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- From: mrr@cl.msu.edu (Mark Riordan)
- Newsgroups: sci.crypt
- Subject: Annotated RSAREF License
- Message-ID: <1h8ke0INNn52@msuinfo.cl.msu.edu>
- Date: 23 Dec 92 02:54:56 GMT
- Organization: Michigan State University
- Lines: 216
- NNTP-Posting-Host: scss3.cl.msu.edu
- X-Newsreader: TIN [version 1.1 PL6]
-
- Below is a message I received today containing the latest
- RSAREF license agreement, along with comments from Jim Bidzos,
- president of RSA Data Security. I have added a few clarifications
- in brackets.
-
- Because RIPEM was written using the RSAREF toolkit, this license
- agreement also applies to RIPEM.
-
- Mark R. mrr@scss3.cl.msu.edu
- ------------------------------------------------------------------
- From jim@RSA.COM Tue Dec 22 15:12:47 1992
- Date: Tue, 22 Dec 92 12:10:27 PST
- From: jim@RSA.COM (Jim Bidzos)
- To: mrr@scss3.cl.msu.edu
-
- Mark-
-
- As you can imagine, many changes have been proposed, and, I think,
- some good ones incorporated, in the most current form of the RSAREF
- license. These changes are based on constructive comments from over
- twenty people. These changes may encourage folks to distribute RSAREF
- and RIPEM who otherwise would not have.
-
- We plan to make all RSAREF applications (such as RIPEM) availble WITH
- RSAREF. Why shouldn't someone get all the stuff built on it if they
- get RSAREF? (Including helpful code such as the Thompson/Schiller
- emacs adapter.) I assume you have no objection.
-
- I'm hopeful that you see these changes as positive; please let me know
- if that's not true! I offer a summary of them, the rationale,
- perceived benefits, and a complete copy of the revised license.
-
- ------------------------------------------------------------------
-
- Here's a summary of the changes between what's attached (the one we
- plan to now "standardize" on for RSAREF) and what you sent me:
- [i.e., the September version of the license]
-
- changed 1(a) and added (8): the license is now perpetual. Some have
- claimed RSA might "suddenly" decide to cancel RSAREF licenses. It is
- now crystal clear that the license can only be cancelled by violating
- the agreement. RSA cannot cancel it at its discretion. And even if you
- violate it, it doesn't cancel the license of those who got it from
- you. I think this is an importnat clarification, from what I've heard.
-
- changed 1(c) and added 2(d): We don't care about any porting or
- performance mods, but we don't feel we should allow automatic access
- under the normal interface. We've granted it to you since RIPEM
- predates RSAREF (also to John Gilmore for a secure RLOGIN using
- Diffie-Hellman) and we'll grant it to anyone for any reasonable use.
- (We state so in the Agreement.) We just want to know what it is we're
- allowing to go around the interface. [i.e., modifying the published
- API for RSAREF, or using internal, undocumented routines.]
-
- End of Section 1 - a clarification in the form of an addition is made
- here. Some have said that unrelated software on a tape with RSAREF
- could be covered by the restrictions imposed on RSAREF Application
- Programs. This should clear that up. (I believe this helps you in the
- separate distribution of the RIPEM code minus the RSAREF code.)
-
- changed (6): We simply have removed RSA's $5,000 cap on protecting
- RSAREF users against charges from some other patent holders. (Like
- PKP!) Some have claimed that RSAREF was posibly a way to "set up"
- users for PKP (the patent holders) since $5K was hardly enough to
- defend against patent infringement. (They actually thought RSAREF was
- a way to get people to infringe just so that PKP could sue them! RSA
- pays $5,000, but PKP collects more, therefore it's a 'you hold em, and
- I'll hit em' thing, or so I guess they thought.) I believe this makes
- it clear we intend to sue no one for using RSAREF, and in fact defend
- users ALL THE WAY if someone else does.
-
- I think these are all for the better, and will engender trust in RSA's
- intentions with RSAREF, to support free PEM.
-
- ---------------------------------------------------------------------
-
- New RSAREF License (December 1992 version)
-
- ----------------------------------------------------------------------
- RSA LABORATORIES
- PROGRAM LICENSE AGREEMENT
-
-
-
- RSA LABORATORIES, A DIVISION OF RSA DATA SECURITY, INC. ("RSA")
- GRANTS YOU A LICENSE AS FOLLOWS TO THE "RSAREF" PROGRAM:
-
- 1. LICENSE. RSA grants you a non-exclusive, non-transferable,
- perpetual (subject to the conditions of section 8) license
- for the "RSAREF" program (the "Program") and its associated
- documentation, subject to all of the following terms and
- conditions:
-
- a. to use the Program on any computer in your possession;
-
- b. to make copies of the Program for back-up purposes;
-
- c. to modify the Program in any manner for porting or
- performance improvement purposes (subject to Section 2)
- or to incorporate the Program into other computer programs
- for your own personal or internal use, provided that you
- provide RSA with a copy of any such modification or
- Application Program by electronic mail, and grant RSA
- a perpetual, royalty-free license to use and distribute
- such modifications and Application Programs on the terms
- set forth in this Agreement.
-
- d. to copy and distribute the Program and Application Programs
- in accordance with the limitations set forth in Section 2.
-
- "Application Programs" are programs which incorporate all or any
- portion of the Program in any form. The restrictions imposed on
- Application Programs in this Agreement shall not apply to any software
- which, through the mere aggregation on distribution media, is
- co-located or stored with the Program.
-
- 2. LIMITATIONS ON LICENSE.
-
- a. RSA owns the Program and its associated documentation and
- all copyrights therein. You may only use, copy, modify and
- distribute the Program as expressly provided for in this
- Agreement. You must reproduce and include this Agreement,
- RSA's copyright notices and disclaimer of warranty on any
- copy and its associated documentation.
-
- b. The Program and all Application Programs are to be used only
- for non-commercial purposes. However, media costs associated
- with the distribution of the Program or Application Programs
- may be recovered.
-
- c. The Program, if modified, must carry prominent notices
- stating that changes have been made, and the dates of any
- such changes.
-
- d. Prior permission from RSA is required for
- any modifications that access the Program through ways
- other than the published Program interface or for
- modifications to the Program interface. RSA will grant
- all reasonable requests for permission to make such
- modifications.
-
- 3. NO RSA OBLIGATION. You are solely responsible for all of your
- costs and expenses incurred in connection with the distribution
- of the Program or any Application Program hereunder, and RSA
- shall have no liability, obligation or responsibility therefor.
- RSA shall have no obligation to provide maintenance, support,
- upgrades or new releases to you or to any distributee of the
- Program or any Application Program.
-
- 4. NO WARRANTY OF PERFORMANCE. THE PROGRAM AND ITS ASSOCIATED
- DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR
- PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
- PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
- THE PROGRAM IS ASSUMED BY YOU AND YOUR DISTRIBUTEES. SHOULD THE
- PROGRAM PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT RSA)
- ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
- CORRECTION.
-
- 5. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN
- SECTION 6 HEREINUNDER, NEITHER RSA NOR ANY OTHER PERSON WHO HAS
- BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
- PROGRAM SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
- DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF RSA HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 6. PATENT INFRINGEMENT OBLIGATION. Subject to the limitations set
- forth below, RSA, at its own expense, shall: (i) defend, or at
- its option settle, any claim, suit or proceeding against you on
- the basis of infringement of any United States patent in the
- field of cryptography by the unmodified Program; and (ii) pay
- any final judgment or settlement entered against you on such
- issue in any such suit or proceeding defended by RSA. The
- obligations of RSA under this Section 6 are subject to:
- (i) RSA's having sole control of the defense of any such claim,
- suit or proceeding; (ii) your notifying RSA promptly in writing
- of each such claim, suit or proceeding and giving RSA authority
- to proceed as stated in this Section 6; and (iii) your giving
- RSA all information known to you relating to such claim,
- suit or proceeding and cooperating with RSA to defend any such
- claim, suit or proceeding. RSA shall have no obligation under
- this Section 6 with respect to any claim to the extent it is
- based upon (A) use of the Program as modified by any person
- other than RSA or use of any Application Program, where use
- of the unmodified Program would not constitute an infringement,
- or (B) use of the Program in a manner other than that permitted
- by this Agreement. THIS SECTION 6 SETS FORTH RSA'S ENTIRE
- OBLIGATION AND YOUR EXCLUSIVE REMEDIES CONCERNING CLAIMS FOR
- PROPRIETARY RIGHTS INFRINGEMENT.
-
- NOTE: Portions of the Program practice methods described in and
- subject to U.S. Patents Nos. 4,200,770, 4,218,582 and 4,405,829,
- and all foreign counterparts and equivalents, issued to Leland
- Stanford Jr. University and to Massachusetts Institute of
- Technology. Such patents are licensed to RSA by Public Key
- Partners of Sunnyvale, California, the holder of exclusive
- licensing rights. This Agreement does not grant or convey any
- interest whatsoever in such patents.
-
- 7. RSAREF is a non-commercial publication of cryptographic
- techniques. Portions of RSAREF have been published in the
- International Security Handbook and the August 1992 issue of Dr.
- Dobb's Journal. Privacy applications developed with RSAREF may be
- subject to export controls. If you are located in the United States
- and develop such applications, you are advised to consult with the
- State Department's Office of Defense Trade Controls.
-
- 8. TERM. The license granted hereunder is effective until
- terminated. You may terminate it at anytime by destroying
- the Program and its associated documentation. The termination
- of your license will not result in the termination of the
- licenses of any distributees who have received rights to the
- Program through you so long as they are in compliance with
- the provisions of this license.
-
-
- -----------------------------------------------------------------
-