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, 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
94 * The following components are dual-licensed under the
95 GNU General Public License version 2 and the Apache License Version 2.0.
97 include/linux/openvswitch.h
99 On Debian systems, the complete text of the GNU General Public License
100 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
101 On Debian systems, the complete text of the Apache License version 2.0
102 can be found in '/usr/share/common-licenses/Apache-2.0'.
104 * The following components are licensed under the terms of either the
105 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
114 These licenses are available, respectively, the following URLs:
116 http://host-sflow.sourceforge.net/sissl.html
117 http://www.inmon.com/technology/sflowlicense.txt
119 The full text of each license is also appended to the end of this
122 * The following components are licensed for use as desired without restriction:
126 * The following components are licensed under the
127 Python Software Foundation License Version 2.
129 python/compat/uuid.py
130 python/compat/argparse.py
132 * These components are only distributed in the source package.
133 They do not appear in any binary packages.
135 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
136 --------------------------------------------
138 1. This LICENSE AGREEMENT is between the Python Software Foundation
139 ("PSF"), and the Individual or Organization ("Licensee") accessing and
140 otherwise using this software ("Python") in source or binary form and
141 its associated documentation.
143 2. Subject to the terms and conditions of this License Agreement, PSF
144 hereby grants Licensee a nonexclusive, royalty-free, world-wide
145 license to reproduce, analyze, test, perform and/or display publicly,
146 prepare derivative works, distribute, and otherwise use Python
147 alone or in any derivative version, provided, however, that PSF's
148 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
149 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
150 All Rights Reserved" are retained in Python alone or in any derivative
151 version prepared by Licensee.
153 3. In the event Licensee prepares a derivative work that is based on
154 or incorporates Python or any part thereof, and wants to make
155 the derivative work available to others as provided herein, then
156 Licensee hereby agrees to include in any such work a brief summary of
157 the changes made to Python.
159 4. PSF is making Python available to Licensee on an "AS IS"
160 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
161 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
162 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
163 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
164 INFRINGE ANY THIRD PARTY RIGHTS.
166 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
167 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
168 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
169 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
171 6. This License Agreement will automatically terminate upon a material
172 breach of its terms and conditions.
174 7. Nothing in this License Agreement shall be deemed to create any
175 relationship of agency, partnership, or joint venture between PSF and
176 Licensee. This License Agreement does not grant permission to use PSF
177 trademarks or trade name in a trademark sense to endorse or promote
178 products or services of Licensee, or any third party.
180 8. By copying, installing or otherwise using Python, Licensee
181 agrees to be bound by the terms and conditions of this License
184 * lib/ovs.tmac in the source distribution, and manpages in the
185 binaries, includes troff macros from groff 1.21 that contain the
190 .\" Written by Eric S. Raymond <esr@thyrsus.com>
191 .\" Werner Lemberg <wl@gnu.org>
193 .\" Version 2007-Feb-02
195 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
196 .\" You may freely use, modify and/or distribute this file.
198 * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
199 Paul Eggert and Derek Price bear the following notices:
201 Copyright (C) 2006-2013 Free Software Foundation, Inc.
202 This file is free software; the Free Software Foundation
203 gives unlimited permission to copy and/or distribute it,
204 with or without modifications, as long as this notice is preserved.
206 * All other components of this package are licensed under
207 The Apache License Version 2.0.
209 On Debian systems, the complete text of the Apache License version 2.0
210 can be found in '/usr/share/common-licenses/Apache-2.0'.
212 ----------------------------------------------------------------------
214 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
216 Sun Industry Standards Source License - Version 1.1
220 1.1 "Commercial Use" means distribution or otherwise making the
221 Original Code available to a third party.
223 1.2 "Contributor Version" means the combination of the Original Code,
224 and the Modifications made by that particular Contributor.
226 1.3 "Electronic Distribution Mechanism" means a mechanism generally
227 accepted in the software development community for the electronic
230 1.4 "Executable" means Original Code in any form other than Source
233 1.5 "Initial Developer" means the individual or entity identified as
234 the Initial Developer in the Source Code notice required by Exhibit A.
236 1.6 "Larger Work" means a work which combines Original Code or portions
237 thereof with code not governed by the terms of this License.
239 1.7 "License" means this document.
241 1.8 "Licensable" means having the right to grant, to the maximum extent
242 possible, whether at the time of the initial grant or subsequently
243 acquired, any and all of the rights conveyed herein.
245 1.9 "Modifications" means any addition to or deletion from the
246 substance or structure of either the Original Code or any previous
247 Modifications. A Modification is:
249 A. Any addition to or deletion from the contents of a file containing
250 Original Code or previous Modifications.
252 B. Any new file that contains any part of the Original Code or previous
255 1.10 "Original Code" means Source Code of computer software code which
256 is described in the Source Code notice required by Exhibit A as
259 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
260 acquired, including without limitation, method, process, and apparatus
261 claims, in any patent Licensable by grantor.
263 1.12 "Source Code" means the preferred form of the Original Code for
264 making modifications to it, including all modules it contains, plus any
265 associated interface definition files, or scripts used to control
266 compilation and installation of an Executable.
268 1.13 "Standards" means the standards identified in Exhibit B.
270 1.14 "You" (or "Your") means an individual or a legal entity exercising
271 rights under, and complying with all of the terms of, this License or a
272 future version of this License issued under Section 6.1. For legal
273 entities, "You'' includes any entity which controls, is controlled by,
274 or is under common control with You. For purposes of this definition,
275 "control'' means (a) the power, direct or indirect, to cause the
276 direction or management of such entity, whether by contract or
277 otherwise, or (b) ownership of more than fifty percent (50%) of the
278 outstanding shares or beneficial ownership of such entity.
280 2.0 SOURCE CODE LICENSE
282 2.1 The Initial Developer Grant
283 The Initial Developer hereby grants You a world-wide, royalty-free,
284 non-exclusive license, subject to third party intellectual property
287 (a) under intellectual property rights (other than patent or trademark)
288 Licensable by Initial Developer to use, reproduce, modify, display,
289 perform, sublicense and distribute the Original Code (or portions
290 thereof) with or without Modifications, and/or as part of a Larger
293 (b) under Patents Claims infringed by the making, using or selling of
294 Original Code, to make, have made, use, practice, sell, and offer for
295 sale, and/or otherwise dispose of the Original Code (or portions
298 (c) the licenses granted in this Section 2.1(a) and (b) are effective
299 on the date Initial Developer first distributes Original Code under the
300 terms of this License.
302 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
303 1) for code that You delete from the Original Code; 2) separate from
304 the Original Code; or 3) for infringements caused by: i) the
305 modification of the Original Code or ii) the combination of the
306 Original Code with other software or devices, including but not limited
308 3.0 DISTRIBUTION OBLIGATIONS
310 3.1 Application of License.
311 The Source Code version of Original Code may be distributed only under
312 the terms of this License or a future version of this License released
313 under Section 6.1, and You must include a copy of this License with
314 every copy of the Source Code You distribute. You may not offer or
315 impose any terms on any Source Code version that alters or restricts
316 the applicable version of this License or the recipients' rights
317 hereunder. Your license for shipment of the Contributor Version is
318 conditioned upon Your full compliance with this Section. The
319 Modifications which You create must comply with all requirements set
320 out by the Standards body in effect one hundred twenty (120) days
321 before You ship the Contributor Version. In the event that the
322 Modifications do not meet such requirements, You agree to publish
323 either (i) any deviation from the Standards protocol resulting from
324 implementation of Your Modifications and a reference implementation of
325 Your Modifications or (ii) Your Modifications in Source Code form, and
326 to make any such deviation and reference implementation or
327 Modifications available to all third parties under the same terms as
328 this license on a royalty free basis within thirty (30) days of Your
329 first customer shipment of Your Modifications.
331 3.2 Required Notices.
332 You must duplicate the notice in Exhibit A in each file of the Source
333 Code. If it is not possible to put such notice in a particular Source
334 Code file due to its structure, then You must include such notice in a
335 location (such as a relevant directory) where a user would be likely to
336 look for such a notice. If You created one or more Modification(s) You
337 may add Your name as a Contributor to the notice described in Exhibit
338 A. You must also duplicate this License in any documentation for the
339 Source Code where You describe recipients' rights or ownership rights
340 relating to Initial Code. You may choose to offer, and to charge a fee
341 for, warranty, support, indemnity or liability obligations to one or
342 more recipients of Your version of the Code. However, You may do so
343 only on Your own behalf, and not on behalf of the Initial Developer.
344 You must make it absolutely clear than any such warranty, support,
345 indemnity or liability obligation is offered by You alone, and You
346 hereby agree to indemnify the Initial Developer for any liability
347 incurred by the Initial Developer as a result of warranty, support,
348 indemnity or liability terms You offer.
350 3.3 Distribution of Executable Versions.
351 You may distribute Original Code in Executable and Source form only if
352 the requirements of Sections 3.1 and 3.2 have been met for that
353 Original Code, and if You include a notice stating that the Source Code
354 version of the Original Code is available under the terms of this
355 License. The notice must be conspicuously included in any notice in an
356 Executable or Source versions, related documentation or collateral in
357 which You describe recipients' rights relating to the Original Code.
358 You may distribute the Executable and Source versions of Your version
359 of the Code or ownership rights under a license of Your choice, which
360 may contain terms different from this License, provided that You are in
361 compliance with the terms of this License. If You distribute the
362 Executable and Source versions under a different license You must make
363 it absolutely clear that any terms which differ from this License are
364 offered by You alone, not by the Initial Developer. You hereby agree to
365 indemnify the Initial Developer for any liability incurred by the
366 Initial Developer as a result of any such terms You offer.
369 You may create a Larger Work by combining Original Code with other code
370 not governed by the terms of this License and distribute the Larger
371 Work as a single product. In such a case, You must make sure the
372 requirements of this License are fulfilled for the Original Code.
374 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
376 If it is impossible for You to comply with any of the terms of this
377 License with respect to some or all of the Original Code due to
378 statute, judicial order, or regulation then You must: (a) comply with
379 the terms of this License to the maximum extent possible; and (b)
380 describe the limitations and the code they affect. Such description
381 must be included in the LEGAL file described in Section 3.2 and must be
382 included with all distributions of the Source Code. Except to the
383 extent prohibited by statute or regulation, such description must be
384 sufficiently detailed for a recipient of ordinary skill to be able to
387 5.0 APPLICATION OF THIS LICENSE
389 This License applies to code to which the Initial Developer has
390 attached the notice in Exhibit A and to related Modifications as set
393 6.0 VERSIONS OF THE LICENSE
396 Sun may publish revised and/or new versions of the License from time to
397 time. Each version will be given a distinguishing version number.
399 6.2 Effect of New Versions.
400 Once Original Code has been published under a particular version of the
401 License, You may always continue to use it under the terms of that
402 version. You may also choose to use such Original Code under the terms
403 of any subsequent version of the License published by Sun. No one other
404 than Sun has the right to modify the terms applicable to Original Code.
406 7.0 DISCLAIMER OF WARRANTY
408 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
409 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
410 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
411 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
412 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
413 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
414 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
415 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
416 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
417 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
421 8.1 This License and the rights granted hereunder will terminate
422 automatically if You fail to comply with terms herein and fail to cure
423 such breach within 30 days of becoming aware of the breach. All
424 sublicenses to the Original Code which are properly granted shall
425 survive any termination of this License. Provisions which, by their
426 nature, must remain in effect beyond the termination of this License
429 8.2 In the event of termination under Section 8.1 above, all end user
430 license agreements (excluding distributors and resellers) which have
431 been validly granted by You or any distributor hereunder prior to
432 termination shall survive termination.
434 9.0 LIMIT OF LIABILITY
436 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
437 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
438 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
439 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
440 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
441 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
442 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
443 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
444 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
445 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
446 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
447 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
448 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
449 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
451 10.0 U.S. GOVERNMENT END USERS
453 U.S. Government: If this Software is being acquired by or on behalf of
454 the U.S. Government or by a U.S. Government prime contractor or
455 subcontractor (at any tier), then the Government's rights in the
456 Software and accompanying documentation shall be only as set forth in
457 this license; this is in accordance with 48 C.F.R. 227.7201 through
458 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
459 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
463 This License represents the complete agreement concerning subject
464 matter hereof. If any provision of this License is held to be
465 unenforceable, such provision shall be reformed only to the extent
466 necessary to make it enforceable. This License shall be governed by
467 California law provisions (except to the extent applicable law, if any,
468 provides otherwise), excluding its conflict-of-law provisions. With
469 respect to disputes in which at least one party is a citizen of, or an
470 entity chartered or registered to do business in the United States of
471 America, any litigation relating to this License shall be subject to
472 the jurisdiction of the Federal Courts of the Northern District of
473 California, with venue lying in Santa Clara County, California, with
474 the losing party responsible for costs, including without limitation,
475 court costs and reasonable attorneys' fees and expenses. The
476 application of the United Nations Convention on Contracts for the
477 International Sale of Goods is expressly excluded. Any law or
478 regulation which provides that the language of a contract shall be
479 construed against the drafter shall not apply to this License.
481 EXHIBIT A - Sun Standards License
482 "The contents of this file are subject to the Sun Standards
483 License Version 1.1 (the "License");
484 You may not use this file except in compliance with the
485 License. You may obtain a copy of the
486 License at _______________________________.
488 Software distributed under the License is distributed on
489 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
490 express or implied. See the License for the specific
491 language governing rights and limitations under the License.
493 The Original Code is ______________________________________.
495 The Initial Developer of the Original Code is:
498 Portions created by: _______________________________________
500 are Copyright (C): _______________________________________
504 Contributor(s): _______________________________________
506 EXHIBIT B - Standards
508 The Standard is defined as the following:
510 sFlow Specification, located at
511 [1]http://sflow.org/developers/specifications.php
515 1. http://sflow.org/developers/specifications.php
517 ----------------------------------------------------------------------
519 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
523 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
524 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
525 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
526 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
527 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
528 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
529 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
533 "Documentation" means the user manuals, training materials, and operating materials, if any,
534 InMon provides to Licensee under this Agreement.
536 "InMon" means InMon Corporation, its affiliates and subsidiaries.
538 "Intellectual Property Rights" means any trade secrets, patents, including without
539 limitation any patents covering the Software, copyrights, know-how, moral rights and
540 similar rights of any type under the laws of any governmental authority, domestic or
541 foreign, including all applications and registrations relating to any of the foregoing.
543 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
544 or on behalf of Licensee.
546 "Products" means any and all software applications, computers, routers, or other equipment
547 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
548 third party, or otherwise made available by Licensee free of charge.
550 "Software" means the sFlow(R) software programs, in source or binary code format, that
551 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
552 which InMon may provide to Licensee.
554 "Specifications" means the published specifications provided or otherwise made available by
555 InMon at: http://www.sflow.org.
557 "Trademark" means InMon's "sFlow(R)" trademark.
561 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
562 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
563 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
564 transferable, sublicensable license, to: (i) use and reproduce the Software, the
565 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
566 Specifications in the Products; (iv) install the Software, or software in which the
567 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
568 any Products that include the Software, the Documentation, or software in which the
569 Specifications have been implemented.
571 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
572 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
573 transferable, sublicensable license to use the Trademark on or in connection with the
574 Software, the Documentation, the Specifications and any software that implements the
577 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
578 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
579 exercising its rights under the license granted to it in this Agreement, Licensee will:
580 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
581 and no other mark, to identify the Software, the Documentation, the Specifications and any
582 Products that implement the Specifications; (iii) place, in a font or graphic design
583 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
584 sales/marketing materials, catalogs, or other such materials relating to products it
585 manufactures or markets which it has configured to be compatible with the Software or
586 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
587 sold in other countries that include the Software or any software that implements the
588 Specifications, comply with the patent and trademark laws and practice of such other
589 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
590 InMon that may appear in or on the Software, the Documentation or the Specifications. In
591 the event InMon determines that Licensee is not complying with its obligations under
592 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
593 fails to correct such non-compliance within three (3) months, InMon may immediately
594 terminate this Agreement as provided under paragraph 7 below and pursue any and all
595 actions and remedies as it deems necessary, including, but not limited to breach of
598 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
599 retains all right, title, and interest in and to the Trademark and all its Intellectual
600 Property Rights in the Software, the Documentation and the Specifications. Licensee
601 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
602 implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
603 Documentation and Specifications are being licensed and not sold under this Agreement, and
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607 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
608 maintenance or support, bug fixes or error corrections to the Licensed Software,
609 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
610 development tools to Licensee.
612 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
613 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
614 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
615 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
618 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
619 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
620 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
621 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
622 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
623 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
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627 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
628 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
629 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
630 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
631 termination rights as set forth in Section 2.3 above. Upon any termination of this
632 Agreement, Licensee shall cease exercising its license rights under this Agreement,
633 including the right to distribute Products that incorporate the Software or Documentation
634 or that implement the Specifications. The rights and obligations contained in Sections 1,
635 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
637 8. General Provisions.
639 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
640 parties hereto and their permitted successors and permitted assigns. InMon will have the
641 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
642 (whether by merger, operation of law or in any other manner) any of its rights or delegate
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646 8.2 Notices. All notices permitted or required under this Agreement shall be in
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652 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
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655 constitute a consent or waiver of, or excuse for any separate, different or subsequent
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659 independent contractors, and nothing contained in this Agreement shall be construed to make
660 either party an agent, partner, representative or principal of the other for any purpose.
662 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
663 the laws of the State of California, without giving effect to such state's conflict of laws
664 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
665 legal proceeding with respect to or arising under this Agreement shall be brought in, the
666 United States District Court for the Northern District of California or the state courts
667 of the State of California for the County of San Francisco.
669 8.6 U.S. Government Licenses. The Software and Documentation are considered a
670 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
671 software" and "commercial computer software documentation" as such terms are used in
672 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
673 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
675 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
676 applicable law, then such provision shall be excluded from this Agreement and the balance
677 of this Agreement shall be interpreted as if such provision were so excluded and shall be
678 enforceable in accordance with its terms. The court in its discretion may substitute for
679 the excluded provision an enforceable provision which in economic substance reasonably
680 approximates the excluded provision.
682 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
683 regulations (including privacy laws and regulations) having application to or governing its
684 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
685 and against any claims, damages, losses or obligations suffered or incurred by InMon
686 arising from its failure to so comply.
688 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
689 entire agreement between the parties with respect to the subject matter hereof, and
690 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
691 verbal or written, made between the parties with respect to such subject matter. This
692 Agreement shall control over any additional or conflicting terms in any of Licensee's
693 purchase orders or other business forms. This Agreement may only be amended or modified
694 by mutual agreement of authorized representatives of the parties in writing.
697 580 California Street, 5th Floor, San Francisco, CA 94104
698 Phone: (415) 283-3260
700 Email: info@inmon.com