1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
|
*****************************************************************************
Copyrights
*****************************************************************************
DomainKeys is a registered trademark of Yahoo!
MDaemon and all parts thereof are copyright (c) 1996-2009 Alt-N Technologies,
Ltd and may not be used, copied or distributed except as expressly authorized
by the MDaemon EULA (see the \MDaemon\Docs\ directory).
MDaemon is a registered trademark of Alt-N Technologies, Ltd.
*****************************************************************************
Yahoo! DomainKeys Patent License Agreement v1.0
*****************************************************************************
Yahoo! DomainKeys Patent License Agreement v1.0 (this "Agreement")
Copyright (c) 2004, Yahoo! Inc. All rights reserved.
You agree to be bound by all the terms and conditions set forth below and,
subject to those terms and conditions, You may use the intellectual property
described below.
1. LICENSE GRANT.
1.1. Subject to the terms and conditions of this Agreement, DomainKeys
Developer hereby grants You, a royalty-free, worldwide, sub-licensable,
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" means Yahoo! Inc. ("Yahoo!") or any licensee or
sublicensee (direct or indirect) of the Yahoo! Patent Claims.
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. "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
2.4. "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 Patent Application Ser. Nos. 10/671,319,
filed Sep. 24, 2003, or 10/805,181, filed Mar. 19, 2004.
2.5. "You" or "Your" means an individual, company, or other legal entity
exercising rights under this Agreement. Any individual exercising rights under
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!, or any other DomainKeys Developer,
a patent infringement claim against any Implementation ("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 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 or
Implementations without specific prior written permission of Yahoo!.
"DomainKeys" is a trademark of Yahoo!. However, You may state Your
Implementation is "DomainKeys compliant", "supports DomainKeys", or is
"DomainKeys-enabled", without citation to Yahoo!, but You should create Your own
product names or trademarks for Your specific Implementations and the term
"DomainKeys" shall not be used by You in or as part of a name for Your specific
Implementations.
3.4. You may choose to distribute Implementations under this Agreement or a
separate agreement, including without limitation a sublicense agreement,
provided that:
(a) such agreement complies with the terms and conditions of this Agreement;
(b) a copy of this Agreement or the separate agreement is included with each
copy of the Implementations along with the following prominently displayed
statement: "By making, using, selling, offering for sale, and/or importing
this product, you agree to the terms and conditions of the Yahoo! DomainKeys
Patent License Agreement or other separate agreement contained herein."; and
(c) if distributed under a separate agreement, such separate agreement must
contain terms no less protective of DomainKeys Developers than the terms and
conditions of this Agreement, including, without limitation, Sections 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 jurisdiction 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, update or modify the terms
of this Agreement. If Yahoo! makes such a modification, 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. The term of this Agreement is perpetual unless terminated as set forth
below. 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
(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 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.
4. LEGAL DISCLAIMERS.
4.1. THE YAHOO! PATENT CLAIMS, THIS AGREEMENT, THE DOMAINKEYS TRADEMARK, AND
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 any
DomainKeys Developer 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 or other intellectual property rights of any other
entity. All 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, if any.
4.3. DOMAINKEYS DEVELOPER 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.
|
