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: 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. --------------------------------------------------------------------- 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. -----------------------------------------------------------------