/[gentoo-x86]/licenses/yahoo-patent-license-1.2
Gentoo

Contents of /licenses/yahoo-patent-license-1.2

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Sat Sep 1 09:09:21 2012 UTC (2 years, 3 months ago) by qnikst
Branch: MAIN
CVS Tags: HEAD
adding yahoo-patent-license-1.2 #262919

1 Yahoo! DomainKeys Patent License Agreement v1.2
2
3 Copyright (c) 2006, Yahoo! Inc.
4 All rights reserved.
5
6 This Yahoo! DomainKeys Patent License Agreement (this "Agreement") is
7 between Yahoo! Inc. ("Yahoo!") and you ("Licensee"). By attempting to
8 exercise any rights granted under this Agreement, Licensee agrees to be
9 bound by all the terms and conditions set forth below, and subject to those
10 terms and conditions, Licensee may use the intellectual property described
11 below.
12
13 1. LICENSE GRANT.
14
15 1.1. Subject to the terms and conditions of this Agreement, Licensor hereby
16 grants You a royalty-free, perpetual, worldwide, sublicensable,
17 non-exclusive license under its rights to the Yahoo! Patent Claims to make,
18 use, sell, offer for sale, and/or import Implementations.
19
20 2. DEFINITIONS.
21
22 2.1. "DomainKeys Developer(s)" means Yahoo, Inc. ("Yahoo!"), Licensor,
23 and/or any other individual or entity who distributes Implementations under
24 this Agreement.
25
26 2.2. "Implementations" means the specific portions of a hardware or
27 software implementation expressly required to be compliant with the
28 Specifications for the sole purpose of a sender verification solution in
29 connection with e-mail.
30
31 2.3. "Licensor" means Yahoo! or any other individual or entity that elects
32 to use this Agreement to license Yahoo! Patent Claims to any licensee.
33
34 2.4. "Specifications" means the specification having submission ID
35 "draft-delany-domainkeys-base-01.txt" dated Aug 2004 published through the
36 IETF (Internet Engineering Task Force). The Specifications may be found at
37 the following link:
38 http://antispam.yahoo.com/domainkeys/draft-delany-domainkeys-base-01.txt
39
40 2.5. "Yahoo! Patent Claims" shall mean those claims of all Yahoo! foreign
41 and domestic patents and patent applications that base their priority on
42 U.S. Provisional Patent Application Ser. Nos. 60/497,794, filed Aug. 26,
43 2003, or 60/553,300, filed Mar. 15, 2004, or U.S. Patent Application Ser.
44 Nos. 10/671,319, filed Sep. 24, 2003, or 10/805,181, filed Mar. 19, 2004.
45
46 2.6. "You" or "Your" means an individual, company, or other legal entity
47 exercising any rights under this Agreement. Any individual who accepts the
48 terms and conditions of this Agreement on behalf of a company or other
49 legal entity represents and warrants that the individual has the authority
50 to enter into this Agreement on behalf of the company or other legal
51 entity.
52
53 3. TERMS.
54
55 3.1. You agree not to assert against Yahoo!, any other DomainKeys Developer
56 or any of their respective licensees under Section 3.4, a patent
57 infringement claim based on the manufacture, use, sale, offer for sale
58 and/or importation of any Implementations ("Implementation IP Claim").
59
60 3.2. To indicate your assent to the terms and conditions of this Agreement
61 and in order to obtain a license to make, use, sell, offer for sale, and/or
62 import Implementations, You must include, attach or preserve the following
63 prominently displayed statement in the source code and object code of any
64 such Implementations: "This code incorporates intellectual property owned
65 by Yahoo! and licensed pursuant to the Yahoo! DomainKeys Patent License
66 Agreement.".
67
68 3.3. You will not use the name of Yahoo! to endorse or promote any
69 products, services, or Implementations without specific prior written
70 permission of Yahoo!. "DomainKeys" is a trademark of Yahoo!. However, You
71 may state Your Implementations are "DomainKeys compliant", "supports
72 DomainKeys", or is "DomainKeys-enabled", without citation to Yahoo!. You
73 must create Your own product or service names or trademarks for Your
74 Implementations and You agree not to use the term "DomainKeys" in or as
75 part of a name or trademark for Your Implementations.
76
77 3.4. You may choose to distribute Implementations under this Agreement or a
78 different agreement, provided that:
79
80 (a) a copy of this Agreement or the different agreement is included with
81 each Implementation along with the following prominently displayed
82 statement: "By making, using, selling, offering for sale, importing,
83 and/or sublicensing Implementations as permitted, you agree to the terms
84 and conditions of the Yahoo! DomainKeys Patent License Agreement or
85 other agreement contained herein."; and
86
87 (b) if distributed under a different agreement, such different agreement
88 contains terms and conditions that (i) provide no fewer rights,
89 privileges and immunities to DomainKeys Developers than the terms and
90 conditions of this Agreement, including, without limitation, Sections
91 1.1, 3.1, 3.4, 3.7, 4.1, 4.2, and 4.3.
92
93 3.5. You acknowledge that implementations of the Specifications may be
94 subject to U.S. export restriction and other applicable national and
95 international laws. You agree to comply with all export, re-export, or
96 import restrictions, laws, or regulations.
97
98 3.6. Yahoo!, and only Yahoo!, may, from time to time and at its sole
99 discretion, update or modify the terms of this Agreement. If Yahoo! makes
100 any such modifications, You may continue under the terms and conditions of
101 this Agreement or agree to the updated or modified terms and conditions.
102 For the most recent version of this Agreement please contact Yahoo!.
103
104 3.7. This Agreement and the rights hereunder will terminate:
105
106 (a) automatically without notice from Yahoo!, if You at any time during
107 the term of this Agreement assert any Implementation IP Claim against
108 Yahoo!;
109
110 (b) upon written notice from Yahoo!, if You at any time during the term
111 of this Agreement assert any Implementation IP Claim against any
112 DomainKeys Developer (other than Yahoo!) or any licensees of any
113 DomainKeys Developer; or
114
115 (c) where (a) or (b) do not apply, automatically without notice from
116 Yahoo!, if You fail to comply with any term(s) of this Agreement and
117 fail to cure such breach within 30 days of You becoming aware of such
118 breach.
119
120 3.8. This Agreement constitutes the entire agreement between the parties
121 with respect to the subject matter hereof. This Agreement shall be governed
122 by and construed under the laws of the United States and the State of
123 California without giving effect to California conflict of law provisions
124 or to construction provisions favoring either party. All actions arising
125 out of or relating to this Agreement that involve Yahoo! as a party will be
126 adjudicated exclusively by the Superior Court of the State of California
127 for the County of Santa Clara or the United States District Court for the
128 Northern District of California.
129
130 3.9. In the event that any provision of this Agreement is deemed to be
131 invalid, such invalidity shall not affect the remainder of this Agreement.
132
133 4. LEGAL DISCLAIMERS.
134
135 4.1. THE YAHOO! PATENT CLAIMS, THIS AGREEMENT, THE DOMAINKEYS TRADEMARK,
136 AND THE SPECIFICATIONS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
137 REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
138 IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR
139 CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
140 PARTICULAR PURPOSE. You are solely responsible for determining the
141 appropriateness of exercising any rights under this Agreement and using the
142 Specifications and the DomainKeys trademark and assume all risks associated
143 in connection therewith, including, but not limited to, the risks and costs
144 of program errors, compliance with applicable laws, damage to or loss of
145 data, programs or equipment, and unavailability or interruption of
146 operations.
147
148 4.2. You expressly acknowledge and agree that no assurances are provided by
149 DomainKeys Developers with respect to the validity of the Yahoo! Patent
150 Claims or that the Specifications, the DomainKeys trademark or any
151 implementations related to the Specifications or the DomainKeys trademark
152 do not infringe or misappropriate the patent, trademark or other
153 intellectual property rights of any other entity. DomainKeys Developers
154 disclaim any liability to You for claims brought by any other person or
155 entity based on infringement or misappropriation of intellectual property
156 rights or otherwise. As a condition to exercising the rights and licenses
157 granted hereunder, You hereby assume sole responsibility to secure any
158 other intellectual property rights needed.
159
160 4.3. DOMAINKEYS DEVELOPERS SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT,
161 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
162 (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
163 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
164 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE EXERCISE
165 OF ANY RIGHTS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
166 SUCH DAMAGES, AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL
167 OF THEIR ESSENTIAL PURPOSE.

  ViewVC Help
Powered by ViewVC 1.1.20