2 PROGRAM LICENSE AGREEMENT
7 RSA LABORATORIES, A DIVISION OF RSA DATA SECURITY, INC. ("RSA")
8 GRANTS YOU A LICENSE AS FOLLOWS TO THE "RSAREF" PROGRAM:
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
16 a. to use the Program on any computer;
18 b. to make copies of the Program for back-up purposes;
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.
30 d. to copy and distribute the Program and Application Programs
31 in accordance with the limitations set forth in Section 2.
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.
39 2. LIMITATIONS ON LICENSE.
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.
49 b. The Program may not be used directly for revenue-generating
50 purposes. You may not:
52 (i) use the Program to provide services to others for which
53 you are compensated in any manner;
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
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
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.
71 c. The Program, if modified, must carry prominent notices
72 stating that changes have been made, and the dates of any
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.
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.
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
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.
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.
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.
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.
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
155 a. This Agreement shall be governed by the laws of the State of
158 b. Address all correspondence regarding this license to RSA's
159 electronic mail address <rsaref-administrator@rsa.com>, or
163 ATTN: RSAREF Administrator
164 100 Marine Parkway, Suite 500
165 Redwood City, CA 94065