Metadata-Version: 2.1
Name: pypqc-cffi-bindings-kyber
Version: 0.0.1.dev0
License: NIST PQC License Summary and Excerpts
        =====================================
        
        NIST has entered into two patent license agreements to facilitate adoption of NIST’s announced
        selection of Public-Key Encryption PQC algorithm CRYSTALS-KYBER. NIST and the
        licensing parties share a desire, in the public interest, the licensed patents be freely available to
        be practiced by any implementer of the CRYSTALS-KYBER algorithm as published by NIST.
        
        The licenses cover a patent portfolio privately owned by a US entity (US Portfolio) [1]_ and a
        portfolio controlled by French institutions (French Portfolio) [2]_.
        
        The licenses were drafted such that any implementer of the CRYSTALS-KYBER algorithm as
        published by NIST receive the benefits of a grant to the licensed patents within the scope of a
        field of use limited to implementing CRYSTALS-KYBER as a PQC algorithm. The licensors
        agreed, on a royalty-free basis, to place into abeyance any right of enforcement of the licensed
        patents against any implementer or end-user of the algorithm.
        
        Relevant language (with modifications for readability) from the licenses regarding the scope of
        use permitted to implementers of the CRYSTALS-KYBER algorithm follow. Where language
        differs between the licenses in a manner which could be read to influence the rights of
        implementers, the language of both licenses is presented.
        
        .. [1] U.S. Pat. No. 9,246,675 and all related patents and applications.
        
        .. [2] EP App. No. 11712927; EP Pat. No. 2537284; French Pat. App. No. 1051190, French Pat. No. 2956541; PCT App.
           No. PCT/FR2011/050336; U.S. Pat. App. No. 13/579,682; U.S. Pat. No. 9,094,189; and all related patents and
           applications.
        
        1.3
        ###
        
        US Portfolio
        ------------
        
        “IMPLEMENTER” shall mean any
        entity, person, company, organization,
        foundation, or business, whether private,
        public, or governmental, that implements the
        PQC ALGORITHM in paragraph 1.11 for any
        purpose that complies with the license granted
        in paragraph 2.1, whether such implementation
        is for research, teaching, and other non-
        commercial purposes or for the purpose of
        commercial manufacture, distribution, or
        provision of services or products for a fee.
        
        French Portfolio
        ----------------
        
        “IMPLEMENTER” shall mean any
        entity, person, company, organization,
        foundation, or business, whether private,
        public, or governmental, that implements the
        PQC ALGORITHM in paragraph 1.11 for any
        purpose, whether such implementation is for
        research, teaching, and other non-commercial
        purposes or for the purpose of commercial
        manufacture, distribution, or provision of
        services or products for a fee.
        
        1.5
        ###
        
        US Portfolio
        ------------
        
        “LICENSED PRODUCTS” shall mean
        any apparatus or composition encompassed
        within the scope of a claim in the LICENSED
        PATENT and implementing the PQC
        ALGORITHM, and shall also include a
        product that was manufactured, at least in part,
        by a process encompassed within the scope of
        a claim in the LICENSED PATENT that has
        not been held not patentable, invalid, or
        unenforceable by an unappealed or
        unappealable judgment of a court of competent
        jurisdiction or governmental administrative
        body.
        
        French Portfolio
        ----------------
        
        “LICENSED PRODUCTS” shall mean
        any apparatus or composition encompassed
        within the scope of a claim in the LICENSED
        PATENTS and shall also include a product
        that was manufactured, at least in part, by a
        process encompassed within the scope of a
        claim in the LICENSED PATENTS that has
        not been held not patentable, invalid, or
        unenforceable by an unappealed or
        unappealable judgment of a court of competent
        jurisdiction or governmental administrative
        body.
        
        1.6
        ###
        
        US Portfolio
        ------------
        
        “LICENSED PROCESSES” shall
        mean any process that implements the PQC
        algorithm and, in the course of being practiced,
        would be encompassed within the scope of a
        claim in the LICENSED PATENT that has not
        been held not patentable, invalid, or
        unenforceable by an unappealed or
        unappealable judgment of a court of competent
        jurisdiction or governmental administrative
        body.
        
        French Portfolio
        ----------------
        
        “LICENSED PROCESSES” shall
        mean any process that, in the course of being
        practiced, would be encompassed within the
        scope of a claim in the LICENSED PATENTS
        that has not been held not patentable, invalid,
        or unenforceable by an unappealed or
        unappealable judgment of a court of competent
        jurisdiction or governmental administrative
        body.
        
        1.7
        ###
        
        US Portfolio
        ------------
        
        “LICENSED USES” shall mean any
        method encompassed within the scope of a
        claim in the LICENSED PATENT and
        implementing the PQC ALGORITHM that has
        not been held not patentable, invalid, or
        unenforceable by an unappealed or
        unappealable judgment of a court of competent
        jurisdiction or governmental administrative
        body.
        
        French Portfolio
        ----------------
        
        “LICENSED USES” shall mean any
        method encompassed within the scope of a
        claim in the LICENSED PATENTS that has
        not been held not patentable, invalid, or
        unenforceable by an unappealed or
        unappealable judgment of a court of competent
        jurisdiction or governmental administrative
        body.
        
        1.8
        ###
        
        “LICENSED TERRITORY” shall mean worldwide wherever a VALID CLAIM exists.
        
        1.9
        ###
        
        “VALID CLAIM” shall mean: (a) a claim of an issued and unexpired patent within the
        LICENSED PATENTS that has not been (i) held permanently revoked, unenforceable,
        unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction,
        unappealable or unappealed within the time allowed for appeal, (ii) rendered unenforceable
        through disclaimer or otherwise, (iii) abandoned, or (iv) permanently lost through an interference
        or opposition proceeding without any right of appeal or review; or (b) a pending claim of a
        pending patent application within the LICENSED PATENTS that has been asserted and
        continues to be prosecuted in good faith where such claim has been pending for a period of ten
        years or less.
        
        1.10
        ####
        
        “FIELD OF USE” shall mean any implementation of the PQC ALGORITHM in 1.11.
        
        1.11
        ####
        
        US Portfolio
        ------------
        
        “PQC ALGORITHM” shall mean:
        (a) any standard prescribed by NIST in a
        NIST Special Publication or Federal
        Information Processing Standard that is based
        on the CRYSTALS-KYBER public-key
        encryption and key-establishment algorithm
        selected by NIST under the announcement for
        submission of candidate algorithms for
        public-key post-quantum standards published
        in volume 81 page 92787 of the United States
        Federal Register on December 20, 2016,
        available as of the EFFECTIVE DATE at
        https://www.federalregister.gov/documents/2016/12/20/2016-30615/announcing-request-for-nominations-for-public-key-post-quantum-cryptographic-algorithms,
        or a subsequent such NIST announcement;
        (b) a documentary standard set by a standards
        development organization (SDO) or standards
        setting organization (SSO); and
        (c) a government regulation or statute,
        wherein for each instance of (b) and (c) of this
        paragraph, only to the extent identical with
        parameters of the standard prescribed by
        NIST, and
        NIST will use reasonable efforts to have a
        citation to the standard prescribed by NIST
        included in each instance of (b) and (c) of this
        paragraph.
        
        French Portfolio
        ----------------
        
        “PQC ALGORITHM” shall mean a
        post-quantum cryptography algorithm
        selected by NIST under the announcement for
        submission of candidate algorithms for
        public-key post-quantum standards published
        in volume 81 page 92787 of the United States
        Federal Register on December 20, 2016,
        available as of the EFFECTIVE DATE at:
        https://www.federalregister.gov/documents/2016/12/20/2016-30615/announcing-request-for-nominations-for-public-key-post-quantum-cryptographic-algorithms,
        or a subsequent such NIST announcement,
        and any standard based on a selected post-
        quantum cryptography algorithm as may be
        prescribed in a NIST Special Publication,
        Federal Information Processing Standard, a
        documentary standard set by a standards
        developing organization (SDO) or standards
        setting organization (SSO), or a governmental
        regulation or statute.
        
        2.1
        ###
        
        LICENSORS, on behalf of themselves and any successors and/or assigns, grant to
        LICENSEE an exclusive, non-transferable, fully paid-up, and irrevocable license, with the right
        to grant sublicenses [3]_, under all claims of the LICENSED PATENTS:
        
        (a) to make, have made, use, sell, offer for sale, lease, import, export or otherwise dispose of
        the LICENSED PRODUCTS,
        (b) to practice the LICENSED PROCESSES, and
        (c) to practice the LICENSED USES,
        
        in the LICENSED TERRITORY.
        
        .. [3] The Algo Consulting, Inc. agreement additionally contains terms limiting sublicensees to the FIELD OF USE.
        
        2.2
        ###
        
        LICENSORS agree that this Agreement extends and confers all benefits of the grant in
        paragraph 2.1 to all IMPLEMENTERS and their end-users on a royalty-free basis for the FIELD
        OF USE.
        
        2.3
        ###
        
        LICENSORS hereby, on a royalty-free basis, place into abeyance any right of
        enforcement of the LICENSED PATENTS against any IMPLEMENTER and their end-users
        from any and all actions, causes of action, claims, or demands whatsoever in law or equity as to
        all claims for patent infringement, direct and/or contributory and/or by inducement or otherwise,
        which may arise at any time on or after the EFFECTIVE DATE, which could be asserted against
        any IMPLEMENTER, or against any of IMPLEMENTER’s end-users, whether direct or
        indirect, or immediate or remote, arising out of any implementation of the PQC ALGORITHM
        commensurate in scope with the FIELD OF USE, including manufacture, having manufactured,
        use, sale, offer for sale, lease, import, export, or other disposition of the LICENSED
        PRODUCTS, practice of the LICENSED PROCESSES, and practice of the LICENSED USES in
        the LICENSED TERRITORY for the FIELD OF USE.
        
        2.4
        ###
        
        US Portfolio
        ------------
        
        Contingent upon LICENSEE’s
        payment of such portion of the PAYMENT
        due licensor, LICENSOR hereby releases and
        discharges LICENSEE, any
        IMPLEMENTER, whether direct or indirect,
        or immediate or remote, in the LICENSED
        TERRITORY, from any and all actions,
        causes of action, claims, or demands
        whatsoever in law or equity as to all claims
        for patent infringement, direct and/or
        contributory and/or by inducement or
        otherwise, which LICENSOR has or may
        have had at any time prior to the EFFECTIVE
        DATE, which could be asserted against any
        IMPLEMENTER, or against any of
        IMPLEMENTER’s end-users, whether direct
        or indirect, or immediate or remote, solely to
        the extent arising out of any implementation
        of the PQC ALGORITHM commensurate in
        scope with the FIELD OF USE, including
        manufacture, having manufactured, use, sale,
        offer for sale, lease, import, export, or other
        disposition of the LICENSED PRODUCTS,
        practice of the LICENSED PROCESSES, and
        practice of the LICENSED USES in the
        LICENSED TERRITORY for the FIELD OF
        USE. In the case of any lack or delay of
        federal appropriations to NIST delaying the
        portion of the PAYMENT due licensor, the
        releases of LICENSOR in the paragraph shall
        apply retroactively for any period during this
        agreement for which a lapse may have
        occurred due to late payment.
        
        French Portfolio
        ----------------
        
        LICENSORS hereby release and
        discharge LICENSEE, any IMPLEMENTER,
        whether direct or indirect, or immediate or
        remote, in the LICENSED TERRITORY,
        from any and all actions, causes of action,
        claims, or demands whatsoever in law or
        equity as to all claims for patent infringement,
        direct and/or contributory and/or by
        inducement or otherwise, which LICENSORS
        have or may have had at any time prior to the
        EFFECTIVE DATE, which could be asserted
        against any IMPLEMENTER, or against any
        of IMPLEMENTER’s end-users, whether
        direct or indirect, or immediate or remote,
        arising out of any implementation of the PQC
        ALGORITHM commensurate in scope with
        the FIELD OF USE, including manufacture,
        having manufactured, use, sale, offer for sale,
        lease, import, export, or other disposition of
        the LICENSED PRODUCTS, practice of the
        LICENSED PROCESSES, and practice of the
        LICENSED USES in the LICENSED
        TERRITORY for the FIELD OF USE.
        
        2.5
        ###
        
        LICENSORS provide the GRANTS, RELEASES, DISCHARGES, AND ABEYANCE
        OF ENFORCEMENT in this Article II with or without notification to any IMPLEMENTER or
        its end-users.
        
        2.6
        ###
        
        LICENSORS reserve the right to (a) use technology covered by any claim of the
        LICENSED PATENTS; (b) grant rights to the LICENSED PATENTS for uses outside of the
        FIELD OF USE; and (c) enforce the LICENSED PATENTS for uses outside of the FIELD OF
        USE.
        
        2.9
        ###
        
        **US Portfolio Only**
        
        For the sake of clarity, any implementation or use of the
        LICENSED PATENT by LICENSOR, SUBLICENSEE or any of the party that does not meet
        the definition of the PQC ALGORITHM, including any modification, extension, or derivation of
        the parameters of the PQC ALGORITHM, is not an implementation or use of the PQC
        algorithm.
        
Classifier: License :: Free To Use But Restricted
Classifier: License :: Public Domain
License-File: LICENSE-Kyber.rst
Requires-Dist: cffi>=1.0.0; platform_python_implementation != "PyPy"
