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