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-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.