Cisco Systems, Inc.
Identified Internet Mail (IIM) License Agreement Version 1.0
Copyright © 2004, Cisco Systems, Inc.
USE OF THE SOFTWARE (DEFINED BELOW) IS SUBJECT TO THESE TERMS AND CONDITIONS (THE "LICENSE"). YOU MAY NOT USE, REPRODUCE, MODIFY, OR DISTRIBUTE THE SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THESE TERMS AND CONDITIONS. YOU INDICATE YOUR ACCEPTANCE BY USING, REPRODUCING, MODIFYING, OR DISTRIBUTING THE SOFTWARE IN ANY MANNER. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, DO NOT USE, REPRODUCE, MODIFY, OR DISTRIBUTE THE SOFTWARE IN ANY MANNER.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares, or (c) beneficial ownership of such entity.
“Licensed Patent Claims” shall mean all patent claims for which all of the following are true: (a) the patent claims issued from U.S. Patent Application Serial Number 10/859,402, filed June 01, 2004, or from any US or foreign patent application claiming priority from that application; and (b) the patent claims are necessarily infringed by making, having made, using, selling, offering to sell, or importing the Software.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Software” shall mean (a) the Source form of the Identified Internet Mail software publicly distributed by Cisco containing a notice by Cisco that it is distributed under this License Agreement and (b) the Object form of such software.
"Source" form shall mean the preferred form for making modifications to software, including but not limited to software source code, documentation source, and configuration files.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License Agreement.
2. License Grants.
(a) Copyright License. Subject to the terms and conditions of this License, Cisco hereby grants You a perpetual, worldwide, non-exclusive, royalty-free license under Cisco’s copyrights in the Software to use, reproduce, modify, and distribute the Software in Source or Object form.
(b) Patent License. Subject to the terms and conditions of this License, Cisco hereby grants You a perpetual, worldwide, non-exclusive, royalty-free license under Cisco’s Licensed Patent Claims to make, have made, use, sell, offer to sell, and import the Software for the sole purpose of implementing an email sender authentication solution.
3. Requirements and Conditions. Without limiting the other terms and conditions of this License, the licenses granted in Section 2 are subject to the following terms and conditions:
(a) You must give any other recipients of the Software, a copy of this License along with a prominent display of the above notice of acceptance of the terms of this License, and You may not offer or impose any terms on the Software that alter or restrict the rights granted in this License;
(b) You must retain, in the Source form of any Software or modified versions that You distribute, all copyright, patent, trademark, attribution, and disclaimer and license notices from the Source form of the Software.
(c) You must cause any modified files to carry prominent notices stating that You changed the files, identifying the changes, and identifying the dates of any changes.
4. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of Cisco or any other individual or Legal Entity.
5. Termination. This License will terminate automatically, without notice from Cisco, (a) if You breach any of the terms or conditions of this License and fail to cure such breach within 30 days of becoming aware of such breach or (b) If You institute patent litigation against any individual or Legal Entity (including a cross-claim or counterclaim in a lawsuit) alleging that the making, having made, using, selling, offering to sell, or importing the Software or any modified version or part of the Software for the purpose of implementing an email sender authentication solution constitutes patent infringement, effective as of the date such litigation is filed. Upon expiration or termination of this License, You must immediately discontinue any use of the Software and destroy all copies of it that are in your possession or control. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE DISCLAIMED.
7. Waiver of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THIS LICENSE OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CISCO’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS LICENSE SHALL NOT EXCEED AN AMOUNT EQUAL TO ONE THOUSAND US DOLLARS ($1,000.00).
9. General. This License shall be governed by and interpreted in accordance with the laws of the State of California excluding its conflict of law provisions that would require the application of the laws of any other state. This License constitutes the entire agreement with respect to the subject matter hereof. You agree to comply with all export, re-export, or import restrictions, laws or regulations. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect.