From jim@RSA.COM Tue Dec 22 15:12:47 1992
Received: from RSA.COM (CHIRALITY.RSA.COM) by scss3.cl.msu.edu (4.1/4.7) id AA17130; Tue, 22 Dec 92 15:12:44 EST
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Date: Tue, 22 Dec 92 12:10:27 PST
From: jim@RSA.COM (Jim Bidzos)
Message-Id: <9212222010.AA22792@RSA.COM>
To: mrr@scss3.cl.msu.edu
In-Reply-To: Mark Riordan's message of Tue, 22 Dec 1992 13:21:03 -0500 <9212221821.AA16897@scss3.cl.msu.edu>
Subject: RIPEM message for your approval
Status: ORSr



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.

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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:

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.

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.

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New RSAREF License (December 1992 version)

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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.


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