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diff --git a/licenses/yahoo-patent-license-1.2 b/licenses/yahoo-patent-license-1.2 new file mode 100644 index 000000000..144257ac9 --- /dev/null +++ b/licenses/yahoo-patent-license-1.2 @@ -0,0 +1,167 @@ +Yahoo! DomainKeys Patent License Agreement v1.2 + +Copyright (c) 2006, Yahoo! Inc. +All rights reserved. + +This Yahoo! DomainKeys Patent License Agreement (this "Agreement") is +between Yahoo! Inc. ("Yahoo!") and you ("Licensee"). By attempting to +exercise any rights granted under this Agreement, Licensee agrees to be +bound by all the terms and conditions set forth below, and subject to those +terms and conditions, Licensee may use the intellectual property described +below. + +1. LICENSE GRANT. + +1.1. Subject to the terms and conditions of this Agreement, Licensor hereby +grants You a royalty-free, perpetual, worldwide, sublicensable, +non-exclusive license under its rights to the Yahoo! Patent Claims to make, +use, sell, offer for sale, and/or import Implementations. + +2. DEFINITIONS. + +2.1. "DomainKeys Developer(s)" means Yahoo, Inc. ("Yahoo!"), Licensor, +and/or any other individual or entity who distributes Implementations under +this Agreement. + +2.2. "Implementations" means the specific portions of a hardware or +software implementation expressly required to be compliant with the +Specifications for the sole purpose of a sender verification solution in +connection with e-mail. + +2.3. "Licensor" means Yahoo! or any other individual or entity that elects +to use this Agreement to license Yahoo! Patent Claims to any licensee. + +2.4. "Specifications" means the specification having submission ID +"draft-delany-domainkeys-base-01.txt" dated Aug 2004 published through the +IETF (Internet Engineering Task Force). The Specifications may be found at +the following link: +http://antispam.yahoo.com/domainkeys/draft-delany-domainkeys-base-01.txt + +2.5. "Yahoo! Patent Claims" shall mean those claims of all Yahoo! foreign +and domestic patents and patent applications that base their priority on +U.S. Provisional Patent Application Ser. Nos. 60/497,794, filed Aug. 26, +2003, or 60/553,300, filed Mar. 15, 2004, or U.S. Patent Application Ser. +Nos. 10/671,319, filed Sep. 24, 2003, or 10/805,181, filed Mar. 19, 2004. + +2.6. "You" or "Your" means an individual, company, or other legal entity +exercising any rights under this Agreement. Any individual who accepts the +terms and conditions of this Agreement on behalf of a company or other +legal entity represents and warrants that the individual has the authority +to enter into this Agreement on behalf of the company or other legal +entity. + +3. TERMS. + +3.1. You agree not to assert against Yahoo!, any other DomainKeys Developer +or any of their respective licensees under Section 3.4, a patent +infringement claim based on the manufacture, use, sale, offer for sale +and/or importation of any Implementations ("Implementation IP Claim"). + +3.2. To indicate your assent to the terms and conditions of this Agreement +and in order to obtain a license to make, use, sell, offer for sale, and/or +import Implementations, You must include, attach or preserve the following +prominently displayed statement in the source code and object code of any +such Implementations: "This code incorporates intellectual property owned +by Yahoo! and licensed pursuant to the Yahoo! DomainKeys Patent License +Agreement.". + +3.3. You will not use the name of Yahoo! to endorse or promote any +products, services, or Implementations without specific prior written +permission of Yahoo!. "DomainKeys" is a trademark of Yahoo!. However, You +may state Your Implementations are "DomainKeys compliant", "supports +DomainKeys", or is "DomainKeys-enabled", without citation to Yahoo!. You +must create Your own product or service names or trademarks for Your +Implementations and You agree not to use the term "DomainKeys" in or as +part of a name or trademark for Your Implementations. + +3.4. You may choose to distribute Implementations under this Agreement or a +different agreement, provided that: + + (a) a copy of this Agreement or the different agreement is included with + each Implementation along with the following prominently displayed + statement: "By making, using, selling, offering for sale, importing, + and/or sublicensing Implementations as permitted, you agree to the terms + and conditions of the Yahoo! DomainKeys Patent License Agreement or + other agreement contained herein."; and + + (b) if distributed under a different agreement, such different agreement + contains terms and conditions that (i) provide no fewer rights, + privileges and immunities to DomainKeys Developers than the terms and + conditions of this Agreement, including, without limitation, Sections + 1.1, 3.1, 3.4, 3.7, 4.1, 4.2, and 4.3. + +3.5. You acknowledge that implementations of the Specifications may be +subject to U.S. export restriction and other applicable national and +international laws. You agree to comply with all export, re-export, or +import restrictions, laws, or regulations. + +3.6. Yahoo!, and only Yahoo!, may, from time to time and at its sole +discretion, update or modify the terms of this Agreement. If Yahoo! makes +any such modifications, You may continue under the terms and conditions of +this Agreement or agree to the updated or modified terms and conditions. +For the most recent version of this Agreement please contact Yahoo!. + +3.7. This Agreement and the rights hereunder will terminate: + + (a) automatically without notice from Yahoo!, if You at any time during + the term of this Agreement assert any Implementation IP Claim against + Yahoo!; + + (b) upon written notice from Yahoo!, if You at any time during the term + of this Agreement assert any Implementation IP Claim against any + DomainKeys Developer (other than Yahoo!) or any licensees of any + DomainKeys Developer; or + + (c) where (a) or (b) do not apply, automatically without notice from + Yahoo!, if You fail to comply with any term(s) of this Agreement and + fail to cure such breach within 30 days of You becoming aware of such + breach. + +3.8. This Agreement constitutes the entire agreement between the parties +with respect to the subject matter hereof. This Agreement shall be governed +by and construed under the laws of the United States and the State of +California without giving effect to California conflict of law provisions +or to construction provisions favoring either party. All actions arising +out of or relating to this Agreement that involve Yahoo! as a party will be +adjudicated exclusively by the Superior Court of the State of California +for the County of Santa Clara or the United States District Court for the +Northern District of California. + +3.9. In the event that any provision of this Agreement is deemed to be +invalid, such invalidity shall not affect the remainder of this Agreement. + +4. LEGAL DISCLAIMERS. + +4.1. THE YAHOO! PATENT CLAIMS, THIS AGREEMENT, THE DOMAINKEYS TRADEMARK, +AND THE SPECIFICATIONS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT +REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR +IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR +CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A +PARTICULAR PURPOSE. You are solely responsible for determining the +appropriateness of exercising any rights under this Agreement and using the +Specifications and the DomainKeys trademark and assume all risks associated +in connection therewith, including, but not limited to, the risks and costs +of program errors, compliance with applicable laws, damage to or loss of +data, programs or equipment, and unavailability or interruption of +operations. + +4.2. You expressly acknowledge and agree that no assurances are provided by +DomainKeys Developers with respect to the validity of the Yahoo! Patent +Claims or that the Specifications, the DomainKeys trademark or any +implementations related to the Specifications or the DomainKeys trademark +do not infringe or misappropriate the patent, trademark or other +intellectual property rights of any other entity. DomainKeys Developers +disclaim any liability to You for claims brought by any other person or +entity based on infringement or misappropriation of intellectual property +rights or otherwise. As a condition to exercising the rights and licenses +granted hereunder, You hereby assume sole responsibility to secure any +other intellectual property rights needed. + +4.3. DOMAINKEYS DEVELOPERS SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT, +INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES +(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY +THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT +(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE EXERCISE +OF ANY RIGHTS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF +SUCH DAMAGES, AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL +OF THEIR ESSENTIAL PURPOSE. |