License for Non-Military Software Implementations of OCB
January 10, 2013
1 Definitions
1.1 "Licensor" means Phillip Rogaway.
1.2 "Licensed Patents" means any patent that claims priority to United States
Patent Application No. 09/918,615 entitled "Method and Apparatus for Facilitating
Efficient Authenticated Encryption," and any utility, divisional, provisional,
continuation, continuations-in-part, reexamination, reissue, or foreign counterpart
patents that may issue with respect to the aforesaid patent application. This
includes, but is not limited to, United States Patent No. 7,046,802; United
States Patent No. 7,200,227; United States Patent No. 7,949,129; United States
Patent No. 8,321,675; and any patent that issues out of United States Patent
Application No. 13/669,114.
1.3 "Use" means any practice of any invention claimed in the Licensed Patents.
1.4 "Military Use" means any Use by, in cooperation with, on behalf of, or paid
for by: the U.S. Department of Defense; U.S. Armed Forces (including the Army,
Navy, Marines, Air Force, and Coast Guard); U.S. Department of Energy; U.S.
Department of Homeland Security; U.S. intelligence agencies (including reconnaissance
agencies); or foreign counterparts of these organizations.
1.5 "Research Use" means any Use by an accredited academic institution, by a
commercial research laboratory, or by an employee or student of such an institution
when such Use is made in the course of their employment or studies.
1.6 "Noncommercial Use" means any Use that is not intended for or directed toward
commercial advantage or private monetary compensation.
1.7 "Software Implementation" means any practice of any invention claimed in
the Licensed Patents that takes the form of software executing on a userprogrammable,
general-purpose computer or that takes the form of a computerreadable medium
storing such software. Software Implementation does not include, for example,
application-specific integrated circuits (ASICs), fieldprogrammable gate arrays
(FPGAs), embedded systems, or IP cores.
2 License Grant
2.1 License. Subject to your compliance with the terms of this license, including
the restrictions set forth in Section 2.2, Licensor hereby grants to you a perpetual,
worldwide, non-exclusive, non-transferable, non-sublicenseable, no-charge, royalty-free,
irrevocable license to practice any invention claimed in the Licensed Patents
(i) for any Research Use, (ii) for any Noncommercial Use, and (iii) in any Software
Implementation.
2.2 Restrictions

2.2.1 The license above does not apply to and no license is granted for any
Military Use of the Licensed Patents.

2.2.2

The license above does not apply to and no license is granted for any Software
Implementation that does not include the full text of this license in user-readable
source code or documentation. The requirement of this paragraph may be satisfied
by presenting the full text of this license to end users during software installation.

2.2.3

If you or your affiliates institute patent litigation (including, but not limited
to, a cross-claim or counterclaim in a lawsuit) against any entity alleging
that any Use authorized by this license infringes another patent, then any rights
granted to you under this license automatically terminate as of the date such
litigation is filed.

3 Disclaimer

YOUR USE OF THE LICENSED PATENTS IS AT YOUR OWN RISK AND UNLESS REQUIRED BY
APPLICABLE LAW, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
CONCERNING THE LICENSED PATENTS OR ANY PRODUCT EMBODYING ANY LICENSED PATENT,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATED TO ANY USE OF
THE LICENSED PATENTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES PRIOR TO SUCH AN OCCURRENCE.