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.
21 * The following components are licensed under the
22 GNU Lesser General Public License version 2.1 only
23 with the exception clause below as a pre-amble.
25 xenserver/etc_xensource_scripts_vif
26 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
27 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
28 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
29 xenserver/opt_xensource_libexec_interface-reconfigure
30 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
32 * These components are only distributed in the source package.
33 They do not appear in any binary packages.
35 On Debian systems, the complete text of the
36 GNU Lesser General Public License version 2.1 can be found in
37 `/usr/share/common-licenses/LGPL-2.1'
39 The exception clause pre-amble reads:
41 As a special exception to the GNU Lesser General Public License, you
42 may link, statically or dynamically, a "work that uses the Library"
43 with a publicly distributed version of the Library to produce an
44 executable file containing portions of the Library, and distribute
45 that executable file under terms of your choice, without any of the
46 additional requirements listed in clause 6 of the GNU Lesser General
47 Public License. By "a publicly distributed version of the Library",
48 we mean either the unmodified Library as distributed, or a
49 modified version of the Library that is distributed under the
50 conditions defined in clause 3 of the GNU Library General Public
51 License. This exception does not however invalidate any other reasons
52 why the executable file might be covered by the GNU Lesser General
55 * The following components are licensed under the
56 GNU Lesser General Public License version 2.1.
58 utilities/bugtool/ovs-bugtool
59 utilities/bugtool/ovs-bugtool-*
60 utilities/bugtool/plugins/kernel-info/openvswitch.xml
61 utilities/bugtool/plugins/network-status/openvswitch.xml
62 utilities/bugtool/plugins/system-configuration.xml
63 utilities/bugtool/plugins/system-configuration/openvswitch.xml
65 On Debian systems, the complete text of the
66 GNU Lesser General Public License version 2.1 can be found in
67 `/usr/share/common-licenses/LGPL-2.1'
69 * The following component is licensed under the GNU General Public License
74 On Debian systems, the complete text of the GNU General Public License
75 version 2 can be found in `/usr/share/common-licenses/GPL-2'
77 * The following file is licensed under the GNU General Public License
82 * The following files are licensed under the 2-clause BSD license.
85 include/windows/getopt.h
87 * The following components are dual-licensed under the
88 GNU General Public License version 2 and the Apache License Version 2.0.
90 include/linux/openvswitch.h
92 On Debian systems, the complete text of the GNU General Public License
93 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
94 On Debian systems, the complete text of the Apache License version 2.0
95 can be found in '/usr/share/common-licenses/Apache-2.0'.
97 * The following components are licensed under the terms of either the
98 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
107 These licenses are available, respectively, the following URLs:
109 http://host-sflow.sourceforge.net/sissl.html
110 http://www.inmon.com/technology/sflowlicense.txt
112 The full text of each license is also appended to the end of this
115 * The following components are licensed for use as desired without restriction:
119 * The following components are licensed under the
120 Python Software Foundation License Version 2.
122 python/compat/uuid.py
123 python/compat/argparse.py
125 * These components are only distributed in the source package.
126 They do not appear in any binary packages.
128 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
129 --------------------------------------------
131 1. This LICENSE AGREEMENT is between the Python Software Foundation
132 ("PSF"), and the Individual or Organization ("Licensee") accessing and
133 otherwise using this software ("Python") in source or binary form and
134 its associated documentation.
136 2. Subject to the terms and conditions of this License Agreement, PSF
137 hereby grants Licensee a nonexclusive, royalty-free, world-wide
138 license to reproduce, analyze, test, perform and/or display publicly,
139 prepare derivative works, distribute, and otherwise use Python
140 alone or in any derivative version, provided, however, that PSF's
141 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
142 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
143 All Rights Reserved" are retained in Python alone or in any derivative
144 version prepared by Licensee.
146 3. In the event Licensee prepares a derivative work that is based on
147 or incorporates Python or any part thereof, and wants to make
148 the derivative work available to others as provided herein, then
149 Licensee hereby agrees to include in any such work a brief summary of
150 the changes made to Python.
152 4. PSF is making Python available to Licensee on an "AS IS"
153 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
154 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
155 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
156 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
157 INFRINGE ANY THIRD PARTY RIGHTS.
159 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
160 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
161 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
162 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
164 6. This License Agreement will automatically terminate upon a material
165 breach of its terms and conditions.
167 7. Nothing in this License Agreement shall be deemed to create any
168 relationship of agency, partnership, or joint venture between PSF and
169 Licensee. This License Agreement does not grant permission to use PSF
170 trademarks or trade name in a trademark sense to endorse or promote
171 products or services of Licensee, or any third party.
173 8. By copying, installing or otherwise using Python, Licensee
174 agrees to be bound by the terms and conditions of this License
177 * lib/ovs.tmac in the source distribution, and manpages in the
178 binaries, includes troff macros from groff 1.21 that contain the
183 .\" Written by Eric S. Raymond <esr@thyrsus.com>
184 .\" Werner Lemberg <wl@gnu.org>
186 .\" Version 2007-Feb-02
188 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
189 .\" You may freely use, modify and/or distribute this file.
191 * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
192 Paul Eggert and Derek Price bear the following notices:
194 Copyright (C) 2006-2013 Free Software Foundation, Inc.
195 This file is free software; the Free Software Foundation
196 gives unlimited permission to copy and/or distribute it,
197 with or without modifications, as long as this notice is preserved.
199 * All other components of this package are licensed under
200 The Apache License Version 2.0.
202 On Debian systems, the complete text of the Apache License version 2.0
203 can be found in '/usr/share/common-licenses/Apache-2.0'.
205 ----------------------------------------------------------------------
207 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
209 Sun Industry Standards Source License - Version 1.1
213 1.1 "Commercial Use" means distribution or otherwise making the
214 Original Code available to a third party.
216 1.2 "Contributor Version" means the combination of the Original Code,
217 and the Modifications made by that particular Contributor.
219 1.3 "Electronic Distribution Mechanism" means a mechanism generally
220 accepted in the software development community for the electronic
223 1.4 "Executable" means Original Code in any form other than Source
226 1.5 "Initial Developer" means the individual or entity identified as
227 the Initial Developer in the Source Code notice required by Exhibit A.
229 1.6 "Larger Work" means a work which combines Original Code or portions
230 thereof with code not governed by the terms of this License.
232 1.7 "License" means this document.
234 1.8 "Licensable" means having the right to grant, to the maximum extent
235 possible, whether at the time of the initial grant or subsequently
236 acquired, any and all of the rights conveyed herein.
238 1.9 "Modifications" means any addition to or deletion from the
239 substance or structure of either the Original Code or any previous
240 Modifications. A Modification is:
242 A. Any addition to or deletion from the contents of a file containing
243 Original Code or previous Modifications.
245 B. Any new file that contains any part of the Original Code or previous
248 1.10 "Original Code" means Source Code of computer software code which
249 is described in the Source Code notice required by Exhibit A as
252 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
253 acquired, including without limitation, method, process, and apparatus
254 claims, in any patent Licensable by grantor.
256 1.12 "Source Code" means the preferred form of the Original Code for
257 making modifications to it, including all modules it contains, plus any
258 associated interface definition files, or scripts used to control
259 compilation and installation of an Executable.
261 1.13 "Standards" means the standards identified in Exhibit B.
263 1.14 "You" (or "Your") means an individual or a legal entity exercising
264 rights under, and complying with all of the terms of, this License or a
265 future version of this License issued under Section 6.1. For legal
266 entities, "You'' includes any entity which controls, is controlled by,
267 or is under common control with You. For purposes of this definition,
268 "control'' means (a) the power, direct or indirect, to cause the
269 direction or management of such entity, whether by contract or
270 otherwise, or (b) ownership of more than fifty percent (50%) of the
271 outstanding shares or beneficial ownership of such entity.
273 2.0 SOURCE CODE LICENSE
275 2.1 The Initial Developer Grant
276 The Initial Developer hereby grants You a world-wide, royalty-free,
277 non-exclusive license, subject to third party intellectual property
280 (a) under intellectual property rights (other than patent or trademark)
281 Licensable by Initial Developer to use, reproduce, modify, display,
282 perform, sublicense and distribute the Original Code (or portions
283 thereof) with or without Modifications, and/or as part of a Larger
286 (b) under Patents Claims infringed by the making, using or selling of
287 Original Code, to make, have made, use, practice, sell, and offer for
288 sale, and/or otherwise dispose of the Original Code (or portions
291 (c) the licenses granted in this Section 2.1(a) and (b) are effective
292 on the date Initial Developer first distributes Original Code under the
293 terms of this License.
295 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
296 1) for code that You delete from the Original Code; 2) separate from
297 the Original Code; or 3) for infringements caused by: i) the
298 modification of the Original Code or ii) the combination of the
299 Original Code with other software or devices, including but not limited
301 3.0 DISTRIBUTION OBLIGATIONS
303 3.1 Application of License.
304 The Source Code version of Original Code may be distributed only under
305 the terms of this License or a future version of this License released
306 under Section 6.1, and You must include a copy of this License with
307 every copy of the Source Code You distribute. You may not offer or
308 impose any terms on any Source Code version that alters or restricts
309 the applicable version of this License or the recipients' rights
310 hereunder. Your license for shipment of the Contributor Version is
311 conditioned upon Your full compliance with this Section. The
312 Modifications which You create must comply with all requirements set
313 out by the Standards body in effect one hundred twenty (120) days
314 before You ship the Contributor Version. In the event that the
315 Modifications do not meet such requirements, You agree to publish
316 either (i) any deviation from the Standards protocol resulting from
317 implementation of Your Modifications and a reference implementation of
318 Your Modifications or (ii) Your Modifications in Source Code form, and
319 to make any such deviation and reference implementation or
320 Modifications available to all third parties under the same terms as
321 this license on a royalty free basis within thirty (30) days of Your
322 first customer shipment of Your Modifications.
324 3.2 Required Notices.
325 You must duplicate the notice in Exhibit A in each file of the Source
326 Code. If it is not possible to put such notice in a particular Source
327 Code file due to its structure, then You must include such notice in a
328 location (such as a relevant directory) where a user would be likely to
329 look for such a notice. If You created one or more Modification(s) You
330 may add Your name as a Contributor to the notice described in Exhibit
331 A. You must also duplicate this License in any documentation for the
332 Source Code where You describe recipients' rights or ownership rights
333 relating to Initial Code. You may choose to offer, and to charge a fee
334 for, warranty, support, indemnity or liability obligations to one or
335 more recipients of Your version of the Code. However, You may do so
336 only on Your own behalf, and not on behalf of the Initial Developer.
337 You must make it absolutely clear than any such warranty, support,
338 indemnity or liability obligation is offered by You alone, and You
339 hereby agree to indemnify the Initial Developer for any liability
340 incurred by the Initial Developer as a result of warranty, support,
341 indemnity or liability terms You offer.
343 3.3 Distribution of Executable Versions.
344 You may distribute Original Code in Executable and Source form only if
345 the requirements of Sections 3.1 and 3.2 have been met for that
346 Original Code, and if You include a notice stating that the Source Code
347 version of the Original Code is available under the terms of this
348 License. The notice must be conspicuously included in any notice in an
349 Executable or Source versions, related documentation or collateral in
350 which You describe recipients' rights relating to the Original Code.
351 You may distribute the Executable and Source versions of Your version
352 of the Code or ownership rights under a license of Your choice, which
353 may contain terms different from this License, provided that You are in
354 compliance with the terms of this License. If You distribute the
355 Executable and Source versions under a different license You must make
356 it absolutely clear that any terms which differ from this License are
357 offered by You alone, not by the Initial Developer. You hereby agree to
358 indemnify the Initial Developer for any liability incurred by the
359 Initial Developer as a result of any such terms You offer.
362 You may create a Larger Work by combining Original Code with other code
363 not governed by the terms of this License and distribute the Larger
364 Work as a single product. In such a case, You must make sure the
365 requirements of this License are fulfilled for the Original Code.
367 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
369 If it is impossible for You to comply with any of the terms of this
370 License with respect to some or all of the Original Code due to
371 statute, judicial order, or regulation then You must: (a) comply with
372 the terms of this License to the maximum extent possible; and (b)
373 describe the limitations and the code they affect. Such description
374 must be included in the LEGAL file described in Section 3.2 and must be
375 included with all distributions of the Source Code. Except to the
376 extent prohibited by statute or regulation, such description must be
377 sufficiently detailed for a recipient of ordinary skill to be able to
380 5.0 APPLICATION OF THIS LICENSE
382 This License applies to code to which the Initial Developer has
383 attached the notice in Exhibit A and to related Modifications as set
386 6.0 VERSIONS OF THE LICENSE
389 Sun may publish revised and/or new versions of the License from time to
390 time. Each version will be given a distinguishing version number.
392 6.2 Effect of New Versions.
393 Once Original Code has been published under a particular version of the
394 License, You may always continue to use it under the terms of that
395 version. You may also choose to use such Original Code under the terms
396 of any subsequent version of the License published by Sun. No one other
397 than Sun has the right to modify the terms applicable to Original Code.
399 7.0 DISCLAIMER OF WARRANTY
401 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
402 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
403 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
404 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
405 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
406 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
407 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
408 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
409 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
410 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
414 8.1 This License and the rights granted hereunder will terminate
415 automatically if You fail to comply with terms herein and fail to cure
416 such breach within 30 days of becoming aware of the breach. All
417 sublicenses to the Original Code which are properly granted shall
418 survive any termination of this License. Provisions which, by their
419 nature, must remain in effect beyond the termination of this License
422 8.2 In the event of termination under Section 8.1 above, all end user
423 license agreements (excluding distributors and resellers) which have
424 been validly granted by You or any distributor hereunder prior to
425 termination shall survive termination.
427 9.0 LIMIT OF LIABILITY
429 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
430 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
431 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
432 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
433 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
434 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
435 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
436 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
437 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
438 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
439 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
440 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
441 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
442 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
444 10.0 U.S. GOVERNMENT END USERS
446 U.S. Government: If this Software is being acquired by or on behalf of
447 the U.S. Government or by a U.S. Government prime contractor or
448 subcontractor (at any tier), then the Government's rights in the
449 Software and accompanying documentation shall be only as set forth in
450 this license; this is in accordance with 48 C.F.R. 227.7201 through
451 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
452 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
456 This License represents the complete agreement concerning subject
457 matter hereof. If any provision of this License is held to be
458 unenforceable, such provision shall be reformed only to the extent
459 necessary to make it enforceable. This License shall be governed by
460 California law provisions (except to the extent applicable law, if any,
461 provides otherwise), excluding its conflict-of-law provisions. With
462 respect to disputes in which at least one party is a citizen of, or an
463 entity chartered or registered to do business in the United States of
464 America, any litigation relating to this License shall be subject to
465 the jurisdiction of the Federal Courts of the Northern District of
466 California, with venue lying in Santa Clara County, California, with
467 the losing party responsible for costs, including without limitation,
468 court costs and reasonable attorneys' fees and expenses. The
469 application of the United Nations Convention on Contracts for the
470 International Sale of Goods is expressly excluded. Any law or
471 regulation which provides that the language of a contract shall be
472 construed against the drafter shall not apply to this License.
474 EXHIBIT A - Sun Standards License
475 "The contents of this file are subject to the Sun Standards
476 License Version 1.1 (the "License");
477 You may not use this file except in compliance with the
478 License. You may obtain a copy of the
479 License at _______________________________.
481 Software distributed under the License is distributed on
482 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
483 express or implied. See the License for the specific
484 language governing rights and limitations under the License.
486 The Original Code is ______________________________________.
488 The Initial Developer of the Original Code is:
491 Portions created by: _______________________________________
493 are Copyright (C): _______________________________________
497 Contributor(s): _______________________________________
499 EXHIBIT B - Standards
501 The Standard is defined as the following:
503 sFlow Specification, located at
504 [1]http://sflow.org/developers/specifications.php
508 1. http://sflow.org/developers/specifications.php
510 ----------------------------------------------------------------------
512 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
516 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
517 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
518 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
519 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
520 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
521 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
522 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
526 "Documentation" means the user manuals, training materials, and operating materials, if any,
527 InMon provides to Licensee under this Agreement.
529 "InMon" means InMon Corporation, its affiliates and subsidiaries.
531 "Intellectual Property Rights" means any trade secrets, patents, including without
532 limitation any patents covering the Software, copyrights, know-how, moral rights and
533 similar rights of any type under the laws of any governmental authority, domestic or
534 foreign, including all applications and registrations relating to any of the foregoing.
536 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
537 or on behalf of Licensee.
539 "Products" means any and all software applications, computers, routers, or other equipment
540 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
541 third party, or otherwise made available by Licensee free of charge.
543 "Software" means the sFlow(R) software programs, in source or binary code format, that
544 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
545 which InMon may provide to Licensee.
547 "Specifications" means the published specifications provided or otherwise made available by
548 InMon at: http://www.sflow.org.
550 "Trademark" means InMon's "sFlow(R)" trademark.
554 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
555 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
556 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
557 transferable, sublicensable license, to: (i) use and reproduce the Software, the
558 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
559 Specifications in the Products; (iv) install the Software, or software in which the
560 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
561 any Products that include the Software, the Documentation, or software in which the
562 Specifications have been implemented.
564 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
565 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
566 transferable, sublicensable license to use the Trademark on or in connection with the
567 Software, the Documentation, the Specifications and any software that implements the
570 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
571 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
572 exercising its rights under the license granted to it in this Agreement, Licensee will:
573 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
574 and no other mark, to identify the Software, the Documentation, the Specifications and any
575 Products that implement the Specifications; (iii) place, in a font or graphic design
576 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
577 sales/marketing materials, catalogs, or other such materials relating to products it
578 manufactures or markets which it has configured to be compatible with the Software or
579 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
580 sold in other countries that include the Software or any software that implements the
581 Specifications, comply with the patent and trademark laws and practice of such other
582 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
583 InMon that may appear in or on the Software, the Documentation or the Specifications. In
584 the event InMon determines that Licensee is not complying with its obligations under
585 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
586 fails to correct such non-compliance within three (3) months, InMon may immediately
587 terminate this Agreement as provided under paragraph 7 below and pursue any and all
588 actions and remedies as it deems necessary, including, but not limited to breach of
591 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
592 retains all right, title, and interest in and to the Trademark and all its Intellectual
593 Property Rights in the Software, the Documentation and the Specifications. Licensee
594 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
595 implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
596 Documentation and Specifications are being licensed and not sold under this Agreement, and
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600 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
601 maintenance or support, bug fixes or error corrections to the Licensed Software,
602 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
603 development tools to Licensee.
605 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
606 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
607 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
608 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
611 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
612 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
613 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
614 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
615 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
616 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
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620 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
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622 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
623 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
624 termination rights as set forth in Section 2.3 above. Upon any termination of this
625 Agreement, Licensee shall cease exercising its license rights under this Agreement,
626 including the right to distribute Products that incorporate the Software or Documentation
627 or that implement the Specifications. The rights and obligations contained in Sections 1,
628 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
630 8. General Provisions.
632 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
633 parties hereto and their permitted successors and permitted assigns. InMon will have the
634 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
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637 assignee assumes in writing all of Licensee's obligations hereunder.
639 8.2 Notices. All notices permitted or required under this Agreement shall be in
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643 been given upon receipt.
645 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
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652 independent contractors, and nothing contained in this Agreement shall be construed to make
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655 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
656 the laws of the State of California, without giving effect to such state's conflict of laws
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658 legal proceeding with respect to or arising under this Agreement shall be brought in, the
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660 of the State of California for the County of San Francisco.
662 8.6 U.S. Government Licenses. The Software and Documentation are considered a
663 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
664 software" and "commercial computer software documentation" as such terms are used in
665 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
666 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
668 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
669 applicable law, then such provision shall be excluded from this Agreement and the balance
670 of this Agreement shall be interpreted as if such provision were so excluded and shall be
671 enforceable in accordance with its terms. The court in its discretion may substitute for
672 the excluded provision an enforceable provision which in economic substance reasonably
673 approximates the excluded provision.
675 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
676 regulations (including privacy laws and regulations) having application to or governing its
677 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
678 and against any claims, damages, losses or obligations suffered or incurred by InMon
679 arising from its failure to so comply.
681 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
682 entire agreement between the parties with respect to the subject matter hereof, and
683 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
684 verbal or written, made between the parties with respect to such subject matter. This
685 Agreement shall control over any additional or conflicting terms in any of Licensee's
686 purchase orders or other business forms. This Agreement may only be amended or modified
687 by mutual agreement of authorized representatives of the parties in writing.
690 580 California Street, 5th Floor, San Francisco, CA 94104
691 Phone: (415) 283-3260
693 Email: info@inmon.com