1LICENSE - SECURE MAILER 2 3This software is dual-licensed under both the Eclipse Public License 4version 2.0 and the IBM Public License version 1.0, for those who 5are more comfortable continuing with that license. Recipients can 6choose to take the software under the license of their choice. 7 8The remainder of this text contains a copy of each license. 9 10Eclipse 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. 15 161. 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 36are necessarily infringed by the use or sale of its Contribution alone 37or when combined with the Program. 38 39"Program" means the Contributions Distributed in accordance with this 40Agreement. 41 42"Recipient" means anyone who receives the Program under this Agreement 43or any Secondary License (as applicable), including Contributors. 44 45"Derivative Works" shall mean any work, whether in Source Code or other 46form, that is based on (or derived from) the Program and for which the 47editorial revisions, annotations, elaborations, or other modifications 48represent, as a whole, an original work of authorship. 49 50"Modified Works" shall mean any work in Source Code or other form that 51results from an addition to, deletion from, or modification of the 52contents of the Program, including, for purposes of clarity any new file 53in Source Code form that contains any contents of the Program. Modified 54Works shall not include works that contain only declarations, 55interfaces, types, classes, structures, or files of the Program solely 56in each case in order to link to, bind by name, or subclass the Program 57or Modified Works thereof. 58 59"Distribute" means the acts of a) distributing or b) making available 60in any manner that enables the transfer of a copy. 61 62"Source Code" means the form of a Program preferred for making 63modifications, including but not limited to software source code, 64documentation source, and configuration files. 65 66"Secondary License" means either the GNU General Public License, 67Version 2.0, or any later versions of that license, including any 68exceptions or additional permissions as identified by the initial 69Contributor. 70 712. 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 1153. REQUIREMENTS 116 1173.1 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 1453.2 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 1573.3 Contributors may not remove or alter any copyright, patent, 158trademark, attribution notices, disclaimers of warranty, or limitations 159of liability ("notices") contained within the Program from any copy of 160the Program which they Distribute, provided that Contributors may add 161their own appropriate notices. 162 1634. COMMERCIAL DISTRIBUTION 164 165Commercial distributors of software may accept certain responsibilities 166with respect to end users, business partners and the like. While this 167license is intended to facilitate the commercial use of the Program, 168the Contributor who includes the Program in a commercial product 169offering should do so in a manner which does not create potential 170liability for other Contributors. Therefore, if a Contributor includes 171the Program in a commercial product offering, such Contributor 172("Commercial Contributor") hereby agrees to defend and indemnify every 173other Contributor ("Indemnified Contributor") against any losses, 174damages and costs (collectively "Losses") arising from claims, lawsuits 175and other legal actions brought by a third party against the Indemnified 176Contributor to the extent caused by the acts or omissions of such 177Commercial Contributor in connection with its distribution of the Program 178in a commercial product offering. The obligations in this section do not 179apply to any claims or Losses relating to any actual or alleged 180intellectual property infringement. In order to qualify, an Indemnified 181Contributor must: a) promptly notify the Commercial Contributor in 182writing of such claim, and b) allow the Commercial Contributor to control, 183and cooperate with the Commercial Contributor in, the defense and any 184related settlement negotiations. The Indemnified Contributor may 185participate in any such claim at its own expense. 186 187For example, a Contributor might include the Program in a commercial 188product offering, Product X. That Contributor is then a Commercial 189Contributor. If that Commercial Contributor then makes performance 190claims, or offers warranties related to Product X, those performance 191claims and warranties are such Commercial Contributor's responsibility 192alone. Under this section, the Commercial Contributor would have to 193defend claims against the other Contributors related to those performance 194claims and warranties, and if a court requires any other Contributor to 195pay any damages as a result, the Commercial Contributor must pay 196those damages. 197 1985. NO WARRANTY 199 200EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT 201PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" 202BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 203IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF 204TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 205PURPOSE. Each Recipient is solely responsible for determining the 206appropriateness of using and distributing the Program and assumes all 207risks associated with its exercise of rights under this Agreement, 208including but not limited to the risks and costs of program errors, 209compliance with applicable laws, damage to or loss of data, programs 210or equipment, and unavailability or interruption of operations. 211 2126. DISCLAIMER OF LIABILITY 213 214EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT 215PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS 216SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, 217EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 218PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 219CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 220ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 221EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE 222POSSIBILITY OF SUCH DAMAGES. 223 2247. GENERAL 225 226If any provision of this Agreement is invalid or unenforceable under 227applicable law, it shall not affect the validity or enforceability of 228the remainder of the terms of this Agreement, and without further 229action by the parties hereto, such provision shall be reformed to the 230minimum extent necessary to make such provision valid and enforceable. 231 232If Recipient institutes patent litigation against any entity 233(including a cross-claim or counterclaim in a lawsuit) alleging that the 234Program itself (excluding combinations of the Program with other software 235or hardware) infringes such Recipient's patent(s), then such Recipient's 236rights granted under Section 2(b) shall terminate as of the date such 237litigation is filed. 238 239All Recipient's rights under this Agreement shall terminate if it 240fails to comply with any of the material terms or conditions of this 241Agreement and does not cure such failure in a reasonable period of 242time after becoming aware of such noncompliance. If all Recipient's 243rights under this Agreement terminate, Recipient agrees to cease use 244and distribution of the Program as soon as reasonably practicable. 245However, Recipient's obligations under this Agreement and any licenses 246granted by Recipient relating to the Program shall continue and survive. 247 248Everyone is permitted to copy and distribute copies of this Agreement, 249but in order to avoid inconsistency the Agreement is copyrighted and 250may only be modified in the following manner. The Agreement Steward 251reserves the right to publish new versions (including revisions) of 252this Agreement from time to time. No one other than the Agreement 253Steward has the right to modify this Agreement. The Eclipse Foundation 254is the initial Agreement Steward. The Eclipse Foundation may assign the 255responsibility to serve as the Agreement Steward to a suitable separate 256entity. Each new version of the Agreement will be given a distinguishing 257version number. The Program (including Contributions) may always be 258Distributed subject to the version of the Agreement under which it was 259received. In addition, after a new version of the Agreement is published, 260Contributor may elect to Distribute the Program (including its 261Contributions) under the new version. 262 263Except as expressly stated in Sections 2(a) and 2(b) above, Recipient 264receives no rights or licenses to the intellectual property of any 265Contributor under this Agreement, whether expressly, by implication, 266estoppel or otherwise. All rights in the Program not expressly granted 267under this Agreement are reserved. Nothing in this Agreement is intended 268to be enforceable by any entity that is not a Contributor or Recipient. 269No third-party beneficiary rights are created under this Agreement. 270 271Exhibit A - Form of Secondary Licenses Notice 272 273"This Source Code may also be made available under the following 274Secondary Licenses when the conditions for such availability set forth 275in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), 276version(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 288IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER 289 290THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC 291LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 292PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 293 2941. 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 315are necessarily infringed by the use or sale of its Contribution alone 316or when combined with the Program. 317 318"Original Program" means the original version of the software accompanying 319this Agreement as released by IBM, including source code, object code 320and documentation, if any. 321 322"Program" means the Original Program and Contributions. 323 324"Recipient" means anyone who receives the Program under this Agreement, 325including all Contributors. 326 3272. 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 3663. REQUIREMENTS 367 368A Contributor may choose to distribute the Program in object code form 369under 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 388When 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 393Each Contributor must include the following in a conspicuous location 394in the Program: 395 396 Copyright (c) 1997,1998,1999, International Business Machines 397 Corporation and others. All Rights Reserved. 398 399In addition, each Contributor must identify itself as the originator of 400its Contribution, if any, in a manner that reasonably allows subsequent 401Recipients to identify the originator of the Contribution. 402 4034. COMMERCIAL DISTRIBUTION 404 405Commercial distributors of software may accept certain responsibilities 406with respect to end users, business partners and the like. While this 407license is intended to facilitate the commercial use of the Program, the 408Contributor who includes the Program in a commercial product offering 409should do so in a manner which does not create potential liability for 410other Contributors. Therefore, if a Contributor includes the Program in 411a commercial product offering, such Contributor ("Commercial Contributor") 412hereby 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 415actions brought by a third party against the Indemnified Contributor to 416the extent caused by the acts or omissions of such Commercial Contributor 417in connection with its distribution of the Program in a commercial 418product offering. The obligations in this section do not apply to any 419claims or Losses relating to any actual or alleged intellectual property 420infringement. In order to qualify, an Indemnified Contributor must: 421 a) promptly notify the Commercial Contributor in writing of such claim, 422and 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 428For example, a Contributor might include the Program in a commercial 429product offering, Product X. That Contributor is then a Commercial 430Contributor. If that Commercial Contributor then makes performance 431claims, or offers warranties related to Product X, those performance 432claims and warranties are such Commercial Contributor's responsibility 433alone. Under this section, the Commercial Contributor would have to 434defend claims against the other Contributors related to those performance 435claims and warranties, and if a court requires any other Contributor to 436pay any damages as a result, the Commercial Contributor must pay those 437damages. 438 4395. NO WARRANTY 440 441EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 442ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 443EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR 444CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A 445PARTICULAR PURPOSE. Each Recipient is solely responsible for determining 446the appropriateness of using and distributing the Program and assumes 447all risks associated with its exercise of rights under this Agreement, 448including but not limited to the risks and costs of program errors, 449compliance with applicable laws, damage to or loss of data, programs or 450equipment, and unavailability or interruption of operations. 451 4526. DISCLAIMER OF LIABILITY 453 454EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 455ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 456INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 457WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 458LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 459NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION 460OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF 461ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 462 4637. GENERAL 464 465If any provision of this Agreement is invalid or unenforceable under 466applicable law, it shall not affect the validity or enforceability of 467the remainder of the terms of this Agreement, and without further action 468by the parties hereto, such provision shall be reformed to the minimum 469extent necessary to make such provision valid and enforceable. 470 471If Recipient institutes patent litigation against a Contributor with 472respect to a patent applicable to software (including a cross-claim or 473counterclaim in a lawsuit), then any patent licenses granted by that 474Contributor to such Recipient under this Agreement shall terminate 475as of the date such litigation is filed. In addition, If Recipient 476institutes patent litigation against any entity (including a cross-claim 477or counterclaim in a lawsuit) alleging that the Program itself (excluding 478combinations of the Program with other software or hardware) infringes 479such Recipient's patent(s), then such Recipient's rights granted under 480Section 2(b) shall terminate as of the date such litigation is filed. 481 482All Recipient's rights under this Agreement shall terminate if it fails 483to comply with any of the material terms or conditions of this Agreement 484and does not cure such failure in a reasonable period of time after 485becoming aware of such noncompliance. If all Recipient's rights under 486this Agreement terminate, Recipient agrees to cease use and distribution 487of the Program as soon as reasonably practicable. However, Recipient's 488obligations under this Agreement and any licenses granted by Recipient 489relating to the Program shall continue and survive. 490 491IBM may publish new versions (including revisions) of this Agreement 492from time to time. Each new version of the Agreement will be given a 493distinguishing version number. The Program (including Contributions) 494may always be distributed subject to the version of the Agreement under 495which it was received. In addition, after a new version of the Agreement 496is published, Contributor may elect to distribute the Program (including 497its Contributions) under the new version. No one other than IBM has the 498right to modify this Agreement. Except as expressly stated in Sections 4992(a) and 2(b) above, Recipient receives no rights or licenses to the 500intellectual property of any Contributor under this Agreement, whether 501expressly, by implication, estoppel or otherwise. All rights in the 502Program not expressly granted under this Agreement are reserved. 503 504This Agreement is governed by the laws of the State of New York and the 505intellectual property laws of the United States of America. No party to 506this Agreement will bring a legal action under this Agreement more than 507one year after the cause of action arose. Each party waives its rights 508to a jury trial in any resulting litigation. 509