology. Such patents are licensed to RSA by Public Key ! 133: Partners of Sunnyvale, California, the holder of exclusive ! 134: licensing rights. This Agreement does not grant or convey any ! 135: interest whatsoever in such patents. ! 136: ! 137: 7. RSAREF is a non-commercial publication of cryptographic ! 138: techniques. Portions of RSAREF have been published in the ! 139: International Security Handbook and the August 1992 issue of Dr. ! 140: Dobb's Journal. Privacy applications developed with RSAREF may be ! 141: subject to export controls. If you are located in the United States ! 142: and develop such applications, you are advised to consult with the ! 143: State Department's Office of Defense Trade Controls. ! 144: ! 145: 8. TERM. The license granted hereunder is effective until ! 146: terminated. You may terminate it at any time by destroying the ! 147: Program and its associated documentation. The termination of your ! 148: license will not result in the termination of the licenses of any ! 149: distributees who have received rights to the Program through you ! 150: so long as they are in compliance with the provisions of this ! 151: license. ! 152: ! 153: 9. GENERAL ! 154: ! 155: a. This Agreement shall be governed by the laws of the State of ! 156: California. ! 157: ! 158: b. Address all correspondence regarding this license to RSA's ! 159: electronic mail address <[email protected]>, or ! 160: to ! 161: ! 162: RSA Laboratories ! 163: ATTN: RSAREF Administrator ! 164: 100 Marine Parkway, Suite 500 ! 165: Redwood City, CA 94065 ! 166:
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