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 Nicira Networks.
12 Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
13 Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
14 and authors listed above.
18 * The following components are licensed under the
19 GNU Lesser General Public Licence version 2.1 only
20 with the exception clause below as a pre-amble.
22 xenserver/etc_xensource_scripts_vif
23 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
24 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
25 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
26 xenserver/opt_xensource_libexec_interface-reconfigure
27 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
29 * These components are only distributed in the source package.
30 They do not appear in any binary packages.
32 On Debian systems, the complete text of the
33 GNU Lesser General Public Licence version 2.1 can be found in
34 `/usr/share/common-licenses/LGPL-2.1'
36 The exception clause pre-amble reads:
38 As a special exception to the GNU Lesser General Public License, you
39 may link, statically or dynamically, a "work that uses the Library"
40 with a publicly distributed version of the Library to produce an
41 executable file containing portions of the Library, and distribute
42 that executable file under terms of your choice, without any of the
43 additional requirements listed in clause 6 of the GNU Lesser General
44 Public License. By "a publicly distributed version of the Library",
45 we mean either the unmodified Library as distributed, or a
46 modified version of the Library that is distributed under the
47 conditions defined in clause 3 of the GNU Library General Public
48 License. This exception does not however invalidate any other reasons
49 why the executable file might be covered by the GNU Lesser General
52 * The following components are licensed under the
53 GNU Lesser General Public Licence version 2.1.
55 utilities/bugtool/ovs-bugtool
56 utilities/bugtool/ovs-bugtool-cfm-show
57 utilities/bugtool/ovs-bugtool-lacp-show
58 utilities/bugtool/ovs-bugtool-tc-class-show
59 utilities/bugtool/plugins/kernel-info/openvswitch.xml
60 utilities/bugtool/plugins/network-status/openvswitch.xml
61 utilities/bugtool/plugins/system-configuration.xml
62 utilities/bugtool/plugins/system-configuration/openvswitch.xml
64 On Debian systems, the complete text of the
65 GNU Lesser General Public Licence version 2.1 can be found in
66 `/usr/share/common-licenses/LGPL-2.1'
68 * The following component is licensed under the GNU General Public Licence
73 On Debian systems, the complete text of the GNU General Public Licence
74 version 2 can be found in `/usr/share/common-licenses/GPL-2'
76 * The following components are dual-licensed under the
77 GNU General Public Licence version 3 and the Apache Licence Version 2.0.
81 On Debian systems, the complete text of the GNU General Public Licence
82 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
83 On Debian systems, the complete text of the Apache License version 2.0
84 can be found in '/usr/share/common-licenses/Apache-2.0'.
86 * The following components are licensed under the terms of either the
87 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
96 These licenses are available, respectively, the following URLs:
98 http://host-sflow.sourceforge.net/sissl.html
99 http://www.inmon.com/technology/sflowlicense.txt
101 The full text of each license is also appended to the end of this
104 * The following components are licenced under the
105 Python Software Foundation License Version 2.
107 python/compat/uuid.py
108 python/compat/argparse.py
110 * These components are only distributed in the source package.
111 They do not appear in any binary packages.
113 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
114 --------------------------------------------
116 1. This LICENSE AGREEMENT is between the Python Software Foundation
117 ("PSF"), and the Individual or Organization ("Licensee") accessing and
118 otherwise using this software ("Python") in source or binary form and
119 its associated documentation.
121 2. Subject to the terms and conditions of this License Agreement, PSF
122 hereby grants Licensee a nonexclusive, royalty-free, world-wide
123 license to reproduce, analyze, test, perform and/or display publicly,
124 prepare derivative works, distribute, and otherwise use Python
125 alone or in any derivative version, provided, however, that PSF's
126 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
127 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
128 All Rights Reserved" are retained in Python alone or in any derivative
129 version prepared by Licensee.
131 3. In the event Licensee prepares a derivative work that is based on
132 or incorporates Python or any part thereof, and wants to make
133 the derivative work available to others as provided herein, then
134 Licensee hereby agrees to include in any such work a brief summary of
135 the changes made to Python.
137 4. PSF is making Python available to Licensee on an "AS IS"
138 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
139 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
140 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
141 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
142 INFRINGE ANY THIRD PARTY RIGHTS.
144 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
145 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
146 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
147 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
149 6. This License Agreement will automatically terminate upon a material
150 breach of its terms and conditions.
152 7. Nothing in this License Agreement shall be deemed to create any
153 relationship of agency, partnership, or joint venture between PSF and
154 Licensee. This License Agreement does not grant permission to use PSF
155 trademarks or trade name in a trademark sense to endorse or promote
156 products or services of Licensee, or any third party.
158 8. By copying, installing or otherwise using Python, Licensee
159 agrees to be bound by the terms and conditions of this License
162 * All other components of this package are licensed under
163 The Apache License Version 2.0.
165 On Debian systems, the complete text of the Apache License version 2.0
166 can be found in '/usr/share/common-licenses/Apache-2.0'.
168 ----------------------------------------------------------------------
170 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
172 Sun Industry Standards Source License - Version 1.1
176 1.1 "Commercial Use" means distribution or otherwise making the
177 Original Code available to a third party.
179 1.2 "Contributor Version" means the combination of the Original Code,
180 and the Modifications made by that particular Contributor.
182 1.3 "Electronic Distribution Mechanism" means a mechanism generally
183 accepted in the software development community for the electronic
186 1.4 "Executable" means Original Code in any form other than Source
189 1.5 "Initial Developer" means the individual or entity identified as
190 the Initial Developer in the Source Code notice required by Exhibit A.
192 1.6 "Larger Work" means a work which combines Original Code or portions
193 thereof with code not governed by the terms of this License.
195 1.7 "License" means this document.
197 1.8 "Licensable" means having the right to grant, to the maximum extent
198 possible, whether at the time of the initial grant or subsequently
199 acquired, any and all of the rights conveyed herein.
201 1.9 "Modifications" means any addition to or deletion from the
202 substance or structure of either the Original Code or any previous
203 Modifications. A Modification is:
205 A. Any addition to or deletion from the contents of a file containing
206 Original Code or previous Modifications.
208 B. Any new file that contains any part of the Original Code or previous
211 1.10 "Original Code" means Source Code of computer software code which
212 is described in the Source Code notice required by Exhibit A as
215 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
216 acquired, including without limitation, method, process, and apparatus
217 claims, in any patent Licensable by grantor.
219 1.12 "Source Code" means the preferred form of the Original Code for
220 making modifications to it, including all modules it contains, plus any
221 associated interface definition files, or scripts used to control
222 compilation and installation of an Executable.
224 1.13 "Standards" means the standards identified in Exhibit B.
226 1.14 "You" (or "Your") means an individual or a legal entity exercising
227 rights under, and complying with all of the terms of, this License or a
228 future version of this License issued under Section 6.1. For legal
229 entities, "You'' includes any entity which controls, is controlled by,
230 or is under common control with You. For purposes of this definition,
231 "control'' means (a) the power, direct or indirect, to cause the
232 direction or management of such entity, whether by contract or
233 otherwise, or (b) ownership of more than fifty percent (50%) of the
234 outstanding shares or beneficial ownership of such entity.
236 2.0 SOURCE CODE LICENSE
238 2.1 The Initial Developer Grant
239 The Initial Developer hereby grants You a world-wide, royalty-free,
240 non-exclusive license, subject to third party intellectual property
243 (a) under intellectual property rights (other than patent or trademark)
244 Licensable by Initial Developer to use, reproduce, modify, display,
245 perform, sublicense and distribute the Original Code (or portions
246 thereof) with or without Modifications, and/or as part of a Larger
249 (b) under Patents Claims infringed by the making, using or selling of
250 Original Code, to make, have made, use, practice, sell, and offer for
251 sale, and/or otherwise dispose of the Original Code (or portions
254 (c) the licenses granted in this Section 2.1(a) and (b) are effective
255 on the date Initial Developer first distributes Original Code under the
256 terms of this License.
258 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
259 1) for code that You delete from the Original Code; 2) separate from
260 the Original Code; or 3) for infringements caused by: i) the
261 modification of the Original Code or ii) the combination of the
262 Original Code with other software or devices, including but not limited
264 3.0 DISTRIBUTION OBLIGATIONS
266 3.1 Application of License.
267 The Source Code version of Original Code may be distributed only under
268 the terms of this License or a future version of this License released
269 under Section 6.1, and You must include a copy of this License with
270 every copy of the Source Code You distribute. You may not offer or
271 impose any terms on any Source Code version that alters or restricts
272 the applicable version of this License or the recipients' rights
273 hereunder. Your license for shipment of the Contributor Version is
274 conditioned upon Your full compliance with this Section. The
275 Modifications which You create must comply with all requirements set
276 out by the Standards body in effect one hundred twenty (120) days
277 before You ship the Contributor Version. In the event that the
278 Modifications do not meet such requirements, You agree to publish
279 either (i) any deviation from the Standards protocol resulting from
280 implementation of Your Modifications and a reference implementation of
281 Your Modifications or (ii) Your Modifications in Source Code form, and
282 to make any such deviation and reference implementation or
283 Modifications available to all third parties under the same terms as
284 this license on a royalty free basis within thirty (30) days of Your
285 first customer shipment of Your Modifications.
287 3.2 Required Notices.
288 You must duplicate the notice in Exhibit A in each file of the Source
289 Code. If it is not possible to put such notice in a particular Source
290 Code file due to its structure, then You must include such notice in a
291 location (such as a relevant directory) where a user would be likely to
292 look for such a notice. If You created one or more Modification(s) You
293 may add Your name as a Contributor to the notice described in Exhibit
294 A. You must also duplicate this License in any documentation for the
295 Source Code where You describe recipients' rights or ownership rights
296 relating to Initial Code. You may choose to offer, and to charge a fee
297 for, warranty, support, indemnity or liability obligations to one or
298 more recipients of Your version of the Code. However, You may do so
299 only on Your own behalf, and not on behalf of the Initial Developer.
300 You must make it absolutely clear than any such warranty, support,
301 indemnity or liability obligation is offered by You alone, and You
302 hereby agree to indemnify the Initial Developer for any liability
303 incurred by the Initial Developer as a result of warranty, support,
304 indemnity or liability terms You offer.
306 3.3 Distribution of Executable Versions.
307 You may distribute Original Code in Executable and Source form only if
308 the requirements of Sections 3.1 and 3.2 have been met for that
309 Original Code, and if You include a notice stating that the Source Code
310 version of the Original Code is available under the terms of this
311 License. The notice must be conspicuously included in any notice in an
312 Executable or Source versions, related documentation or collateral in
313 which You describe recipients' rights relating to the Original Code.
314 You may distribute the Executable and Source versions of Your version
315 of the Code or ownership rights under a license of Your choice, which
316 may contain terms different from this License, provided that You are in
317 compliance with the terms of this License. If You distribute the
318 Executable and Source versions under a different license You must make
319 it absolutely clear that any terms which differ from this License are
320 offered by You alone, not by the Initial Developer. You hereby agree to
321 indemnify the Initial Developer for any liability incurred by the
322 Initial Developer as a result of any such terms You offer.
325 You may create a Larger Work by combining Original Code with other code
326 not governed by the terms of this License and distribute the Larger
327 Work as a single product. In such a case, You must make sure the
328 requirements of this License are fulfilled for the Original Code.
330 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
332 If it is impossible for You to comply with any of the terms of this
333 License with respect to some or all of the Original Code due to
334 statute, judicial order, or regulation then You must: (a) comply with
335 the terms of this License to the maximum extent possible; and (b)
336 describe the limitations and the code they affect. Such description
337 must be included in the LEGAL file described in Section 3.2 and must be
338 included with all distributions of the Source Code. Except to the
339 extent prohibited by statute or regulation, such description must be
340 sufficiently detailed for a recipient of ordinary skill to be able to
343 5.0 APPLICATION OF THIS LICENSE
345 This License applies to code to which the Initial Developer has
346 attached the notice in Exhibit A and to related Modifications as set
349 6.0 VERSIONS OF THE LICENSE
352 Sun may publish revised and/or new versions of the License from time to
353 time. Each version will be given a distinguishing version number.
355 6.2 Effect of New Versions.
356 Once Original Code has been published under a particular version of the
357 License, You may always continue to use it under the terms of that
358 version. You may also choose to use such Original Code under the terms
359 of any subsequent version of the License published by Sun. No one other
360 than Sun has the right to modify the terms applicable to Original Code.
362 7.0 DISCLAIMER OF WARRANTY
364 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
365 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
366 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
367 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
368 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
369 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
370 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
371 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
372 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
373 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
377 8.1 This License and the rights granted hereunder will terminate
378 automatically if You fail to comply with terms herein and fail to cure
379 such breach within 30 days of becoming aware of the breach. All
380 sublicenses to the Original Code which are properly granted shall
381 survive any termination of this License. Provisions which, by their
382 nature, must remain in effect beyond the termination of this License
385 8.2 In the event of termination under Section 8.1 above, all end user
386 license agreements (excluding distributors and resellers) which have
387 been validly granted by You or any distributor hereunder prior to
388 termination shall survive termination.
390 9.0 LIMIT OF LIABILITY
392 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
393 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
394 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
395 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
396 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
397 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
398 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
399 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
400 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
401 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
402 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
403 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
404 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
405 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
407 10.0 U.S. GOVERNMENT END USERS
409 U.S. Government: If this Software is being acquired by or on behalf of
410 the U.S. Government or by a U.S. Government prime contractor or
411 subcontractor (at any tier), then the Government's rights in the
412 Software and accompanying documentation shall be only as set forth in
413 this license; this is in accordance with 48 C.F.R. 227.7201 through
414 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
415 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
419 This License represents the complete agreement concerning subject
420 matter hereof. If any provision of this License is held to be
421 unenforceable, such provision shall be reformed only to the extent
422 necessary to make it enforceable. This License shall be governed by
423 California law provisions (except to the extent applicable law, if any,
424 provides otherwise), excluding its conflict-of-law provisions. With
425 respect to disputes in which at least one party is a citizen of, or an
426 entity chartered or registered to do business in the United States of
427 America, any litigation relating to this License shall be subject to
428 the jurisdiction of the Federal Courts of the Northern District of
429 California, with venue lying in Santa Clara County, California, with
430 the losing party responsible for costs, including without limitation,
431 court costs and reasonable attorneys' fees and expenses. The
432 application of the United Nations Convention on Contracts for the
433 International Sale of Goods is expressly excluded. Any law or
434 regulation which provides that the language of a contract shall be
435 construed against the drafter shall not apply to this License.
437 EXHIBIT A - Sun Standards License
438 "The contents of this file are subject to the Sun Standards
439 License Version 1.1 (the "License");
440 You may not use this file except in compliance with the
441 License. You may obtain a copy of the
442 License at _______________________________.
444 Software distributed under the License is distributed on
445 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
446 express or implied. See the License for the specific
447 language governing rights and limitations under the License.
449 The Original Code is ______________________________________.
451 The Initial Developer of the Original Code is:
454 Portions created by: _______________________________________
456 are Copyright (C): _______________________________________
460 Contributor(s): _______________________________________
462 EXHIBIT B - Standards
464 The Standard is defined as the following:
466 sFlow Specification, located at
467 [1]http://sflow.org/developers/specifications.php
471 1. http://sflow.org/developers/specifications.php
473 ----------------------------------------------------------------------
475 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
479 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
480 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
481 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
482 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
483 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
484 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
485 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
489 "Documentation" means the user manuals, training materials, and operating materials, if any,
490 InMon provides to Licensee under this Agreement.
492 "InMon" means InMon Corporation, its affiliates and subsidiaries.
494 "Intellectual Property Rights" means any trade secrets, patents, including without
495 limitation any patents covering the Software, copyrights, know-how, moral rights and
496 similar rights of any type under the laws of any governmental authority, domestic or
497 foreign, including all applications and registrations relating to any of the foregoing.
499 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
500 or on behalf of Licensee.
502 "Products" means any and all software applications, computers, routers, or other equipment
503 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
504 third party, or otherwise made available by Licensee free of charge.
506 "Software" means the sFlow(R) software programs, in source or binary code format, that
507 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
508 which InMon may provide to Licensee.
510 "Specifications" means the published specifications provided or otherwise made available by
511 InMon at: http://www.sflow.org.
513 "Trademark" means InMon's "sFlow(R)" trademark.
517 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
518 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
519 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
520 transferable, sublicensable license, to: (i) use and reproduce the Software, the
521 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
522 Specifications in the Products; (iv) install the Software, or software in which the
523 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
524 any Products that include the Software, the Documentation, or software in which the
525 Specifications have been implemented.
527 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
528 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
529 transferable, sublicensable license to use the Trademark on or in connection with the
530 Software, the Documentation, the Specifications and any software that implements the
533 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
534 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
535 exercising its rights under the license granted to it in this Agreement, Licensee will:
536 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
537 and no other mark, to identify the Software, the Documentation, the Specifications and any
538 Products that implement the Specifications; (iii) place, in a font or graphic design
539 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
540 sales/marketing materials, catalogs, or other such materials relating to products it
541 manufactures or markets which it has configured to be compatible with the Software or
542 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
543 sold in other countries that include the Software or any software that implements the
544 Specifications, comply with the patent and trademark laws and practice of such other
545 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
546 InMon that may appear in or on the Software, the Documentation or the Specifications. In
547 the event InMon determines that Licensee is not complying with its obligations under
548 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
549 fails to correct such non-compliance within three (3) months, InMon may immediately
550 terminate this Agreement as provided under paragraph 7 below and pursue any and all
551 actions and remedies as it deems necessary, including, but not limited to breach of
554 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
555 retains all right, title, and interest in and to the Trademark and all its Intellectual
556 Property Rights in the Software, the Documentation and the Specifications. Licensee
557 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
558 implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
559 Documentation and Specifications are being licensed and not sold under this Agreement, and
560 that this Agreement does not transfer title in the Trademark, Software, Documentation or
561 Specifications, or any copy thereof, to Licensee.
563 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
564 maintenance or support, bug fixes or error corrections to the Licensed Software,
565 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
566 development tools to Licensee.
568 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
569 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
570 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
571 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
574 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
575 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
576 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
577 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
578 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
579 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
580 PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
583 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
584 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
585 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
586 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
587 termination rights as set forth in Section 2.3 above. Upon any termination of this
588 Agreement, Licensee shall cease exercising its license rights under this Agreement,
589 including the right to distribute Products that incorporate the Software or Documentation
590 or that implement the Specifications. The rights and obligations contained in Sections 1,
591 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
593 8. General Provisions.
595 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
596 parties hereto and their permitted successors and permitted assigns. InMon will have the
597 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
598 (whether by merger, operation of law or in any other manner) any of its rights or delegate
599 any of its obligations hereunder without the prior written consent of InMon, provided the
600 assignee assumes in writing all of Licensee's obligations hereunder.
602 8.2 Notices. All notices permitted or required under this Agreement shall be in
603 writing and shall be delivered in person or mailed by first class, registered or certified
604 mail, postage prepaid, to the address of the party specified in this Agreement or such
605 other address as either party may specify in writing. Such notice shall be deemed to have
606 been given upon receipt.
608 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
609 excused, unless such waiver or consent shall be in writing and signed by the party claimed
610 to have waived or consented. Any consent or waiver, whether express or implied, shall not
611 constitute a consent or waiver of, or excuse for any separate, different or subsequent
614 8.4 Independent Contractor. The parties' relationship shall be solely that of
615 independent contractors, and nothing contained in this Agreement shall be construed to make
616 either party an agent, partner, representative or principal of the other for any purpose.
618 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
619 the laws of the State of California, without giving effect to such state's conflict of laws
620 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
621 legal proceeding with respect to or arising under this Agreement shall be brought in, the
622 United States District Court for the Northern District of California or the state courts
623 of the State of California for the County of San Francisco.
625 8.6 U.S. Government Licenses. The Software and Documentation are considered a
626 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
627 software" and "commercial computer software documentation" as such terms are used in
628 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
629 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
631 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
632 applicable law, then such provision shall be excluded from this Agreement and the balance
633 of this Agreement shall be interpreted as if such provision were so excluded and shall be
634 enforceable in accordance with its terms. The court in its discretion may substitute for
635 the excluded provision an enforceable provision which in economic substance reasonably
636 approximates the excluded provision.
638 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
639 regulations (including privacy laws and regulations) having application to or governing its
640 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
641 and against any claims, damages, losses or obligations suffered or incurred by InMon
642 arising from its failure to so comply.
644 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
645 entire agreement between the parties with respect to the subject matter hereof, and
646 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
647 verbal or written, made between the parties with respect to such subject matter. This
648 Agreement shall control over any additional or conflicting terms in any of Licensee's
649 purchase orders or other business forms. This Agreement may only be amended or modified
650 by mutual agreement of authorized representatives of the parties in writing.
653 580 California Street, 5th Floor, San Francisco, CA 94104
654 Phone: (415) 283-3260
656 Email: info@inmon.com