166 lines
8.2 KiB
Plaintext
166 lines
8.2 KiB
Plaintext
RSA LABORATORIES
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PROGRAM LICENSE AGREEMENT
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Version 2.0
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March 16, 1994
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RSA LABORATORIES, A DIVISION OF RSA DATA SECURITY, INC. ("RSA")
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GRANTS YOU A LICENSE AS FOLLOWS TO THE "RSAREF" PROGRAM:
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1. LICENSE. RSA grants you a non-exclusive, non-transferable,
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perpetual (subject to the conditions of Section 8) license for
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the "RSAREF" program (the "Program") and its associated
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documentation, subject to all of the following terms and
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conditions:
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a. to use the Program on any computer;
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b. to make copies of the Program for back-up purposes;
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c. to modify the Program in any manner for porting or
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performance improvement purposes (subject to Section 2)
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or to incorporate the Program into other computer programs
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for your own personal or internal use, provided that you
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provide RSA with a copy of any such modification or
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Application Program by electronic mail, and grant RSA a
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perpetual, royalty-free license to use and distribute such
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modifications and Application Programs on the terms set
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forth in this Agreement.
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d. to copy and distribute the Program and Application Programs
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in accordance with the limitations set forth in Section 2.
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"Application Programs" are programs which incorporate all or any
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portion of the Program in any form. The restrictions imposed on
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Application Programs in this Agreement shall not apply to any
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software which, through the mere aggregation on distribution media,
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is co-located or stored with the Program.
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2. LIMITATIONS ON LICENSE.
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a. RSA owns the Program and its associated documentation and
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all copyrights therein. You may only use, copy, modify and
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distribute the Program as expressly provided for in this
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Agreement. You must reproduce and include this Agreement,
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RSA's copyright notices and disclaimer of warranty on any
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copy and its associated documentation. The Program and any
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Application programs must be distributed with their source code.
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b. The Program may not be used directly for revenue-generating
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purposes. You may not:
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(i) use the Program to provide services to others for which
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you are compensated in any manner;
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(ii) license or otherwise distribute any Application Program
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in any manner that generates income to you, including
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without limitation any income on account of license
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fees, royalties, maintenance fees and upgrade fees; and
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(iii) license or otherwise distribute any Application
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Program without the express written acknowledgment of
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the end user that the Program will not be used in
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connection with any revenue-generating activity of the
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end user.
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Nothing in this paragraph prohibits you from using the
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Program or any Application Program solely for internal
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purposes on the premises of a business which is engaged in
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revenue-generating activities.
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c. The Program, if modified, must carry prominent notices
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stating that changes have been made, and the dates of any
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such changes.
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d. Prior permission from RSA in writing is required for any
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modifications that access the Program through ways other
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than the published Program interface or for modifications
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to the Program interface. RSA will grant all reasonable
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requests for permission to make such modifications.
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3. NO RSA OBLIGATION. You are solely responsible for all of your
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costs and expenses incurred in connection with the distribution
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of the Program or any Application Program hereunder, and RSA
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shall have no liability, obligation or responsibility therefor.
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RSA shall have no obligation to provide maintenance, support,
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upgrades or new releases to you or to any distributee of the
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Program or any Application Program.
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4. NO WARRANTY OF PERFORMANCE. THE PROGRAM AND ITS ASSOCIATED
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DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR
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PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
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PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
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THE PROGRAM IS ASSUMED BY YOU AND YOUR DISTRIBUTEES. SHOULD THE
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PROGRAM PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT RSA)
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ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
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CORRECTION.
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5. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN
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SECTION 6 HEREINUNDER, NEITHER RSA NOR ANY OTHER PERSON WHO HAS
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BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
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PROGRAM SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
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DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF RSA HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. PATENT INFRINGEMENT OBLIGATION. Subject to the limitations set
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forth below, RSA, at its own expense, shall: (i) defend, or at
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its option settle, any claim, suit or proceeding against you on
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the basis of infringement of any United States patent in the
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field of cryptography by the unmodified Program; and (ii) pay any
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final judgment or settlement entered against you on such issue in
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any such suit or proceeding defended by RSA. The obligations of
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RSA under this Section 6 are subject to: (i) RSA's having sole
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control of the defense of any such claim, suit or proceeding;
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(ii) your notifying RSA promptly in writing of each such claim,
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suit or proceeding and giving RSA authority to proceed as stated
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in this Section 6; and (iii) your giving RSA all information
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known to you relating to such claim, suit or proceeding and
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cooperating with RSA to defend any such claim, suit or
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proceeding. RSA shall have no obligation under this Section 6
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with respect to any claim to the extent it is based upon (a) use
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of the Program as modified by any person other than RSA or use of
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any Application Program, where use of the unmodified Program
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would not constitute an infringement, or (b) use of the Program
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in a manner other than that permitted by this Agreement. THIS
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SECTION 6 SETS FORTH RSA'S ENTIRE OBLIGATION AND YOUR EXCLUSIVE
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REMEDIES CONCERNING CLAIMS FOR PROPRIETARY RIGHTS INFRINGEMENT.
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NOTE: Portions of the Program practice methods described in and
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subject to U.S. Patents Nos. 4,200,770, 4,218,582 and 4,405,829,
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and all foreign counterparts and equivalents, issued to Leland
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Stanford Jr. University and to Massachusetts Institute of
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Technology. Such patents are licensed to RSA by Public Key
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Partners of Sunnyvale, California, the holder of exclusive
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licensing rights. This Agreement does not grant or convey any
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interest whatsoever in such patents.
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7. RSAREF is a non-commercial publication of cryptographic
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techniques. Portions of RSAREF have been published in the
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International Security Handbook and the August 1992 issue of Dr.
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Dobb's Journal. Privacy applications developed with RSAREF may be
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subject to export controls. If you are located in the United States
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and develop such applications, you are advised to consult with the
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State Department's Office of Defense Trade Controls.
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8. TERM. The license granted hereunder is effective until
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terminated. You may terminate it at any time by destroying the
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Program and its associated documentation. The termination of your
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license will not result in the termination of the licenses of any
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distributees who have received rights to the Program through you
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so long as they are in compliance with the provisions of this
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license.
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9. GENERAL
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a. This Agreement shall be governed by the laws of the State of
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California.
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b. Address all correspondence regarding this license to RSA's
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electronic mail address <rsaref-administrator@rsa.com>, or
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to
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RSA Laboratories
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ATTN: RSAREF Administrator
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100 Marine Parkway, Suite 500
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Redwood City, CA 94065
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