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/datapath-compat.h
80 include/openvswitch/tunnel.h
82 On Debian systems, the complete text of the GNU General Public License
83 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
84 On Debian systems, the complete text of the Apache License version 2.0
85 can be found in '/usr/share/common-licenses/Apache-2.0'.
87 * The following components are licensed under the terms of either the
88 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
97 These licenses are available, respectively, the following URLs:
99 http://host-sflow.sourceforge.net/sissl.html
100 http://www.inmon.com/technology/sflowlicense.txt
102 The full text of each license is also appended to the end of this
105 * The following components are licensed under the
106 Python Software Foundation License Version 2.
108 python/compat/uuid.py
109 python/compat/argparse.py
111 * These components are only distributed in the source package.
112 They do not appear in any binary packages.
114 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
115 --------------------------------------------
117 1. This LICENSE AGREEMENT is between the Python Software Foundation
118 ("PSF"), and the Individual or Organization ("Licensee") accessing and
119 otherwise using this software ("Python") in source or binary form and
120 its associated documentation.
122 2. Subject to the terms and conditions of this License Agreement, PSF
123 hereby grants Licensee a nonexclusive, royalty-free, world-wide
124 license to reproduce, analyze, test, perform and/or display publicly,
125 prepare derivative works, distribute, and otherwise use Python
126 alone or in any derivative version, provided, however, that PSF's
127 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
128 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
129 All Rights Reserved" are retained in Python alone or in any derivative
130 version prepared by Licensee.
132 3. In the event Licensee prepares a derivative work that is based on
133 or incorporates Python or any part thereof, and wants to make
134 the derivative work available to others as provided herein, then
135 Licensee hereby agrees to include in any such work a brief summary of
136 the changes made to Python.
138 4. PSF is making Python available to Licensee on an "AS IS"
139 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
140 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
141 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
142 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
143 INFRINGE ANY THIRD PARTY RIGHTS.
145 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
146 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
147 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
148 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
150 6. This License Agreement will automatically terminate upon a material
151 breach of its terms and conditions.
153 7. Nothing in this License Agreement shall be deemed to create any
154 relationship of agency, partnership, or joint venture between PSF and
155 Licensee. This License Agreement does not grant permission to use PSF
156 trademarks or trade name in a trademark sense to endorse or promote
157 products or services of Licensee, or any third party.
159 8. By copying, installing or otherwise using Python, Licensee
160 agrees to be bound by the terms and conditions of this License
163 * lib/ovs.tmac in the source distribution, and manpages in the
164 binaries, includes troff macros from groff 1.21 that contain the
169 .\" Written by Eric S. Raymond <esr@thyrsus.com>
170 .\" Werner Lemberg <wl@gnu.org>
172 .\" Version 2007-Feb-02
174 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
175 .\" You may freely use, modify and/or distribute this file.
177 * All other components of this package are licensed under
178 The Apache License Version 2.0.
180 On Debian systems, the complete text of the Apache License version 2.0
181 can be found in '/usr/share/common-licenses/Apache-2.0'.
183 ----------------------------------------------------------------------
185 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
187 Sun Industry Standards Source License - Version 1.1
191 1.1 "Commercial Use" means distribution or otherwise making the
192 Original Code available to a third party.
194 1.2 "Contributor Version" means the combination of the Original Code,
195 and the Modifications made by that particular Contributor.
197 1.3 "Electronic Distribution Mechanism" means a mechanism generally
198 accepted in the software development community for the electronic
201 1.4 "Executable" means Original Code in any form other than Source
204 1.5 "Initial Developer" means the individual or entity identified as
205 the Initial Developer in the Source Code notice required by Exhibit A.
207 1.6 "Larger Work" means a work which combines Original Code or portions
208 thereof with code not governed by the terms of this License.
210 1.7 "License" means this document.
212 1.8 "Licensable" means having the right to grant, to the maximum extent
213 possible, whether at the time of the initial grant or subsequently
214 acquired, any and all of the rights conveyed herein.
216 1.9 "Modifications" means any addition to or deletion from the
217 substance or structure of either the Original Code or any previous
218 Modifications. A Modification is:
220 A. Any addition to or deletion from the contents of a file containing
221 Original Code or previous Modifications.
223 B. Any new file that contains any part of the Original Code or previous
226 1.10 "Original Code" means Source Code of computer software code which
227 is described in the Source Code notice required by Exhibit A as
230 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
231 acquired, including without limitation, method, process, and apparatus
232 claims, in any patent Licensable by grantor.
234 1.12 "Source Code" means the preferred form of the Original Code for
235 making modifications to it, including all modules it contains, plus any
236 associated interface definition files, or scripts used to control
237 compilation and installation of an Executable.
239 1.13 "Standards" means the standards identified in Exhibit B.
241 1.14 "You" (or "Your") means an individual or a legal entity exercising
242 rights under, and complying with all of the terms of, this License or a
243 future version of this License issued under Section 6.1. For legal
244 entities, "You'' includes any entity which controls, is controlled by,
245 or is under common control with You. For purposes of this definition,
246 "control'' means (a) the power, direct or indirect, to cause the
247 direction or management of such entity, whether by contract or
248 otherwise, or (b) ownership of more than fifty percent (50%) of the
249 outstanding shares or beneficial ownership of such entity.
251 2.0 SOURCE CODE LICENSE
253 2.1 The Initial Developer Grant
254 The Initial Developer hereby grants You a world-wide, royalty-free,
255 non-exclusive license, subject to third party intellectual property
258 (a) under intellectual property rights (other than patent or trademark)
259 Licensable by Initial Developer to use, reproduce, modify, display,
260 perform, sublicense and distribute the Original Code (or portions
261 thereof) with or without Modifications, and/or as part of a Larger
264 (b) under Patents Claims infringed by the making, using or selling of
265 Original Code, to make, have made, use, practice, sell, and offer for
266 sale, and/or otherwise dispose of the Original Code (or portions
269 (c) the licenses granted in this Section 2.1(a) and (b) are effective
270 on the date Initial Developer first distributes Original Code under the
271 terms of this License.
273 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
274 1) for code that You delete from the Original Code; 2) separate from
275 the Original Code; or 3) for infringements caused by: i) the
276 modification of the Original Code or ii) the combination of the
277 Original Code with other software or devices, including but not limited
279 3.0 DISTRIBUTION OBLIGATIONS
281 3.1 Application of License.
282 The Source Code version of Original Code may be distributed only under
283 the terms of this License or a future version of this License released
284 under Section 6.1, and You must include a copy of this License with
285 every copy of the Source Code You distribute. You may not offer or
286 impose any terms on any Source Code version that alters or restricts
287 the applicable version of this License or the recipients' rights
288 hereunder. Your license for shipment of the Contributor Version is
289 conditioned upon Your full compliance with this Section. The
290 Modifications which You create must comply with all requirements set
291 out by the Standards body in effect one hundred twenty (120) days
292 before You ship the Contributor Version. In the event that the
293 Modifications do not meet such requirements, You agree to publish
294 either (i) any deviation from the Standards protocol resulting from
295 implementation of Your Modifications and a reference implementation of
296 Your Modifications or (ii) Your Modifications in Source Code form, and
297 to make any such deviation and reference implementation or
298 Modifications available to all third parties under the same terms as
299 this license on a royalty free basis within thirty (30) days of Your
300 first customer shipment of Your Modifications.
302 3.2 Required Notices.
303 You must duplicate the notice in Exhibit A in each file of the Source
304 Code. If it is not possible to put such notice in a particular Source
305 Code file due to its structure, then You must include such notice in a
306 location (such as a relevant directory) where a user would be likely to
307 look for such a notice. If You created one or more Modification(s) You
308 may add Your name as a Contributor to the notice described in Exhibit
309 A. You must also duplicate this License in any documentation for the
310 Source Code where You describe recipients' rights or ownership rights
311 relating to Initial Code. You may choose to offer, and to charge a fee
312 for, warranty, support, indemnity or liability obligations to one or
313 more recipients of Your version of the Code. However, You may do so
314 only on Your own behalf, and not on behalf of the Initial Developer.
315 You must make it absolutely clear than any such warranty, support,
316 indemnity or liability obligation is offered by You alone, and You
317 hereby agree to indemnify the Initial Developer for any liability
318 incurred by the Initial Developer as a result of warranty, support,
319 indemnity or liability terms You offer.
321 3.3 Distribution of Executable Versions.
322 You may distribute Original Code in Executable and Source form only if
323 the requirements of Sections 3.1 and 3.2 have been met for that
324 Original Code, and if You include a notice stating that the Source Code
325 version of the Original Code is available under the terms of this
326 License. The notice must be conspicuously included in any notice in an
327 Executable or Source versions, related documentation or collateral in
328 which You describe recipients' rights relating to the Original Code.
329 You may distribute the Executable and Source versions of Your version
330 of the Code or ownership rights under a license of Your choice, which
331 may contain terms different from this License, provided that You are in
332 compliance with the terms of this License. If You distribute the
333 Executable and Source versions under a different license You must make
334 it absolutely clear that any terms which differ from this License are
335 offered by You alone, not by the Initial Developer. You hereby agree to
336 indemnify the Initial Developer for any liability incurred by the
337 Initial Developer as a result of any such terms You offer.
340 You may create a Larger Work by combining Original Code with other code
341 not governed by the terms of this License and distribute the Larger
342 Work as a single product. In such a case, You must make sure the
343 requirements of this License are fulfilled for the Original Code.
345 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
347 If it is impossible for You to comply with any of the terms of this
348 License with respect to some or all of the Original Code due to
349 statute, judicial order, or regulation then You must: (a) comply with
350 the terms of this License to the maximum extent possible; and (b)
351 describe the limitations and the code they affect. Such description
352 must be included in the LEGAL file described in Section 3.2 and must be
353 included with all distributions of the Source Code. Except to the
354 extent prohibited by statute or regulation, such description must be
355 sufficiently detailed for a recipient of ordinary skill to be able to
358 5.0 APPLICATION OF THIS LICENSE
360 This License applies to code to which the Initial Developer has
361 attached the notice in Exhibit A and to related Modifications as set
364 6.0 VERSIONS OF THE LICENSE
367 Sun may publish revised and/or new versions of the License from time to
368 time. Each version will be given a distinguishing version number.
370 6.2 Effect of New Versions.
371 Once Original Code has been published under a particular version of the
372 License, You may always continue to use it under the terms of that
373 version. You may also choose to use such Original Code under the terms
374 of any subsequent version of the License published by Sun. No one other
375 than Sun has the right to modify the terms applicable to Original Code.
377 7.0 DISCLAIMER OF WARRANTY
379 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
380 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
381 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
382 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
383 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
384 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
385 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
386 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
387 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
388 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
392 8.1 This License and the rights granted hereunder will terminate
393 automatically if You fail to comply with terms herein and fail to cure
394 such breach within 30 days of becoming aware of the breach. All
395 sublicenses to the Original Code which are properly granted shall
396 survive any termination of this License. Provisions which, by their
397 nature, must remain in effect beyond the termination of this License
400 8.2 In the event of termination under Section 8.1 above, all end user
401 license agreements (excluding distributors and resellers) which have
402 been validly granted by You or any distributor hereunder prior to
403 termination shall survive termination.
405 9.0 LIMIT OF LIABILITY
407 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
408 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
409 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
410 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
411 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
412 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
413 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
414 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
415 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
416 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
417 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
418 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
419 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
420 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
422 10.0 U.S. GOVERNMENT END USERS
424 U.S. Government: If this Software is being acquired by or on behalf of
425 the U.S. Government or by a U.S. Government prime contractor or
426 subcontractor (at any tier), then the Government's rights in the
427 Software and accompanying documentation shall be only as set forth in
428 this license; this is in accordance with 48 C.F.R. 227.7201 through
429 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
430 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
434 This License represents the complete agreement concerning subject
435 matter hereof. If any provision of this License is held to be
436 unenforceable, such provision shall be reformed only to the extent
437 necessary to make it enforceable. This License shall be governed by
438 California law provisions (except to the extent applicable law, if any,
439 provides otherwise), excluding its conflict-of-law provisions. With
440 respect to disputes in which at least one party is a citizen of, or an
441 entity chartered or registered to do business in the United States of
442 America, any litigation relating to this License shall be subject to
443 the jurisdiction of the Federal Courts of the Northern District of
444 California, with venue lying in Santa Clara County, California, with
445 the losing party responsible for costs, including without limitation,
446 court costs and reasonable attorneys' fees and expenses. The
447 application of the United Nations Convention on Contracts for the
448 International Sale of Goods is expressly excluded. Any law or
449 regulation which provides that the language of a contract shall be
450 construed against the drafter shall not apply to this License.
452 EXHIBIT A - Sun Standards License
453 "The contents of this file are subject to the Sun Standards
454 License Version 1.1 (the "License");
455 You may not use this file except in compliance with the
456 License. You may obtain a copy of the
457 License at _______________________________.
459 Software distributed under the License is distributed on
460 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
461 express or implied. See the License for the specific
462 language governing rights and limitations under the License.
464 The Original Code is ______________________________________.
466 The Initial Developer of the Original Code is:
469 Portions created by: _______________________________________
471 are Copyright (C): _______________________________________
475 Contributor(s): _______________________________________
477 EXHIBIT B - Standards
479 The Standard is defined as the following:
481 sFlow Specification, located at
482 [1]http://sflow.org/developers/specifications.php
486 1. http://sflow.org/developers/specifications.php
488 ----------------------------------------------------------------------
490 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
494 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
495 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
496 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
497 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
498 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
499 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
500 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
504 "Documentation" means the user manuals, training materials, and operating materials, if any,
505 InMon provides to Licensee under this Agreement.
507 "InMon" means InMon Corporation, its affiliates and subsidiaries.
509 "Intellectual Property Rights" means any trade secrets, patents, including without
510 limitation any patents covering the Software, copyrights, know-how, moral rights and
511 similar rights of any type under the laws of any governmental authority, domestic or
512 foreign, including all applications and registrations relating to any of the foregoing.
514 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
515 or on behalf of Licensee.
517 "Products" means any and all software applications, computers, routers, or other equipment
518 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
519 third party, or otherwise made available by Licensee free of charge.
521 "Software" means the sFlow(R) software programs, in source or binary code format, that
522 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
523 which InMon may provide to Licensee.
525 "Specifications" means the published specifications provided or otherwise made available by
526 InMon at: http://www.sflow.org.
528 "Trademark" means InMon's "sFlow(R)" trademark.
532 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
533 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
534 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
535 transferable, sublicensable license, to: (i) use and reproduce the Software, the
536 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
537 Specifications in the Products; (iv) install the Software, or software in which the
538 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
539 any Products that include the Software, the Documentation, or software in which the
540 Specifications have been implemented.
542 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
543 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
544 transferable, sublicensable license to use the Trademark on or in connection with the
545 Software, the Documentation, the Specifications and any software that implements the
548 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
549 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
550 exercising its rights under the license granted to it in this Agreement, Licensee will:
551 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
552 and no other mark, to identify the Software, the Documentation, the Specifications and any
553 Products that implement the Specifications; (iii) place, in a font or graphic design
554 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
555 sales/marketing materials, catalogs, or other such materials relating to products it
556 manufactures or markets which it has configured to be compatible with the Software or
557 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
558 sold in other countries that include the Software or any software that implements the
559 Specifications, comply with the patent and trademark laws and practice of such other
560 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
561 InMon that may appear in or on the Software, the Documentation or the Specifications. In
562 the event InMon determines that Licensee is not complying with its obligations under
563 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
564 fails to correct such non-compliance within three (3) months, InMon may immediately
565 terminate this Agreement as provided under paragraph 7 below and pursue any and all
566 actions and remedies as it deems necessary, including, but not limited to breach of
569 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
570 retains all right, title, and interest in and to the Trademark and all its Intellectual
571 Property Rights in the Software, the Documentation and the Specifications. Licensee
572 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
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574 Documentation and Specifications are being licensed and not sold under this Agreement, and
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578 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
579 maintenance or support, bug fixes or error corrections to the Licensed Software,
580 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
581 development tools to Licensee.
583 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
584 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
585 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
586 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
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590 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
591 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
592 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
593 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
594 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
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598 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
599 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
600 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
601 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
602 termination rights as set forth in Section 2.3 above. Upon any termination of this
603 Agreement, Licensee shall cease exercising its license rights under this Agreement,
604 including the right to distribute Products that incorporate the Software or Documentation
605 or that implement the Specifications. The rights and obligations contained in Sections 1,
606 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
608 8. General Provisions.
610 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
611 parties hereto and their permitted successors and permitted assigns. InMon will have the
612 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
613 (whether by merger, operation of law or in any other manner) any of its rights or delegate
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615 assignee assumes in writing all of Licensee's obligations hereunder.
617 8.2 Notices. All notices permitted or required under this Agreement shall be in
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623 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
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633 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
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636 legal proceeding with respect to or arising under this Agreement shall be brought in, the
637 United States District Court for the Northern District of California or the state courts
638 of the State of California for the County of San Francisco.
640 8.6 U.S. Government Licenses. The Software and Documentation are considered a
641 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
642 software" and "commercial computer software documentation" as such terms are used in
643 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
644 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
646 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
647 applicable law, then such provision shall be excluded from this Agreement and the balance
648 of this Agreement shall be interpreted as if such provision were so excluded and shall be
649 enforceable in accordance with its terms. The court in its discretion may substitute for
650 the excluded provision an enforceable provision which in economic substance reasonably
651 approximates the excluded provision.
653 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
654 regulations (including privacy laws and regulations) having application to or governing its
655 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
656 and against any claims, damages, losses or obligations suffered or incurred by InMon
657 arising from its failure to so comply.
659 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
660 entire agreement between the parties with respect to the subject matter hereof, and
661 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
662 verbal or written, made between the parties with respect to such subject matter. This
663 Agreement shall control over any additional or conflicting terms in any of Licensee's
664 purchase orders or other business forms. This Agreement may only be amended or modified
665 by mutual agreement of authorized representatives of the parties in writing.
668 580 California Street, 5th Floor, San Francisco, CA 94104
669 Phone: (415) 283-3260
671 Email: info@inmon.com