1 The original sources for this package can be found at:
3 http://openvswitch.org/
5 Upstream Authors (from AUTHORS):
9 Upstream Copyright Holders:
11 Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012 Nicira, Inc.
12 Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
13 Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
14 and authors listed above.
15 Copyright (c) 2011 Gaetano Catalli
19 * The following components are licensed under the
20 GNU Lesser General Public License version 2.1 only
21 with the exception clause below as a pre-amble.
23 xenserver/etc_xensource_scripts_vif
24 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
25 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
26 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
27 xenserver/opt_xensource_libexec_interface-reconfigure
28 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
30 * These components are only distributed in the source package.
31 They do not appear in any binary packages.
33 On Debian systems, the complete text of the
34 GNU Lesser General Public License version 2.1 can be found in
35 `/usr/share/common-licenses/LGPL-2.1'
37 The exception clause pre-amble reads:
39 As a special exception to the GNU Lesser General Public License, you
40 may link, statically or dynamically, a "work that uses the Library"
41 with a publicly distributed version of the Library to produce an
42 executable file containing portions of the Library, and distribute
43 that executable file under terms of your choice, without any of the
44 additional requirements listed in clause 6 of the GNU Lesser General
45 Public License. By "a publicly distributed version of the Library",
46 we mean either the unmodified Library as distributed, or a
47 modified version of the Library that is distributed under the
48 conditions defined in clause 3 of the GNU Library General Public
49 License. This exception does not however invalidate any other reasons
50 why the executable file might be covered by the GNU Lesser General
53 * The following components are licensed under the
54 GNU Lesser General Public License version 2.1.
56 utilities/bugtool/ovs-bugtool
57 utilities/bugtool/ovs-bugtool-*
58 utilities/bugtool/plugins/kernel-info/openvswitch.xml
59 utilities/bugtool/plugins/network-status/openvswitch.xml
60 utilities/bugtool/plugins/system-configuration.xml
61 utilities/bugtool/plugins/system-configuration/openvswitch.xml
63 On Debian systems, the complete text of the
64 GNU Lesser General Public License version 2.1 can be found in
65 `/usr/share/common-licenses/LGPL-2.1'
67 * The following component is licensed under the GNU General Public License
72 On Debian systems, the complete text of the GNU General Public License
73 version 2 can be found in `/usr/share/common-licenses/GPL-2'
75 * The following components are dual-licensed under the
76 GNU General Public License version 2 and the Apache License Version 2.0.
78 include/linux/openvswitch.h
79 include/openvswitch/brcompat-netlink.h
80 include/openvswitch/datapath-compat.h
81 include/openvswitch/tunnel.h
83 On Debian systems, the complete text of the GNU General Public License
84 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
85 On Debian systems, the complete text of the Apache License version 2.0
86 can be found in '/usr/share/common-licenses/Apache-2.0'.
88 * The following components are licensed under the terms of either the
89 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
98 These licenses are available, respectively, the following URLs:
100 http://host-sflow.sourceforge.net/sissl.html
101 http://www.inmon.com/technology/sflowlicense.txt
103 The full text of each license is also appended to the end of this
106 * The following components are licensed under the
107 Python Software Foundation License Version 2.
109 python/compat/uuid.py
110 python/compat/argparse.py
112 * These components are only distributed in the source package.
113 They do not appear in any binary packages.
115 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
116 --------------------------------------------
118 1. This LICENSE AGREEMENT is between the Python Software Foundation
119 ("PSF"), and the Individual or Organization ("Licensee") accessing and
120 otherwise using this software ("Python") in source or binary form and
121 its associated documentation.
123 2. Subject to the terms and conditions of this License Agreement, PSF
124 hereby grants Licensee a nonexclusive, royalty-free, world-wide
125 license to reproduce, analyze, test, perform and/or display publicly,
126 prepare derivative works, distribute, and otherwise use Python
127 alone or in any derivative version, provided, however, that PSF's
128 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
129 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
130 All Rights Reserved" are retained in Python alone or in any derivative
131 version prepared by Licensee.
133 3. In the event Licensee prepares a derivative work that is based on
134 or incorporates Python or any part thereof, and wants to make
135 the derivative work available to others as provided herein, then
136 Licensee hereby agrees to include in any such work a brief summary of
137 the changes made to Python.
139 4. PSF is making Python available to Licensee on an "AS IS"
140 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
141 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
142 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
143 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
144 INFRINGE ANY THIRD PARTY RIGHTS.
146 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
147 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
148 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
149 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
151 6. This License Agreement will automatically terminate upon a material
152 breach of its terms and conditions.
154 7. Nothing in this License Agreement shall be deemed to create any
155 relationship of agency, partnership, or joint venture between PSF and
156 Licensee. This License Agreement does not grant permission to use PSF
157 trademarks or trade name in a trademark sense to endorse or promote
158 products or services of Licensee, or any third party.
160 8. By copying, installing or otherwise using Python, Licensee
161 agrees to be bound by the terms and conditions of this License
164 * lib/ovs.tmac in the source distribution, and manpages in the
165 binaries, includes troff macros from groff 1.21 that contain the
170 .\" Written by Eric S. Raymond <esr@thyrsus.com>
171 .\" Werner Lemberg <wl@gnu.org>
173 .\" Version 2007-Feb-02
175 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
176 .\" You may freely use, modify and/or distribute this file.
178 * All other components of this package are licensed under
179 The Apache License Version 2.0.
181 On Debian systems, the complete text of the Apache License version 2.0
182 can be found in '/usr/share/common-licenses/Apache-2.0'.
184 ----------------------------------------------------------------------
186 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
188 Sun Industry Standards Source License - Version 1.1
192 1.1 "Commercial Use" means distribution or otherwise making the
193 Original Code available to a third party.
195 1.2 "Contributor Version" means the combination of the Original Code,
196 and the Modifications made by that particular Contributor.
198 1.3 "Electronic Distribution Mechanism" means a mechanism generally
199 accepted in the software development community for the electronic
202 1.4 "Executable" means Original Code in any form other than Source
205 1.5 "Initial Developer" means the individual or entity identified as
206 the Initial Developer in the Source Code notice required by Exhibit A.
208 1.6 "Larger Work" means a work which combines Original Code or portions
209 thereof with code not governed by the terms of this License.
211 1.7 "License" means this document.
213 1.8 "Licensable" means having the right to grant, to the maximum extent
214 possible, whether at the time of the initial grant or subsequently
215 acquired, any and all of the rights conveyed herein.
217 1.9 "Modifications" means any addition to or deletion from the
218 substance or structure of either the Original Code or any previous
219 Modifications. A Modification is:
221 A. Any addition to or deletion from the contents of a file containing
222 Original Code or previous Modifications.
224 B. Any new file that contains any part of the Original Code or previous
227 1.10 "Original Code" means Source Code of computer software code which
228 is described in the Source Code notice required by Exhibit A as
231 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
232 acquired, including without limitation, method, process, and apparatus
233 claims, in any patent Licensable by grantor.
235 1.12 "Source Code" means the preferred form of the Original Code for
236 making modifications to it, including all modules it contains, plus any
237 associated interface definition files, or scripts used to control
238 compilation and installation of an Executable.
240 1.13 "Standards" means the standards identified in Exhibit B.
242 1.14 "You" (or "Your") means an individual or a legal entity exercising
243 rights under, and complying with all of the terms of, this License or a
244 future version of this License issued under Section 6.1. For legal
245 entities, "You'' includes any entity which controls, is controlled by,
246 or is under common control with You. For purposes of this definition,
247 "control'' means (a) the power, direct or indirect, to cause the
248 direction or management of such entity, whether by contract or
249 otherwise, or (b) ownership of more than fifty percent (50%) of the
250 outstanding shares or beneficial ownership of such entity.
252 2.0 SOURCE CODE LICENSE
254 2.1 The Initial Developer Grant
255 The Initial Developer hereby grants You a world-wide, royalty-free,
256 non-exclusive license, subject to third party intellectual property
259 (a) under intellectual property rights (other than patent or trademark)
260 Licensable by Initial Developer to use, reproduce, modify, display,
261 perform, sublicense and distribute the Original Code (or portions
262 thereof) with or without Modifications, and/or as part of a Larger
265 (b) under Patents Claims infringed by the making, using or selling of
266 Original Code, to make, have made, use, practice, sell, and offer for
267 sale, and/or otherwise dispose of the Original Code (or portions
270 (c) the licenses granted in this Section 2.1(a) and (b) are effective
271 on the date Initial Developer first distributes Original Code under the
272 terms of this License.
274 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
275 1) for code that You delete from the Original Code; 2) separate from
276 the Original Code; or 3) for infringements caused by: i) the
277 modification of the Original Code or ii) the combination of the
278 Original Code with other software or devices, including but not limited
280 3.0 DISTRIBUTION OBLIGATIONS
282 3.1 Application of License.
283 The Source Code version of Original Code may be distributed only under
284 the terms of this License or a future version of this License released
285 under Section 6.1, and You must include a copy of this License with
286 every copy of the Source Code You distribute. You may not offer or
287 impose any terms on any Source Code version that alters or restricts
288 the applicable version of this License or the recipients' rights
289 hereunder. Your license for shipment of the Contributor Version is
290 conditioned upon Your full compliance with this Section. The
291 Modifications which You create must comply with all requirements set
292 out by the Standards body in effect one hundred twenty (120) days
293 before You ship the Contributor Version. In the event that the
294 Modifications do not meet such requirements, You agree to publish
295 either (i) any deviation from the Standards protocol resulting from
296 implementation of Your Modifications and a reference implementation of
297 Your Modifications or (ii) Your Modifications in Source Code form, and
298 to make any such deviation and reference implementation or
299 Modifications available to all third parties under the same terms as
300 this license on a royalty free basis within thirty (30) days of Your
301 first customer shipment of Your Modifications.
303 3.2 Required Notices.
304 You must duplicate the notice in Exhibit A in each file of the Source
305 Code. If it is not possible to put such notice in a particular Source
306 Code file due to its structure, then You must include such notice in a
307 location (such as a relevant directory) where a user would be likely to
308 look for such a notice. If You created one or more Modification(s) You
309 may add Your name as a Contributor to the notice described in Exhibit
310 A. You must also duplicate this License in any documentation for the
311 Source Code where You describe recipients' rights or ownership rights
312 relating to Initial Code. You may choose to offer, and to charge a fee
313 for, warranty, support, indemnity or liability obligations to one or
314 more recipients of Your version of the Code. However, You may do so
315 only on Your own behalf, and not on behalf of the Initial Developer.
316 You must make it absolutely clear than any such warranty, support,
317 indemnity or liability obligation is offered by You alone, and You
318 hereby agree to indemnify the Initial Developer for any liability
319 incurred by the Initial Developer as a result of warranty, support,
320 indemnity or liability terms You offer.
322 3.3 Distribution of Executable Versions.
323 You may distribute Original Code in Executable and Source form only if
324 the requirements of Sections 3.1 and 3.2 have been met for that
325 Original Code, and if You include a notice stating that the Source Code
326 version of the Original Code is available under the terms of this
327 License. The notice must be conspicuously included in any notice in an
328 Executable or Source versions, related documentation or collateral in
329 which You describe recipients' rights relating to the Original Code.
330 You may distribute the Executable and Source versions of Your version
331 of the Code or ownership rights under a license of Your choice, which
332 may contain terms different from this License, provided that You are in
333 compliance with the terms of this License. If You distribute the
334 Executable and Source versions under a different license You must make
335 it absolutely clear that any terms which differ from this License are
336 offered by You alone, not by the Initial Developer. You hereby agree to
337 indemnify the Initial Developer for any liability incurred by the
338 Initial Developer as a result of any such terms You offer.
341 You may create a Larger Work by combining Original Code with other code
342 not governed by the terms of this License and distribute the Larger
343 Work as a single product. In such a case, You must make sure the
344 requirements of this License are fulfilled for the Original Code.
346 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
348 If it is impossible for You to comply with any of the terms of this
349 License with respect to some or all of the Original Code due to
350 statute, judicial order, or regulation then You must: (a) comply with
351 the terms of this License to the maximum extent possible; and (b)
352 describe the limitations and the code they affect. Such description
353 must be included in the LEGAL file described in Section 3.2 and must be
354 included with all distributions of the Source Code. Except to the
355 extent prohibited by statute or regulation, such description must be
356 sufficiently detailed for a recipient of ordinary skill to be able to
359 5.0 APPLICATION OF THIS LICENSE
361 This License applies to code to which the Initial Developer has
362 attached the notice in Exhibit A and to related Modifications as set
365 6.0 VERSIONS OF THE LICENSE
368 Sun may publish revised and/or new versions of the License from time to
369 time. Each version will be given a distinguishing version number.
371 6.2 Effect of New Versions.
372 Once Original Code has been published under a particular version of the
373 License, You may always continue to use it under the terms of that
374 version. You may also choose to use such Original Code under the terms
375 of any subsequent version of the License published by Sun. No one other
376 than Sun has the right to modify the terms applicable to Original Code.
378 7.0 DISCLAIMER OF WARRANTY
380 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
381 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
382 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
383 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
384 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
385 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
386 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
387 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
388 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
389 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
393 8.1 This License and the rights granted hereunder will terminate
394 automatically if You fail to comply with terms herein and fail to cure
395 such breach within 30 days of becoming aware of the breach. All
396 sublicenses to the Original Code which are properly granted shall
397 survive any termination of this License. Provisions which, by their
398 nature, must remain in effect beyond the termination of this License
401 8.2 In the event of termination under Section 8.1 above, all end user
402 license agreements (excluding distributors and resellers) which have
403 been validly granted by You or any distributor hereunder prior to
404 termination shall survive termination.
406 9.0 LIMIT OF LIABILITY
408 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
409 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
410 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
411 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
412 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
413 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
414 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
415 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
416 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
417 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
418 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
419 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
420 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
421 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
423 10.0 U.S. GOVERNMENT END USERS
425 U.S. Government: If this Software is being acquired by or on behalf of
426 the U.S. Government or by a U.S. Government prime contractor or
427 subcontractor (at any tier), then the Government's rights in the
428 Software and accompanying documentation shall be only as set forth in
429 this license; this is in accordance with 48 C.F.R. 227.7201 through
430 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
431 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
435 This License represents the complete agreement concerning subject
436 matter hereof. If any provision of this License is held to be
437 unenforceable, such provision shall be reformed only to the extent
438 necessary to make it enforceable. This License shall be governed by
439 California law provisions (except to the extent applicable law, if any,
440 provides otherwise), excluding its conflict-of-law provisions. With
441 respect to disputes in which at least one party is a citizen of, or an
442 entity chartered or registered to do business in the United States of
443 America, any litigation relating to this License shall be subject to
444 the jurisdiction of the Federal Courts of the Northern District of
445 California, with venue lying in Santa Clara County, California, with
446 the losing party responsible for costs, including without limitation,
447 court costs and reasonable attorneys' fees and expenses. The
448 application of the United Nations Convention on Contracts for the
449 International Sale of Goods is expressly excluded. Any law or
450 regulation which provides that the language of a contract shall be
451 construed against the drafter shall not apply to this License.
453 EXHIBIT A - Sun Standards License
454 "The contents of this file are subject to the Sun Standards
455 License Version 1.1 (the "License");
456 You may not use this file except in compliance with the
457 License. You may obtain a copy of the
458 License at _______________________________.
460 Software distributed under the License is distributed on
461 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
462 express or implied. See the License for the specific
463 language governing rights and limitations under the License.
465 The Original Code is ______________________________________.
467 The Initial Developer of the Original Code is:
470 Portions created by: _______________________________________
472 are Copyright (C): _______________________________________
476 Contributor(s): _______________________________________
478 EXHIBIT B - Standards
480 The Standard is defined as the following:
482 sFlow Specification, located at
483 [1]http://sflow.org/developers/specifications.php
487 1. http://sflow.org/developers/specifications.php
489 ----------------------------------------------------------------------
491 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
495 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
496 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
497 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
498 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
499 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
500 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
501 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
505 "Documentation" means the user manuals, training materials, and operating materials, if any,
506 InMon provides to Licensee under this Agreement.
508 "InMon" means InMon Corporation, its affiliates and subsidiaries.
510 "Intellectual Property Rights" means any trade secrets, patents, including without
511 limitation any patents covering the Software, copyrights, know-how, moral rights and
512 similar rights of any type under the laws of any governmental authority, domestic or
513 foreign, including all applications and registrations relating to any of the foregoing.
515 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
516 or on behalf of Licensee.
518 "Products" means any and all software applications, computers, routers, or other equipment
519 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
520 third party, or otherwise made available by Licensee free of charge.
522 "Software" means the sFlow(R) software programs, in source or binary code format, that
523 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
524 which InMon may provide to Licensee.
526 "Specifications" means the published specifications provided or otherwise made available by
527 InMon at: http://www.sflow.org.
529 "Trademark" means InMon's "sFlow(R)" trademark.
533 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
534 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
535 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
536 transferable, sublicensable license, to: (i) use and reproduce the Software, the
537 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
538 Specifications in the Products; (iv) install the Software, or software in which the
539 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
540 any Products that include the Software, the Documentation, or software in which the
541 Specifications have been implemented.
543 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
544 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
545 transferable, sublicensable license to use the Trademark on or in connection with the
546 Software, the Documentation, the Specifications and any software that implements the
549 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
550 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
551 exercising its rights under the license granted to it in this Agreement, Licensee will:
552 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
553 and no other mark, to identify the Software, the Documentation, the Specifications and any
554 Products that implement the Specifications; (iii) place, in a font or graphic design
555 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
556 sales/marketing materials, catalogs, or other such materials relating to products it
557 manufactures or markets which it has configured to be compatible with the Software or
558 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
559 sold in other countries that include the Software or any software that implements the
560 Specifications, comply with the patent and trademark laws and practice of such other
561 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
562 InMon that may appear in or on the Software, the Documentation or the Specifications. In
563 the event InMon determines that Licensee is not complying with its obligations under
564 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
565 fails to correct such non-compliance within three (3) months, InMon may immediately
566 terminate this Agreement as provided under paragraph 7 below and pursue any and all
567 actions and remedies as it deems necessary, including, but not limited to breach of
570 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
571 retains all right, title, and interest in and to the Trademark and all its Intellectual
572 Property Rights in the Software, the Documentation and the Specifications. Licensee
573 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
574 implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
575 Documentation and Specifications are being licensed and not sold under this Agreement, and
576 that this Agreement does not transfer title in the Trademark, Software, Documentation or
577 Specifications, or any copy thereof, to Licensee.
579 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
580 maintenance or support, bug fixes or error corrections to the Licensed Software,
581 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
582 development tools to Licensee.
584 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
585 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
586 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
587 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
590 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
591 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
592 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
593 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
594 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
595 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
596 PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
599 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
600 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
601 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
602 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
603 termination rights as set forth in Section 2.3 above. Upon any termination of this
604 Agreement, Licensee shall cease exercising its license rights under this Agreement,
605 including the right to distribute Products that incorporate the Software or Documentation
606 or that implement the Specifications. The rights and obligations contained in Sections 1,
607 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
609 8. General Provisions.
611 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
612 parties hereto and their permitted successors and permitted assigns. InMon will have the
613 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
614 (whether by merger, operation of law or in any other manner) any of its rights or delegate
615 any of its obligations hereunder without the prior written consent of InMon, provided the
616 assignee assumes in writing all of Licensee's obligations hereunder.
618 8.2 Notices. All notices permitted or required under this Agreement shall be in
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620 mail, postage prepaid, to the address of the party specified in this Agreement or such
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622 been given upon receipt.
624 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
625 excused, unless such waiver or consent shall be in writing and signed by the party claimed
626 to have waived or consented. Any consent or waiver, whether express or implied, shall not
627 constitute a consent or waiver of, or excuse for any separate, different or subsequent
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631 independent contractors, and nothing contained in this Agreement shall be construed to make
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634 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
635 the laws of the State of California, without giving effect to such state's conflict of laws
636 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
637 legal proceeding with respect to or arising under this Agreement shall be brought in, the
638 United States District Court for the Northern District of California or the state courts
639 of the State of California for the County of San Francisco.
641 8.6 U.S. Government Licenses. The Software and Documentation are considered a
642 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
643 software" and "commercial computer software documentation" as such terms are used in
644 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
645 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
647 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
648 applicable law, then such provision shall be excluded from this Agreement and the balance
649 of this Agreement shall be interpreted as if such provision were so excluded and shall be
650 enforceable in accordance with its terms. The court in its discretion may substitute for
651 the excluded provision an enforceable provision which in economic substance reasonably
652 approximates the excluded provision.
654 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
655 regulations (including privacy laws and regulations) having application to or governing its
656 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
657 and against any claims, damages, losses or obligations suffered or incurred by InMon
658 arising from its failure to so comply.
660 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
661 entire agreement between the parties with respect to the subject matter hereof, and
662 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
663 verbal or written, made between the parties with respect to such subject matter. This
664 Agreement shall control over any additional or conflicting terms in any of Licensee's
665 purchase orders or other business forms. This Agreement may only be amended or modified
666 by mutual agreement of authorized representatives of the parties in writing.
669 580 California Street, 5th Floor, San Francisco, CA 94104
670 Phone: (415) 283-3260
672 Email: info@inmon.com