adding yahoo-patent-license-1.2 #262919

1 files changed, 167 insertions, 0 deletions

diff --git a/licenses/yahoo-patent-license-1.2 b/licenses/yahoo-patent-license-1.2
new file mode 100644
index 000000000000..144257ac93e1
--- /dev/null
+++ b/licenses/yahoo-patent-license-1.2
@@ -0,0 +1,167 @@
+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.