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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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