LICENSE revision 1.1.1.2 1 LICENSE - SECURE MAILER
2
3 This software is dual-licensed under both the Eclipse Public License
4 version 2.0 and the IBM Public License version 1.0, for those who
5 are more comfortable continuing with that license. Recipients can
6 choose to take the software under the license of their choice.
7
8 The remainder of this text contains a copy of each license.
9
10 Eclipse Public License - v 2.0
11
12 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
13 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
14 OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
15
16 1. DEFINITIONS
17
18 "Contribution" means:
19
20 a) in the case of the initial Contributor, the initial content
21 Distributed under this Agreement, and
22
23 b) in the case of each subsequent Contributor:
24 i) changes to the Program, and
25 ii) additions to the Program;
26 where such changes and/or additions to the Program originate from
27 and are Distributed by that particular Contributor. A Contribution
28 "originates" from a Contributor if it was added to the Program by
29 such Contributor itself or anyone acting on such Contributor's behalf.
30 Contributions do not include changes or additions to the Program that
31 are not Modified Works.
32
33 "Contributor" means any person or entity that Distributes the Program.
34
35 "Licensed Patents" mean patent claims licensable by a Contributor which
36 are necessarily infringed by the use or sale of its Contribution alone
37 or when combined with the Program.
38
39 "Program" means the Contributions Distributed in accordance with this
40 Agreement.
41
42 "Recipient" means anyone who receives the Program under this Agreement
43 or any Secondary License (as applicable), including Contributors.
44
45 "Derivative Works" shall mean any work, whether in Source Code or other
46 form, that is based on (or derived from) the Program and for which the
47 editorial revisions, annotations, elaborations, or other modifications
48 represent, as a whole, an original work of authorship.
49
50 "Modified Works" shall mean any work in Source Code or other form that
51 results from an addition to, deletion from, or modification of the
52 contents of the Program, including, for purposes of clarity any new file
53 in Source Code form that contains any contents of the Program. Modified
54 Works shall not include works that contain only declarations,
55 interfaces, types, classes, structures, or files of the Program solely
56 in each case in order to link to, bind by name, or subclass the Program
57 or Modified Works thereof.
58
59 "Distribute" means the acts of a) distributing or b) making available
60 in any manner that enables the transfer of a copy.
61
62 "Source Code" means the form of a Program preferred for making
63 modifications, including but not limited to software source code,
64 documentation source, and configuration files.
65
66 "Secondary License" means either the GNU General Public License,
67 Version 2.0, or any later versions of that license, including any
68 exceptions or additional permissions as identified by the initial
69 Contributor.
70
71 2. GRANT OF RIGHTS
72
73 a) Subject to the terms of this Agreement, each Contributor hereby
74 grants Recipient a non-exclusive, worldwide, royalty-free copyright
75 license to reproduce, prepare Derivative Works of, publicly display,
76 publicly perform, Distribute and sublicense the Contribution of such
77 Contributor, if any, and such Derivative Works.
78
79 b) Subject to the terms of this Agreement, each Contributor hereby
80 grants Recipient a non-exclusive, worldwide, royalty-free patent
81 license under Licensed Patents to make, use, sell, offer to sell,
82 import and otherwise transfer the Contribution of such Contributor,
83 if any, in Source Code or other form. This patent license shall
84 apply to the combination of the Contribution and the Program if, at
85 the time the Contribution is added by the Contributor, such addition
86 of the Contribution causes such combination to be covered by the
87 Licensed Patents. The patent license shall not apply to any other
88 combinations which include the Contribution. No hardware per se is
89 licensed hereunder.
90
91 c) Recipient understands that although each Contributor grants the
92 licenses to its Contributions set forth herein, no assurances are
93 provided by any Contributor that the Program does not infringe the
94 patent or other intellectual property rights of any other entity.
95 Each Contributor disclaims any liability to Recipient for claims
96 brought by any other entity based on infringement of intellectual
97 property rights or otherwise. As a condition to exercising the
98 rights and licenses granted hereunder, each Recipient hereby
99 assumes sole responsibility to secure any other intellectual
100 property rights needed, if any. For example, if a third party
101 patent license is required to allow Recipient to Distribute the
102 Program, it is Recipient's responsibility to acquire that license
103 before distributing the Program.
104
105 d) Each Contributor represents that to its knowledge it has
106 sufficient copyright rights in its Contribution, if any, to grant
107 the copyright license set forth in this Agreement.
108
109 e) Notwithstanding the terms of any Secondary License, no
110 Contributor makes additional grants to any Recipient (other than
111 those set forth in this Agreement) as a result of such Recipient's
112 receipt of the Program under the terms of a Secondary License
113 (if permitted under the terms of Section 3).
114
115 3. REQUIREMENTS
116
117 3.1 If a Contributor Distributes the Program in any form, then:
118
119 a) the Program must also be made available as Source Code, in
120 accordance with section 3.2, and the Contributor must accompany
121 the Program with a statement that the Source Code for the Program
122 is available under this Agreement, and informs Recipients how to
123 obtain it in a reasonable manner on or through a medium customarily
124 used for software exchange; and
125
126 b) the Contributor may Distribute the Program under a license
127 different than this Agreement, provided that such license:
128 i) effectively disclaims on behalf of all other Contributors all
129 warranties and conditions, express and implied, including
130 warranties or conditions of title and non-infringement, and
131 implied warranties or conditions of merchantability and fitness
132 for a particular purpose;
133
134 ii) effectively excludes on behalf of all other Contributors all
135 liability for damages, including direct, indirect, special,
136 incidental and consequential damages, such as lost profits;
137
138 iii) does not attempt to limit or alter the recipients' rights
139 in the Source Code under section 3.2; and
140
141 iv) requires any subsequent distribution of the Program by any
142 party to be under a license that satisfies the requirements
143 of this section 3.
144
145 3.2 When the Program is Distributed as Source Code:
146
147 a) it must be made available under this Agreement, or if the
148 Program (i) is combined with other material in a separate file or
149 files made available under a Secondary License, and (ii) the initial
150 Contributor attached to the Source Code the notice described in
151 Exhibit A of this Agreement, then the Program may be made available
152 under the terms of such Secondary Licenses, and
153
154 b) a copy of this Agreement must be included with each copy of
155 the Program.
156
157 3.3 Contributors may not remove or alter any copyright, patent,
158 trademark, attribution notices, disclaimers of warranty, or limitations
159 of liability ("notices") contained within the Program from any copy of
160 the Program which they Distribute, provided that Contributors may add
161 their own appropriate notices.
162
163 4. COMMERCIAL DISTRIBUTION
164
165 Commercial distributors of software may accept certain responsibilities
166 with respect to end users, business partners and the like. While this
167 license is intended to facilitate the commercial use of the Program,
168 the Contributor who includes the Program in a commercial product
169 offering should do so in a manner which does not create potential
170 liability for other Contributors. Therefore, if a Contributor includes
171 the Program in a commercial product offering, such Contributor
172 ("Commercial Contributor") hereby agrees to defend and indemnify every
173 other Contributor ("Indemnified Contributor") against any losses,
174 damages and costs (collectively "Losses") arising from claims, lawsuits
175 and other legal actions brought by a third party against the Indemnified
176 Contributor to the extent caused by the acts or omissions of such
177 Commercial Contributor in connection with its distribution of the Program
178 in a commercial product offering. The obligations in this section do not
179 apply to any claims or Losses relating to any actual or alleged
180 intellectual property infringement. In order to qualify, an Indemnified
181 Contributor must: a) promptly notify the Commercial Contributor in
182 writing of such claim, and b) allow the Commercial Contributor to control,
183 and cooperate with the Commercial Contributor in, the defense and any
184 related settlement negotiations. The Indemnified Contributor may
185 participate in any such claim at its own expense.
186
187 For example, a Contributor might include the Program in a commercial
188 product offering, Product X. That Contributor is then a Commercial
189 Contributor. If that Commercial Contributor then makes performance
190 claims, or offers warranties related to Product X, those performance
191 claims and warranties are such Commercial Contributor's responsibility
192 alone. Under this section, the Commercial Contributor would have to
193 defend claims against the other Contributors related to those performance
194 claims and warranties, and if a court requires any other Contributor to
195 pay any damages as a result, the Commercial Contributor must pay
196 those damages.
197
198 5. NO WARRANTY
199
200 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
201 PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
202 BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
203 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
204 TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
205 PURPOSE. Each Recipient is solely responsible for determining the
206 appropriateness of using and distributing the Program and assumes all
207 risks associated with its exercise of rights under this Agreement,
208 including but not limited to the risks and costs of program errors,
209 compliance with applicable laws, damage to or loss of data, programs
210 or equipment, and unavailability or interruption of operations.
211
212 6. DISCLAIMER OF LIABILITY
213
214 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
215 PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
216 SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
217 EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
218 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
219 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
220 ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
221 EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
222 POSSIBILITY OF SUCH DAMAGES.
223
224 7. GENERAL
225
226 If any provision of this Agreement is invalid or unenforceable under
227 applicable law, it shall not affect the validity or enforceability of
228 the remainder of the terms of this Agreement, and without further
229 action by the parties hereto, such provision shall be reformed to the
230 minimum extent necessary to make such provision valid and enforceable.
231
232 If Recipient institutes patent litigation against any entity
233 (including a cross-claim or counterclaim in a lawsuit) alleging that the
234 Program itself (excluding combinations of the Program with other software
235 or hardware) infringes such Recipient's patent(s), then such Recipient's
236 rights granted under Section 2(b) shall terminate as of the date such
237 litigation is filed.
238
239 All Recipient's rights under this Agreement shall terminate if it
240 fails to comply with any of the material terms or conditions of this
241 Agreement and does not cure such failure in a reasonable period of
242 time after becoming aware of such noncompliance. If all Recipient's
243 rights under this Agreement terminate, Recipient agrees to cease use
244 and distribution of the Program as soon as reasonably practicable.
245 However, Recipient's obligations under this Agreement and any licenses
246 granted by Recipient relating to the Program shall continue and survive.
247
248 Everyone is permitted to copy and distribute copies of this Agreement,
249 but in order to avoid inconsistency the Agreement is copyrighted and
250 may only be modified in the following manner. The Agreement Steward
251 reserves the right to publish new versions (including revisions) of
252 this Agreement from time to time. No one other than the Agreement
253 Steward has the right to modify this Agreement. The Eclipse Foundation
254 is the initial Agreement Steward. The Eclipse Foundation may assign the
255 responsibility to serve as the Agreement Steward to a suitable separate
256 entity. Each new version of the Agreement will be given a distinguishing
257 version number. The Program (including Contributions) may always be
258 Distributed subject to the version of the Agreement under which it was
259 received. In addition, after a new version of the Agreement is published,
260 Contributor may elect to Distribute the Program (including its
261 Contributions) under the new version.
262
263 Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
264 receives no rights or licenses to the intellectual property of any
265 Contributor under this Agreement, whether expressly, by implication,
266 estoppel or otherwise. All rights in the Program not expressly granted
267 under this Agreement are reserved. Nothing in this Agreement is intended
268 to be enforceable by any entity that is not a Contributor or Recipient.
269 No third-party beneficiary rights are created under this Agreement.
270
271 Exhibit A - Form of Secondary Licenses Notice
272
273 "This Source Code may also be made available under the following
274 Secondary Licenses when the conditions for such availability set forth
275 in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
276 version(s), and exceptions or additional permissions here}."
277
278 Simply including a copy of this Agreement, including this Exhibit A
279 is not sufficient to license the Source Code under Secondary Licenses.
280
281 If it is not possible or desirable to put the notice in a particular
282 file, then You may include the notice in a location (such as a LICENSE
283 file in a relevant directory) where a recipient would be likely to
284 look for such a notice.
285
286 You may add additional accurate notices of copyright ownership.
287
288 IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER
289
290 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC
291 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
292 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
293
294 1. DEFINITIONS
295
296 "Contribution" means:
297 a) in the case of International Business Machines Corporation ("IBM"),
298 the Original Program, and
299 b) in the case of each Contributor,
300 i) changes to the Program, and
301 ii) additions to the Program;
302 where such changes and/or additions to the Program originate
303 from and are distributed by that particular Contributor.
304 A Contribution 'originates' from a Contributor if it was added
305 to the Program by such Contributor itself or anyone acting on
306 such Contributor's behalf.
307 Contributions do not include additions to the Program which:
308 (i) are separate modules of software distributed in conjunction
309 with the Program under their own license agreement, and
310 (ii) are not derivative works of the Program.
311
312 "Contributor" means IBM and any other entity that distributes the Program.
313
314 "Licensed Patents " mean patent claims licensable by a Contributor which
315 are necessarily infringed by the use or sale of its Contribution alone
316 or when combined with the Program.
317
318 "Original Program" means the original version of the software accompanying
319 this Agreement as released by IBM, including source code, object code
320 and documentation, if any.
321
322 "Program" means the Original Program and Contributions.
323
324 "Recipient" means anyone who receives the Program under this Agreement,
325 including all Contributors.
326
327 2. GRANT OF RIGHTS
328
329 a) Subject to the terms of this Agreement, each Contributor hereby
330 grants Recipient a non-exclusive, worldwide, royalty-free copyright
331 license to reproduce, prepare derivative works of, publicly display,
332 publicly perform, distribute and sublicense the Contribution of such
333 Contributor, if any, and such derivative works, in source code and
334 object code form.
335
336 b) Subject to the terms of this Agreement, each Contributor hereby
337 grants Recipient a non-exclusive, worldwide, royalty-free patent
338 license under Licensed Patents to make, use, sell, offer to sell,
339 import and otherwise transfer the Contribution of such Contributor,
340 if any, in source code and object code form. This patent license
341 shall apply to the combination of the Contribution and the Program
342 if, at the time the Contribution is added by the Contributor, such
343 addition of the Contribution causes such combination to be covered
344 by the Licensed Patents. The patent license shall not apply to any
345 other combinations which include the Contribution. No hardware per
346 se is licensed hereunder.
347
348 c) Recipient understands that although each Contributor grants the
349 licenses to its Contributions set forth herein, no assurances are
350 provided by any Contributor that the Program does not infringe the
351 patent or other intellectual property rights of any other entity.
352 Each Contributor disclaims any liability to Recipient for claims
353 brought by any other entity based on infringement of intellectual
354 property rights or otherwise. As a condition to exercising the rights
355 and licenses granted hereunder, each Recipient hereby assumes sole
356 responsibility to secure any other intellectual property rights
357 needed, if any. For example, if a third party patent license
358 is required to allow Recipient to distribute the Program, it is
359 Recipient's responsibility to acquire that license before distributing
360 the Program.
361
362 d) Each Contributor represents that to its knowledge it has sufficient
363 copyright rights in its Contribution, if any, to grant the copyright
364 license set forth in this Agreement.
365
366 3. REQUIREMENTS
367
368 A Contributor may choose to distribute the Program in object code form
369 under its own license agreement, provided that:
370 a) it complies with the terms and conditions of this Agreement; and
371 b) its license agreement:
372 i) effectively disclaims on behalf of all Contributors all
373 warranties and conditions, express and implied, including
374 warranties or conditions of title and non-infringement, and
375 implied warranties or conditions of merchantability and fitness
376 for a particular purpose;
377 ii) effectively excludes on behalf of all Contributors all
378 liability for damages, including direct, indirect, special,
379 incidental and consequential damages, such as lost profits;
380 iii) states that any provisions which differ from this Agreement
381 are offered by that Contributor alone and not by any other
382 party; and
383 iv) states that source code for the Program is available from
384 such Contributor, and informs licensees how to obtain it in a
385 reasonable manner on or through a medium customarily used for
386 software exchange.
387
388 When the Program is made available in source code form:
389 a) it must be made available under this Agreement; and
390 b) a copy of this Agreement must be included with each copy of the
391 Program.
392
393 Each Contributor must include the following in a conspicuous location
394 in the Program:
395
396 Copyright (c) 1997,1998,1999, International Business Machines
397 Corporation and others. All Rights Reserved.
398
399 In addition, each Contributor must identify itself as the originator of
400 its Contribution, if any, in a manner that reasonably allows subsequent
401 Recipients to identify the originator of the Contribution.
402
403 4. COMMERCIAL DISTRIBUTION
404
405 Commercial distributors of software may accept certain responsibilities
406 with respect to end users, business partners and the like. While this
407 license is intended to facilitate the commercial use of the Program, the
408 Contributor who includes the Program in a commercial product offering
409 should do so in a manner which does not create potential liability for
410 other Contributors. Therefore, if a Contributor includes the Program in
411 a commercial product offering, such Contributor ("Commercial Contributor")
412 hereby agrees to defend and indemnify every other Contributor
413 ("Indemnified Contributor") against any losses, damages and costs
414 (collectively "Losses") arising from claims, lawsuits and other legal
415 actions brought by a third party against the Indemnified Contributor to
416 the extent caused by the acts or omissions of such Commercial Contributor
417 in connection with its distribution of the Program in a commercial
418 product offering. The obligations in this section do not apply to any
419 claims or Losses relating to any actual or alleged intellectual property
420 infringement. In order to qualify, an Indemnified Contributor must:
421 a) promptly notify the Commercial Contributor in writing of such claim,
422 and
423 b) allow the Commercial Contributor to control, and cooperate with
424 the Commercial Contributor in, the defense and any related
425 settlement negotiations. The Indemnified Contributor may
426 participate in any such claim at its own expense.
427
428 For example, a Contributor might include the Program in a commercial
429 product offering, Product X. That Contributor is then a Commercial
430 Contributor. If that Commercial Contributor then makes performance
431 claims, or offers warranties related to Product X, those performance
432 claims and warranties are such Commercial Contributor's responsibility
433 alone. Under this section, the Commercial Contributor would have to
434 defend claims against the other Contributors related to those performance
435 claims and warranties, and if a court requires any other Contributor to
436 pay any damages as a result, the Commercial Contributor must pay those
437 damages.
438
439 5. NO WARRANTY
440
441 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
442 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
443 EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
444 CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
445 PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
446 the appropriateness of using and distributing the Program and assumes
447 all risks associated with its exercise of rights under this Agreement,
448 including but not limited to the risks and costs of program errors,
449 compliance with applicable laws, damage to or loss of data, programs or
450 equipment, and unavailability or interruption of operations.
451
452 6. DISCLAIMER OF LIABILITY
453
454 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
455 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
456 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
457 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
458 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
459 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
460 OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
461 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
462
463 7. GENERAL
464
465 If any provision of this Agreement is invalid or unenforceable under
466 applicable law, it shall not affect the validity or enforceability of
467 the remainder of the terms of this Agreement, and without further action
468 by the parties hereto, such provision shall be reformed to the minimum
469 extent necessary to make such provision valid and enforceable.
470
471 If Recipient institutes patent litigation against a Contributor with
472 respect to a patent applicable to software (including a cross-claim or
473 counterclaim in a lawsuit), then any patent licenses granted by that
474 Contributor to such Recipient under this Agreement shall terminate
475 as of the date such litigation is filed. In addition, If Recipient
476 institutes patent litigation against any entity (including a cross-claim
477 or counterclaim in a lawsuit) alleging that the Program itself (excluding
478 combinations of the Program with other software or hardware) infringes
479 such Recipient's patent(s), then such Recipient's rights granted under
480 Section 2(b) shall terminate as of the date such litigation is filed.
481
482 All Recipient's rights under this Agreement shall terminate if it fails
483 to comply with any of the material terms or conditions of this Agreement
484 and does not cure such failure in a reasonable period of time after
485 becoming aware of such noncompliance. If all Recipient's rights under
486 this Agreement terminate, Recipient agrees to cease use and distribution
487 of the Program as soon as reasonably practicable. However, Recipient's
488 obligations under this Agreement and any licenses granted by Recipient
489 relating to the Program shall continue and survive.
490
491 IBM may publish new versions (including revisions) of this Agreement
492 from time to time. Each new version of the Agreement will be given a
493 distinguishing version number. The Program (including Contributions)
494 may always be distributed subject to the version of the Agreement under
495 which it was received. In addition, after a new version of the Agreement
496 is published, Contributor may elect to distribute the Program (including
497 its Contributions) under the new version. No one other than IBM has the
498 right to modify this Agreement. Except as expressly stated in Sections
499 2(a) and 2(b) above, Recipient receives no rights or licenses to the
500 intellectual property of any Contributor under this Agreement, whether
501 expressly, by implication, estoppel or otherwise. All rights in the
502 Program not expressly granted under this Agreement are reserved.
503
504 This Agreement is governed by the laws of the State of New York and the
505 intellectual property laws of the United States of America. No party to
506 this Agreement will bring a legal action under this Agreement more than
507 one year after the cause of action arose. Each party waives its rights
508 to a jury trial in any resulting litigation.
509