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, 2013 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
16 Copyright (C) 2000-2003 Geoffrey Wossum (gwossum@acm.org)
17 Copyright (C) 2000 The NetBSD Foundation, Inc.
18 Copyright (C) 1995, 1996, 1997, and 1998 WIDE Project.
19 Copyright (c) 1982, 1986, 1990, 1993 The Regents of the University of California.
23 * The following components are licensed under the
24 GNU Lesser General Public License version 2.1 only
25 with the exception clause below as a pre-amble.
27 xenserver/etc_xensource_scripts_vif
28 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
29 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
30 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
31 xenserver/opt_xensource_libexec_interface-reconfigure
32 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
34 * These components are only distributed in the source package.
35 They do not appear in any binary packages.
37 On Debian systems, the complete text of the
38 GNU Lesser General Public License version 2.1 can be found in
39 `/usr/share/common-licenses/LGPL-2.1'
41 The exception clause pre-amble reads:
43 As a special exception to the GNU Lesser General Public License, you
44 may link, statically or dynamically, a "work that uses the Library"
45 with a publicly distributed version of the Library to produce an
46 executable file containing portions of the Library, and distribute
47 that executable file under terms of your choice, without any of the
48 additional requirements listed in clause 6 of the GNU Lesser General
49 Public License. By "a publicly distributed version of the Library",
50 we mean either the unmodified Library as distributed, or a
51 modified version of the Library that is distributed under the
52 conditions defined in clause 3 of the GNU Library General Public
53 License. This exception does not however invalidate any other reasons
54 why the executable file might be covered by the GNU Lesser General
57 * The following components are licensed under the
58 GNU Lesser General Public License version 2.1.
60 utilities/bugtool/ovs-bugtool
61 utilities/bugtool/ovs-bugtool-*
62 utilities/bugtool/plugins/kernel-info/openvswitch.xml
63 utilities/bugtool/plugins/network-status/openvswitch.xml
64 utilities/bugtool/plugins/system-configuration.xml
65 utilities/bugtool/plugins/system-configuration/openvswitch.xml
67 On Debian systems, the complete text of the
68 GNU Lesser General Public License version 2.1 can be found in
69 `/usr/share/common-licenses/LGPL-2.1'
71 * The following component is licensed under the GNU General Public License
76 On Debian systems, the complete text of the GNU General Public License
77 version 2 can be found in `/usr/share/common-licenses/GPL-2'
79 * The following file is licensed under the GNU General Public License
84 * The following files are licensed under the 2-clause BSD license.
87 include/windows/getopt.h
89 * The following files are licensed under the 3-clause BSD-license
91 include/windows/netinet/icmp6.h
92 include/windows/netinet/ip6.h
95 * The following components are dual-licensed under the
96 GNU General Public License version 2 and the Apache License Version 2.0.
98 include/linux/openvswitch.h
100 On Debian systems, the complete text of the GNU General Public License
101 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
102 On Debian systems, the complete text of the Apache License version 2.0
103 can be found in '/usr/share/common-licenses/Apache-2.0'.
105 * The following components are licensed under the terms of either the
106 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
115 These licenses are available, respectively, the following URLs:
117 http://host-sflow.sourceforge.net/sissl.html
118 http://www.inmon.com/technology/sflowlicense.txt
120 The full text of each license is also appended to the end of this
123 * The following components are licensed for use as desired without restriction:
127 * The following components are licensed under the
128 Python Software Foundation License Version 2.
130 python/compat/uuid.py
131 python/compat/argparse.py
133 * These components are only distributed in the source package.
134 They do not appear in any binary packages.
136 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
137 --------------------------------------------
139 1. This LICENSE AGREEMENT is between the Python Software Foundation
140 ("PSF"), and the Individual or Organization ("Licensee") accessing and
141 otherwise using this software ("Python") in source or binary form and
142 its associated documentation.
144 2. Subject to the terms and conditions of this License Agreement, PSF
145 hereby grants Licensee a nonexclusive, royalty-free, world-wide
146 license to reproduce, analyze, test, perform and/or display publicly,
147 prepare derivative works, distribute, and otherwise use Python
148 alone or in any derivative version, provided, however, that PSF's
149 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
150 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
151 All Rights Reserved" are retained in Python alone or in any derivative
152 version prepared by Licensee.
154 3. In the event Licensee prepares a derivative work that is based on
155 or incorporates Python or any part thereof, and wants to make
156 the derivative work available to others as provided herein, then
157 Licensee hereby agrees to include in any such work a brief summary of
158 the changes made to Python.
160 4. PSF is making Python available to Licensee on an "AS IS"
161 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
162 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
163 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
164 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
165 INFRINGE ANY THIRD PARTY RIGHTS.
167 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
168 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
169 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
170 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
172 6. This License Agreement will automatically terminate upon a material
173 breach of its terms and conditions.
175 7. Nothing in this License Agreement shall be deemed to create any
176 relationship of agency, partnership, or joint venture between PSF and
177 Licensee. This License Agreement does not grant permission to use PSF
178 trademarks or trade name in a trademark sense to endorse or promote
179 products or services of Licensee, or any third party.
181 8. By copying, installing or otherwise using Python, Licensee
182 agrees to be bound by the terms and conditions of this License
185 * lib/ovs.tmac in the source distribution, and manpages in the
186 binaries, includes troff macros from groff 1.21 that contain the
191 .\" Written by Eric S. Raymond <esr@thyrsus.com>
192 .\" Werner Lemberg <wl@gnu.org>
194 .\" Version 2007-Feb-02
196 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
197 .\" You may freely use, modify and/or distribute this file.
199 * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
200 Paul Eggert and Derek Price bear the following notices:
202 Copyright (C) 2006-2013 Free Software Foundation, Inc.
203 This file is free software; the Free Software Foundation
204 gives unlimited permission to copy and/or distribute it,
205 with or without modifications, as long as this notice is preserved.
207 * All other components of this package are licensed under
208 The Apache License Version 2.0.
210 On Debian systems, the complete text of the Apache License version 2.0
211 can be found in '/usr/share/common-licenses/Apache-2.0'.
213 ----------------------------------------------------------------------
215 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
217 Sun Industry Standards Source License - Version 1.1
221 1.1 "Commercial Use" means distribution or otherwise making the
222 Original Code available to a third party.
224 1.2 "Contributor Version" means the combination of the Original Code,
225 and the Modifications made by that particular Contributor.
227 1.3 "Electronic Distribution Mechanism" means a mechanism generally
228 accepted in the software development community for the electronic
231 1.4 "Executable" means Original Code in any form other than Source
234 1.5 "Initial Developer" means the individual or entity identified as
235 the Initial Developer in the Source Code notice required by Exhibit A.
237 1.6 "Larger Work" means a work which combines Original Code or portions
238 thereof with code not governed by the terms of this License.
240 1.7 "License" means this document.
242 1.8 "Licensable" means having the right to grant, to the maximum extent
243 possible, whether at the time of the initial grant or subsequently
244 acquired, any and all of the rights conveyed herein.
246 1.9 "Modifications" means any addition to or deletion from the
247 substance or structure of either the Original Code or any previous
248 Modifications. A Modification is:
250 A. Any addition to or deletion from the contents of a file containing
251 Original Code or previous Modifications.
253 B. Any new file that contains any part of the Original Code or previous
256 1.10 "Original Code" means Source Code of computer software code which
257 is described in the Source Code notice required by Exhibit A as
260 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
261 acquired, including without limitation, method, process, and apparatus
262 claims, in any patent Licensable by grantor.
264 1.12 "Source Code" means the preferred form of the Original Code for
265 making modifications to it, including all modules it contains, plus any
266 associated interface definition files, or scripts used to control
267 compilation and installation of an Executable.
269 1.13 "Standards" means the standards identified in Exhibit B.
271 1.14 "You" (or "Your") means an individual or a legal entity exercising
272 rights under, and complying with all of the terms of, this License or a
273 future version of this License issued under Section 6.1. For legal
274 entities, "You'' includes any entity which controls, is controlled by,
275 or is under common control with You. For purposes of this definition,
276 "control'' means (a) the power, direct or indirect, to cause the
277 direction or management of such entity, whether by contract or
278 otherwise, or (b) ownership of more than fifty percent (50%) of the
279 outstanding shares or beneficial ownership of such entity.
281 2.0 SOURCE CODE LICENSE
283 2.1 The Initial Developer Grant
284 The Initial Developer hereby grants You a world-wide, royalty-free,
285 non-exclusive license, subject to third party intellectual property
288 (a) under intellectual property rights (other than patent or trademark)
289 Licensable by Initial Developer to use, reproduce, modify, display,
290 perform, sublicense and distribute the Original Code (or portions
291 thereof) with or without Modifications, and/or as part of a Larger
294 (b) under Patents Claims infringed by the making, using or selling of
295 Original Code, to make, have made, use, practice, sell, and offer for
296 sale, and/or otherwise dispose of the Original Code (or portions
299 (c) the licenses granted in this Section 2.1(a) and (b) are effective
300 on the date Initial Developer first distributes Original Code under the
301 terms of this License.
303 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
304 1) for code that You delete from the Original Code; 2) separate from
305 the Original Code; or 3) for infringements caused by: i) the
306 modification of the Original Code or ii) the combination of the
307 Original Code with other software or devices, including but not limited
309 3.0 DISTRIBUTION OBLIGATIONS
311 3.1 Application of License.
312 The Source Code version of Original Code may be distributed only under
313 the terms of this License or a future version of this License released
314 under Section 6.1, and You must include a copy of this License with
315 every copy of the Source Code You distribute. You may not offer or
316 impose any terms on any Source Code version that alters or restricts
317 the applicable version of this License or the recipients' rights
318 hereunder. Your license for shipment of the Contributor Version is
319 conditioned upon Your full compliance with this Section. The
320 Modifications which You create must comply with all requirements set
321 out by the Standards body in effect one hundred twenty (120) days
322 before You ship the Contributor Version. In the event that the
323 Modifications do not meet such requirements, You agree to publish
324 either (i) any deviation from the Standards protocol resulting from
325 implementation of Your Modifications and a reference implementation of
326 Your Modifications or (ii) Your Modifications in Source Code form, and
327 to make any such deviation and reference implementation or
328 Modifications available to all third parties under the same terms as
329 this license on a royalty free basis within thirty (30) days of Your
330 first customer shipment of Your Modifications.
332 3.2 Required Notices.
333 You must duplicate the notice in Exhibit A in each file of the Source
334 Code. If it is not possible to put such notice in a particular Source
335 Code file due to its structure, then You must include such notice in a
336 location (such as a relevant directory) where a user would be likely to
337 look for such a notice. If You created one or more Modification(s) You
338 may add Your name as a Contributor to the notice described in Exhibit
339 A. You must also duplicate this License in any documentation for the
340 Source Code where You describe recipients' rights or ownership rights
341 relating to Initial Code. You may choose to offer, and to charge a fee
342 for, warranty, support, indemnity or liability obligations to one or
343 more recipients of Your version of the Code. However, You may do so
344 only on Your own behalf, and not on behalf of the Initial Developer.
345 You must make it absolutely clear than any such warranty, support,
346 indemnity or liability obligation is offered by You alone, and You
347 hereby agree to indemnify the Initial Developer for any liability
348 incurred by the Initial Developer as a result of warranty, support,
349 indemnity or liability terms You offer.
351 3.3 Distribution of Executable Versions.
352 You may distribute Original Code in Executable and Source form only if
353 the requirements of Sections 3.1 and 3.2 have been met for that
354 Original Code, and if You include a notice stating that the Source Code
355 version of the Original Code is available under the terms of this
356 License. The notice must be conspicuously included in any notice in an
357 Executable or Source versions, related documentation or collateral in
358 which You describe recipients' rights relating to the Original Code.
359 You may distribute the Executable and Source versions of Your version
360 of the Code or ownership rights under a license of Your choice, which
361 may contain terms different from this License, provided that You are in
362 compliance with the terms of this License. If You distribute the
363 Executable and Source versions under a different license You must make
364 it absolutely clear that any terms which differ from this License are
365 offered by You alone, not by the Initial Developer. You hereby agree to
366 indemnify the Initial Developer for any liability incurred by the
367 Initial Developer as a result of any such terms You offer.
370 You may create a Larger Work by combining Original Code with other code
371 not governed by the terms of this License and distribute the Larger
372 Work as a single product. In such a case, You must make sure the
373 requirements of this License are fulfilled for the Original Code.
375 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
377 If it is impossible for You to comply with any of the terms of this
378 License with respect to some or all of the Original Code due to
379 statute, judicial order, or regulation then You must: (a) comply with
380 the terms of this License to the maximum extent possible; and (b)
381 describe the limitations and the code they affect. Such description
382 must be included in the LEGAL file described in Section 3.2 and must be
383 included with all distributions of the Source Code. Except to the
384 extent prohibited by statute or regulation, such description must be
385 sufficiently detailed for a recipient of ordinary skill to be able to
388 5.0 APPLICATION OF THIS LICENSE
390 This License applies to code to which the Initial Developer has
391 attached the notice in Exhibit A and to related Modifications as set
394 6.0 VERSIONS OF THE LICENSE
397 Sun may publish revised and/or new versions of the License from time to
398 time. Each version will be given a distinguishing version number.
400 6.2 Effect of New Versions.
401 Once Original Code has been published under a particular version of the
402 License, You may always continue to use it under the terms of that
403 version. You may also choose to use such Original Code under the terms
404 of any subsequent version of the License published by Sun. No one other
405 than Sun has the right to modify the terms applicable to Original Code.
407 7.0 DISCLAIMER OF WARRANTY
409 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
410 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
411 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
412 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
413 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
414 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
415 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
416 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
417 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
418 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
422 8.1 This License and the rights granted hereunder will terminate
423 automatically if You fail to comply with terms herein and fail to cure
424 such breach within 30 days of becoming aware of the breach. All
425 sublicenses to the Original Code which are properly granted shall
426 survive any termination of this License. Provisions which, by their
427 nature, must remain in effect beyond the termination of this License
430 8.2 In the event of termination under Section 8.1 above, all end user
431 license agreements (excluding distributors and resellers) which have
432 been validly granted by You or any distributor hereunder prior to
433 termination shall survive termination.
435 9.0 LIMIT OF LIABILITY
437 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
438 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
439 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
440 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
441 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
442 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
443 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
444 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
445 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
446 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
447 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
448 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
449 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
450 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
452 10.0 U.S. GOVERNMENT END USERS
454 U.S. Government: If this Software is being acquired by or on behalf of
455 the U.S. Government or by a U.S. Government prime contractor or
456 subcontractor (at any tier), then the Government's rights in the
457 Software and accompanying documentation shall be only as set forth in
458 this license; this is in accordance with 48 C.F.R. 227.7201 through
459 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
460 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
464 This License represents the complete agreement concerning subject
465 matter hereof. If any provision of this License is held to be
466 unenforceable, such provision shall be reformed only to the extent
467 necessary to make it enforceable. This License shall be governed by
468 California law provisions (except to the extent applicable law, if any,
469 provides otherwise), excluding its conflict-of-law provisions. With
470 respect to disputes in which at least one party is a citizen of, or an
471 entity chartered or registered to do business in the United States of
472 America, any litigation relating to this License shall be subject to
473 the jurisdiction of the Federal Courts of the Northern District of
474 California, with venue lying in Santa Clara County, California, with
475 the losing party responsible for costs, including without limitation,
476 court costs and reasonable attorneys' fees and expenses. The
477 application of the United Nations Convention on Contracts for the
478 International Sale of Goods is expressly excluded. Any law or
479 regulation which provides that the language of a contract shall be
480 construed against the drafter shall not apply to this License.
482 EXHIBIT A - Sun Standards License
483 "The contents of this file are subject to the Sun Standards
484 License Version 1.1 (the "License");
485 You may not use this file except in compliance with the
486 License. You may obtain a copy of the
487 License at _______________________________.
489 Software distributed under the License is distributed on
490 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
491 express or implied. See the License for the specific
492 language governing rights and limitations under the License.
494 The Original Code is ______________________________________.
496 The Initial Developer of the Original Code is:
499 Portions created by: _______________________________________
501 are Copyright (C): _______________________________________
505 Contributor(s): _______________________________________
507 EXHIBIT B - Standards
509 The Standard is defined as the following:
511 sFlow Specification, located at
512 [1]http://sflow.org/developers/specifications.php
516 1. http://sflow.org/developers/specifications.php
518 ----------------------------------------------------------------------
520 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
524 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
525 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
526 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
527 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
528 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
529 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
530 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
534 "Documentation" means the user manuals, training materials, and operating materials, if any,
535 InMon provides to Licensee under this Agreement.
537 "InMon" means InMon Corporation, its affiliates and subsidiaries.
539 "Intellectual Property Rights" means any trade secrets, patents, including without
540 limitation any patents covering the Software, copyrights, know-how, moral rights and
541 similar rights of any type under the laws of any governmental authority, domestic or
542 foreign, including all applications and registrations relating to any of the foregoing.
544 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
545 or on behalf of Licensee.
547 "Products" means any and all software applications, computers, routers, or other equipment
548 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
549 third party, or otherwise made available by Licensee free of charge.
551 "Software" means the sFlow(R) software programs, in source or binary code format, that
552 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
553 which InMon may provide to Licensee.
555 "Specifications" means the published specifications provided or otherwise made available by
556 InMon at: http://www.sflow.org.
558 "Trademark" means InMon's "sFlow(R)" trademark.
562 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
563 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
564 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
565 transferable, sublicensable license, to: (i) use and reproduce the Software, the
566 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
567 Specifications in the Products; (iv) install the Software, or software in which the
568 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
569 any Products that include the Software, the Documentation, or software in which the
570 Specifications have been implemented.
572 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
573 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
574 transferable, sublicensable license to use the Trademark on or in connection with the
575 Software, the Documentation, the Specifications and any software that implements the
578 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
579 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
580 exercising its rights under the license granted to it in this Agreement, Licensee will:
581 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
582 and no other mark, to identify the Software, the Documentation, the Specifications and any
583 Products that implement the Specifications; (iii) place, in a font or graphic design
584 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
585 sales/marketing materials, catalogs, or other such materials relating to products it
586 manufactures or markets which it has configured to be compatible with the Software or
587 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
588 sold in other countries that include the Software or any software that implements the
589 Specifications, comply with the patent and trademark laws and practice of such other
590 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
591 InMon that may appear in or on the Software, the Documentation or the Specifications. In
592 the event InMon determines that Licensee is not complying with its obligations under
593 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
594 fails to correct such non-compliance within three (3) months, InMon may immediately
595 terminate this Agreement as provided under paragraph 7 below and pursue any and all
596 actions and remedies as it deems necessary, including, but not limited to breach of
599 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
600 retains all right, title, and interest in and to the Trademark and all its Intellectual
601 Property Rights in the Software, the Documentation and the Specifications. Licensee
602 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
603 implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
604 Documentation and Specifications are being licensed and not sold under this Agreement, and
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606 Specifications, or any copy thereof, to Licensee.
608 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
609 maintenance or support, bug fixes or error corrections to the Licensed Software,
610 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
611 development tools to Licensee.
613 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
614 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
615 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
616 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
619 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
620 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
621 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
622 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
623 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
624 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
625 PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
628 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
629 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
630 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
631 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
632 termination rights as set forth in Section 2.3 above. Upon any termination of this
633 Agreement, Licensee shall cease exercising its license rights under this Agreement,
634 including the right to distribute Products that incorporate the Software or Documentation
635 or that implement the Specifications. The rights and obligations contained in Sections 1,
636 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
638 8. General Provisions.
640 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
641 parties hereto and their permitted successors and permitted assigns. InMon will have the
642 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
643 (whether by merger, operation of law or in any other manner) any of its rights or delegate
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645 assignee assumes in writing all of Licensee's obligations hereunder.
647 8.2 Notices. All notices permitted or required under this Agreement shall be in
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653 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
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655 to have waived or consented. Any consent or waiver, whether express or implied, shall not
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660 independent contractors, and nothing contained in this Agreement shall be construed to make
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663 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
664 the laws of the State of California, without giving effect to such state's conflict of laws
665 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
666 legal proceeding with respect to or arising under this Agreement shall be brought in, the
667 United States District Court for the Northern District of California or the state courts
668 of the State of California for the County of San Francisco.
670 8.6 U.S. Government Licenses. The Software and Documentation are considered a
671 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
672 software" and "commercial computer software documentation" as such terms are used in
673 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
674 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
676 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
677 applicable law, then such provision shall be excluded from this Agreement and the balance
678 of this Agreement shall be interpreted as if such provision were so excluded and shall be
679 enforceable in accordance with its terms. The court in its discretion may substitute for
680 the excluded provision an enforceable provision which in economic substance reasonably
681 approximates the excluded provision.
683 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
684 regulations (including privacy laws and regulations) having application to or governing its
685 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
686 and against any claims, damages, losses or obligations suffered or incurred by InMon
687 arising from its failure to so comply.
689 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
690 entire agreement between the parties with respect to the subject matter hereof, and
691 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
692 verbal or written, made between the parties with respect to such subject matter. This
693 Agreement shall control over any additional or conflicting terms in any of Licensee's
694 purchase orders or other business forms. This Agreement may only be amended or modified
695 by mutual agreement of authorized representatives of the parties in writing.
698 580 California Street, 5th Floor, San Francisco, CA 94104
699 Phone: (415) 283-3260
701 Email: info@inmon.com