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diff --git a/SIC_LICENSE.txt b/SIC_LICENSE.txt new file mode 100644 index 00000000..5452d915 --- /dev/null +++ b/SIC_LICENSE.txt @@ -0,0 +1,197 @@ +License for Open Source Projects + +Stiftung SIC Java Crypto-Software Development Kit Licence Agreement for +Free Licenses Valid from February 19, 2010, amended May 13, 2011 + +The Stiftung SIC (Stiftung Secure Information and Communication +Technologies, Inffeldgasse16a, A-8010 Graz, Austria / Europe) hereafter +referred to as "Stiftung SIC" offers to grant licences for the SOFTWARE +defined below according to the following conditions: + +1. DEFINITIONS + +a. "LICENSEE" refers to the person, organisation or company, to whom the +licenses are granted under this license agreement. + +b. The term "SOFTWARE" refers to IAIK Java Crypto Software in any form +(source code, object code or other) including documentation. The +SOFTWARE is the sole property of Stiftung SIC and protected by Austrian, +International Copyright Law, e.g. the Revised Berne Convention, and the +US Copyright Act. + +c. "IAIK Java Crypto Software" means either IAIK-JCE, iSaSiLk or any +other Java-based Crypto-Software development kit which usually consists +of source code (if applicable; for source licences only), Java byte code +or any other form of object code. The Software and additional tools are +distributed in documentation, manuals, user guides, sample application +code, tools - including any revisions, patches and updates delivered or +downloaded by the LICENSEE. + +d. "IAIK Java Crypto Software Runtime Modules" means the runtime object +code modules provided with, or derived from, an IAIK-Java-Crypto +Software Development Kit, which are usually distributed as a +Java-Archive in JAR or ZIP-Format, or in any other format suitable for +use by application programmes or other software. + +e. "IAIK-Crypto Software based Application" means any computer programme +created by the LICENSEE using any of the IAIK-Toolkits, with the +exception of server software, which is considered as a different +category. + +f. "Server software" means IAIK-Crypto Software based applications run +or published on a server (like but not limited to a web server). +Examples for server software are applets, midlets, servlets, CGI-scripts +or software that is run on a server. + +g. "To publish" means that an application is retrievable or accessible +from a certain server, but not installed on another machine. + +h. "DERIVED SOFTWARE" refers to software (excluding any of our SOFTWARE) +in any form (source code, object code or other) that uses the IAIK Java +Crypto Software Runtime Modules. It also includes parts where LICENSEE +acts as a licensor or sub-licensor. + +i. “Open Source Software Development” means development under an +ACCEPTED LICENSE. + +j. "ACCEPTED LICENSE" means the following licenses: + +j1. GPL Version 2, June 1991 (http: //www.fsf.org/licenses/gpl.html). + +j2. European Union Public License (EUPL) Version 1.1, January 2009 +(http://www.osor.eu/eupl) - for distribution under compatible licenses +defined in the licenses above or under any other license, the LICENSEE +needs explicit permission by Stiftung SIC. + +2. GRANTING of LICENCES Stiftung SIC grants free licenses of the +SOFTWARE for development of free of charge open source software. The +SOFTWARE may be distributed bundled with the free of charge open source +software in binary form only. The type of open source development is +generally unrestricted; the only exception is a product that contains or +is an API or a service of which most of the functionality is provided by +the SOFTWARE. The derived product must not offer features that are +similar to that of the SOFTWARE. This means, this license does not allow +developing a product that contains or is a wrapper around the SOFTWARE. + +The LICENSEE and his licensees are granted a non-exclusive, +non-transferable license to run and redistribute the IAIK Java Crypto +Software Runtime Modules in unmodified, binary form under the following +conditions. + + * The LICENSEE and his licensees are not permitted to charge any + royalties or fees for DERIVED SOFTWARE. + + * The LICENSEE of "IAIK Java Crypto Software Runtime Modules", has to + make the source code of his product publicly available under an + ACCEPTED LICENSE. + + * The LICENSEE is further hereby obliged and authorized to bind his + licensees to all these conditions. + +If LICENSEE licenses DERIVED SOFTWARE under any other free software +licensing scheme that is similar to an ACCEPTED LICENSE, it may be +possible to grant a free license. Stiftung SIC will decide on this +individually after inspecting the intended use and license conditions. + +This free license shall NOT be construed or otherwise interpreted as any +kind of express or implied representation that this SOFTWARE is +licensable under an ACCEPTED LICENSE or any free license other than the +one laid out in this document. + +3. LIMITATIONS for all LICENCES: LICENSEES must not attempt to reverse +engineer, decompile, disassemble, reverse, translate or in any other +manner decode the computer programmes in the IAIK-Toolkit in order to +derive the source code there from. + +ATTENTION: THIS LICENSE AGREEMENT DOES NOT INCLUDE LICENSING OF THE +INCLUDED ALGORITHMS, when appropriate. Please see +http://jce.iaik.tugraz.at/sic/sales/patent_issues_algorithms for a +summary of the licence/patent status situation of algorithms used in +IAIK-JCE. It is the sole responsibility of LICENSEES to ensure the +legality of using the IAIK-Crypto software in their countries. Stiftung +SIC declares that to the best of its knowledge all parts of the +IAIK-Toolkits have been developed by Austrian citizens, except for the +HTTP implementation (w3c_http.jar) delivered with the iSaSiLk +distribution and free third party libraries (like Apache Xalan or +Xerces) that may be delivered with the toolkits for convenience. The +implementation of the Camellia cipher algorithm core has been provided +by NTT (Nippon Telegraph and Telephone Corporation) under BSD licence +terms +(see http://jce.iaik.tugraz.at/sic/sales/patent_issues_algorithms). + +4. TERMS of LICENSE: Free licenses for development of free of charge +open source software under ACCEPTED LICENSES are perpetual. Stiftung SIC +has no obligation to continue making free updates or new versions +available for LICENSEE + +5. DELIVERY: Free licenses are made available by download only. + +6. WARRANTY: Stiftung SIC guarantees that the SOFTWARE is free of any +computer virus or other malicious hidden routines that would +intentionally cause damage to or corrupt data, storage media or +equipment. + +The SOFTWARE is provided "as is" and except for the declaration and +warranty stated in this Section, Stiftung SIC makes no representations, +conditions or warranties, either express or implied, relative to the +IAIK-Toolkit or services provided hereunder, including all implied +conditions or warranties of merchantability and fitness for a particular +purpose and all conditions with respect to intellectual property +infringement. + +7. PROPRIETARY INFORMATION and CONFIDENTIALITY: The LICENSEE +acknowledges that the SOFTWARE remains the property of, and is +confidential to, Stiftung SIC and incorporates trade secrets of Stiftung +SIC, and that Stiftung SIC shall have the exclusive right to any +copyrights or patents in respect of the SOFTWARE. The LICENSEE agrees to +maintain the confidentiality of the SOFTWARE. The LICENSEE further +agrees that (with the exception of paragraph 2 above), he shall not make +any disclosure of the SOFTWARE (including copies thereof or methods or +concepts utilised therein) to any person or entity, other than employees +of the LICENSEE, to whom such disclosure is necessary in order to use +the SOFTWARE as provided herein. The LICENSEE shall appropriately notify +each employee to whom any such disclosure is made. Such disclosure must +be made in confidence and shall be kept in confidence by the employee in +question. The LICENSEE agrees to use diligent and determined efforts to +secure and protect the SOFTWARE and copies thereof in a manner +consistent with their proprietary character and the maintenance of +LICENSOR`s rights therein, and without limitation thereof, to take +appropriate action, by instruction or agreement with its employees who +are permitted access to the SOFTWARE or copies thereof, or otherwise, to +satisfy its obligations as hereby stated. + +8. TERMINATION: Stiftung SIC may terminate this Agreement without prior +notice, if the LICENSEE 1. neglects or fails to perform or observe, or +correct a breach of its obligations to Stiftung SIC; 2. goes out of +business, files a bankruptcy petition or has such a petition filed +involuntarily against it or becomes insolvent; 3. develops, sells, +licenses or distributes or attempts to develop, sell, license or +distribute any software based on the IAIK-Toolkit which is outside the +scope of the limited rights granted herein, to any third party. In the +event of such a termination, the LICENSEE shall immediately delete all +electronic versions from his systems and ensure that all backup copies +are destroyed as well. + +9. LIABILITY: To the maximum extent allowed by applicable law Stiftung +SIC shall not be liable for any damages whatsoever (including, without +limitation, damages for loss of business profits, business interruption, +loss of business information, or other pecuniary loss) arising out of +the use of or inability to use the IAIK-Toolkit, even if Stiftung SIC +has been advised of the possibility of such damages. + +10. EXPORT RESTRICTIONS: In some countries, the IAIK-Toolkits may be +subject to export and import restrictions. Their re-export may require +the approval of the competent authorities. The LICENSEE shall be liable +for the observance of any control regulation and explicitly agrees to +hold Stiftung SIC fully harmless. + +11. WAIVER: Invalidity, on legal grounds, of any term of this Agreement +does not render the Agreement as a whole invalid. + +12. SURVIVAL: Irrespective of expiration or termination of this +Agreement, the provisions of Articles 2, 4, and 8 shall survive the +termination or the expiry of this Agreement. + +13. GOVERNING LAW, ARBITRATION: This Agreement is governed by Austrian +law. + |