Global replace of Nicira Networks.

[sliver-openvswitch.git] / debian / copyright.in

The original sources for this package can be found at:

        http://openvswitch.org/

Upstream Authors (from AUTHORS):

%AUTHORS%

Upstream Copyright Holders:

        Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012 Nicira, Inc.
        Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
        Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
        and authors listed above.

License:

* The following components are licensed under the
  GNU Lesser General Public License version 2.1 only
  with the exception clause below as a pre-amble.

        xenserver/etc_xensource_scripts_vif
        xenserver/opt_xensource_libexec_InterfaceReconfigure.py
        xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
        xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
        xenserver/opt_xensource_libexec_interface-reconfigure
        xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py

        * These components are only distributed in the source package.
          They do not appear in any binary packages.

  On Debian systems, the complete text of the
  GNU Lesser General Public License version 2.1 can be found in
  `/usr/share/common-licenses/LGPL-2.1'

  The exception clause pre-amble reads:

  As a special exception to the GNU Lesser General Public License, you
  may link, statically or dynamically, a "work that uses the Library"
  with a publicly distributed version of the Library to produce an
  executable file containing portions of the Library, and distribute
  that executable file under terms of your choice, without any of the
  additional requirements listed in clause 6 of the GNU Lesser General
  Public License.  By "a publicly distributed version of the Library",
  we mean either the unmodified Library as distributed, or a
  modified version of the Library that is distributed under the
  conditions defined in clause 3 of the GNU Library General Public
  License.  This exception does not however invalidate any other reasons
  why the executable file might be covered by the GNU Lesser General
  Public License.

* The following components are licensed under the
  GNU Lesser General Public License version 2.1.

        utilities/bugtool/ovs-bugtool
        utilities/bugtool/ovs-bugtool-*
        utilities/bugtool/plugins/kernel-info/openvswitch.xml
        utilities/bugtool/plugins/network-status/openvswitch.xml
        utilities/bugtool/plugins/system-configuration.xml
        utilities/bugtool/plugins/system-configuration/openvswitch.xml

  On Debian systems, the complete text of the
  GNU Lesser General Public License version 2.1 can be found in
  `/usr/share/common-licenses/LGPL-2.1'

* The following component is licensed under the GNU General Public License
  version 2.

        datapath/

  On Debian systems, the complete text of the GNU General Public License
  version 2 can be found in `/usr/share/common-licenses/GPL-2'

* The following components are dual-licensed under the
  GNU General Public License version 2 and the Apache License Version 2.0.

        include/linux/openvswitch.h
        include/openvswitch/brcompat-netlink.h
        include/openvswitch/datapath-compat.h
        include/openvswitch/tunnel.h

  On Debian systems, the complete text of the GNU General Public License
  version 2 can be found in `/usr/share/common-licenses/GPL-2'.
  On Debian systems, the complete text of the Apache License version 2.0
  can be found in '/usr/share/common-licenses/Apache-2.0'.

* The following components are licensed under the terms of either the
  Sun Industry Standard Source License 1.1 or the InMon sFlow License:

        lib/sflow.h
        lib/sflow_agent.c
        lib/sflow_api.h
        lib/sflow_poller.c
        lib/sflow_receiver.c
        lib/sflow_sampler.c

  These licenses are available, respectively, the following URLs:

        http://host-sflow.sourceforge.net/sissl.html
        http://www.inmon.com/technology/sflowlicense.txt

  The full text of each license is also appended to the end of this
  file.

* The following components are licensed under the
  Python Software Foundation License Version 2.

        python/compat/uuid.py
        python/compat/argparse.py

        * These components are only distributed in the source package.
          They do not appear in any binary packages.

   PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
   --------------------------------------------

   1. This LICENSE AGREEMENT is between the Python Software Foundation
   ("PSF"), and the Individual or Organization ("Licensee") accessing and
   otherwise using this software ("Python") in source or binary form and
   its associated documentation.

   2. Subject to the terms and conditions of this License Agreement, PSF
   hereby grants Licensee a nonexclusive, royalty-free, world-wide
   license to reproduce, analyze, test, perform and/or display publicly,
   prepare derivative works, distribute, and otherwise use Python
   alone or in any derivative version, provided, however, that PSF's
   License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
   2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
   All Rights Reserved" are retained in Python alone or in any derivative
   version prepared by Licensee.

   3. In the event Licensee prepares a derivative work that is based on
   or incorporates Python or any part thereof, and wants to make
   the derivative work available to others as provided herein, then
   Licensee hereby agrees to include in any such work a brief summary of
   the changes made to Python.

   4. PSF is making Python available to Licensee on an "AS IS"
   basis.  PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
   IMPLIED.  BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
   DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
   FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
   INFRINGE ANY THIRD PARTY RIGHTS.

   5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
   FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
   A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
   OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

   6. This License Agreement will automatically terminate upon a material
   breach of its terms and conditions.

   7. Nothing in this License Agreement shall be deemed to create any
   relationship of agency, partnership, or joint venture between PSF and
   Licensee.  This License Agreement does not grant permission to use PSF
   trademarks or trade name in a trademark sense to endorse or promote
   products or services of Licensee, or any third party.

   8. By copying, installing or otherwise using Python, Licensee
   agrees to be bound by the terms and conditions of this License
   Agreement.

* lib/ovs.tmac in the source distribution, and manpages in the
  binaries, includes troff macros from groff 1.21 that contain the
  following notice:

    .\" an-ext.tmac
    .\"
    .\" Written by Eric S. Raymond <esr@thyrsus.com>
    .\"            Werner Lemberg <wl@gnu.org>
    .\"
    .\" Version 2007-Feb-02
    .\"
    .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
    .\" You may freely use, modify and/or distribute this file.

* All other components of this package are licensed under
  The Apache License Version 2.0.

  On Debian systems, the complete text of the Apache License version 2.0
  can be found in '/usr/share/common-licenses/Apache-2.0'.

----------------------------------------------------------------------

Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:

   Sun Industry Standards Source License - Version 1.1

   1.0 DEFINITIONS

   1.1 "Commercial Use" means distribution or otherwise making the
   Original Code available to a third party.

   1.2 "Contributor Version" means the combination of the Original Code,
   and the Modifications made by that particular Contributor.

   1.3 "Electronic Distribution Mechanism" means a mechanism generally
   accepted in the software development community for the electronic
   transfer of data.

   1.4 "Executable" means Original Code in any form other than Source
   Code.

   1.5 "Initial Developer" means the individual or entity identified as
   the Initial Developer in the Source Code notice required by Exhibit A.

   1.6 "Larger Work" means a work which combines Original Code or portions
   thereof with code not governed by the terms of this License.

   1.7 "License" means this document.

   1.8 "Licensable" means having the right to grant, to the maximum extent
   possible, whether at the time of the initial grant or subsequently
   acquired, any and all of the rights conveyed herein.

   1.9 "Modifications" means any addition to or deletion from the
   substance or structure of either the Original Code or any previous
   Modifications. A Modification is:

   A. Any addition to or deletion from the contents of a file containing
   Original Code or previous Modifications.

   B. Any new file that contains any part of the Original Code or previous
   Modifications.

   1.10 "Original Code" means Source Code of computer software code which
   is described in the Source Code notice required by Exhibit A as
   Original Code.

   1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
   acquired, including without limitation, method, process, and apparatus
   claims, in any patent Licensable by grantor.

   1.12 "Source Code" means the preferred form of the Original Code for
   making modifications to it, including all modules it contains, plus any
   associated interface definition files, or scripts used to control
   compilation and installation of an Executable.

   1.13 "Standards" means the standards identified in Exhibit B.

   1.14 "You" (or "Your") means an individual or a legal entity exercising
   rights under, and complying with all of the terms of, this License or a
   future version of this License issued under Section 6.1. For legal
   entities, "You'' includes any entity which controls, is controlled by,
   or is under common control with You. For purposes of this definition,
   "control'' means (a) the power, direct or indirect, to cause the
   direction or management of such entity, whether by contract or
   otherwise, or (b) ownership of more than fifty percent (50%) of the
   outstanding shares or beneficial ownership of such entity.

   2.0 SOURCE CODE LICENSE

   2.1 The Initial Developer Grant
   The Initial Developer hereby grants You a world-wide, royalty-free,
   non-exclusive license, subject to third party intellectual property
   claims:

   (a) under intellectual property rights (other than patent or trademark)
   Licensable by Initial Developer to use, reproduce, modify, display,
   perform, sublicense and distribute the Original Code (or portions
   thereof) with or without Modifications, and/or as part of a Larger
   Work; and

   (b) under Patents Claims infringed by the making, using or selling of
   Original Code, to make, have made, use, practice, sell, and offer for
   sale, and/or otherwise dispose of the Original Code (or portions
   thereof).

   (c) the licenses granted in this Section 2.1(a) and (b) are effective
   on the date Initial Developer first distributes Original Code under the
   terms of this License.

   (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
   1) for code that You delete from the Original Code; 2) separate from
   the Original Code; or 3) for infringements caused by: i) the
   modification of the Original Code or ii) the combination of the
   Original Code with other software or devices, including but not limited
   to Modifications.
   3.0 DISTRIBUTION OBLIGATIONS

   3.1 Application of License.
   The Source Code version of Original Code may be distributed only under
   the terms of this License or a future version of this License released
   under Section 6.1, and You must include a copy of this License with
   every copy of the Source Code You distribute. You may not offer or
   impose any terms on any Source Code version that alters or restricts
   the applicable version of this License or the recipients' rights
   hereunder. Your license for shipment of the Contributor Version is
   conditioned upon Your full compliance with this Section. The
   Modifications which You create must comply with all requirements set
   out by the Standards body in effect one hundred twenty (120) days
   before You ship the Contributor Version. In the event that the
   Modifications do not meet such requirements, You agree to publish
   either (i) any deviation from the Standards protocol resulting from
   implementation of Your Modifications and a reference implementation of
   Your Modifications or (ii) Your Modifications in Source Code form, and
   to make any such deviation and reference implementation or
   Modifications available to all third parties under the same terms as
   this license on a royalty free basis within thirty (30) days of Your
   first customer shipment of Your Modifications.

   3.2 Required Notices.
   You must duplicate the notice in Exhibit A in each file of the Source
   Code. If it is not possible to put such notice in a particular Source
   Code file due to its structure, then You must include such notice in a
   location (such as a relevant directory) where a user would be likely to
   look for such a notice. If You created one or more Modification(s) You
   may add Your name as a Contributor to the notice described in Exhibit
   A. You must also duplicate this License in any documentation for the
   Source Code where You describe recipients' rights or ownership rights
   relating to Initial Code. You may choose to offer, and to charge a fee
   for, warranty, support, indemnity or liability obligations to one or
   more recipients of Your version of the Code. However, You may do so
   only on Your own behalf, and not on behalf of the Initial Developer.
   You must make it absolutely clear than any such warranty, support,
   indemnity or liability obligation is offered by You alone, and You
   hereby agree to indemnify the Initial Developer for any liability
   incurred by the Initial Developer as a result of warranty, support,
   indemnity or liability terms You offer.

   3.3 Distribution of Executable Versions.
   You may distribute Original Code in Executable and Source form only if
   the requirements of Sections 3.1 and 3.2 have been met for that
   Original Code, and if You include a notice stating that the Source Code
   version of the Original Code is available under the terms of this
   License. The notice must be conspicuously included in any notice in an
   Executable or Source versions, related documentation or collateral in
   which You describe recipients' rights relating to the Original Code.
   You may distribute the Executable and Source versions of Your version
   of the Code or ownership rights under a license of Your choice, which
   may contain terms different from this License, provided that You are in
   compliance with the terms of this License. If You distribute the
   Executable and Source versions under a different license You must make
   it absolutely clear that any terms which differ from this License are
   offered by You alone, not by the Initial Developer. You hereby agree to
   indemnify the Initial Developer for any liability incurred by the
   Initial Developer as a result of any such terms You offer.

   3.4 Larger Works.
   You may create a Larger Work by combining Original Code with other code
   not governed by the terms of this License and distribute the Larger
   Work as a single product. In such a case, You must make sure the
   requirements of this License are fulfilled for the Original Code.

   4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION

   If it is impossible for You to comply with any of the terms of this
   License with respect to some or all of the Original Code due to
   statute, judicial order, or regulation then You must: (a) comply with
   the terms of this License to the maximum extent possible; and (b)
   describe the limitations and the code they affect. Such description
   must be included in the LEGAL file described in Section 3.2 and must be
   included with all distributions of the Source Code. Except to the
   extent prohibited by statute or regulation, such description must be
   sufficiently detailed for a recipient of ordinary skill to be able to
   understand it.

   5.0 APPLICATION OF THIS LICENSE

   This License applies to code to which the Initial Developer has
   attached the notice in Exhibit A and to related Modifications as set
   out in Section 3.1.

   6.0 VERSIONS OF THE LICENSE

   6.1 New Versions.
   Sun may publish revised and/or new versions of the License from time to
   time. Each version will be given a distinguishing version number.

   6.2 Effect of New Versions.
   Once Original Code has been published under a particular version of the
   License, You may always continue to use it under the terms of that
   version. You may also choose to use such Original Code under the terms
   of any subsequent version of the License published by Sun. No one other
   than Sun has the right to modify the terms applicable to Original Code.

   7.0 DISCLAIMER OF WARRANTY

   ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
   WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
   WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
   DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
   THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
   IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
   YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
   SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
   CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
   CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

   8.0 TERMINATION

   8.1 This License and the rights granted hereunder will terminate
   automatically if You fail to comply with terms herein and fail to cure
   such breach within 30 days of becoming aware of the breach. All
   sublicenses to the Original Code which are properly granted shall
   survive any termination of this License. Provisions which, by their
   nature, must remain in effect beyond the termination of this License
   shall survive.

   8.2 In the event of termination under Section 8.1 above, all end user
   license agreements (excluding distributors and resellers) which have
   been validly granted by You or any distributor hereunder prior to
   termination shall survive termination.

   9.0 LIMIT OF LIABILITY

   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
   (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
   DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
   OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
   INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
   CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
   WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
   COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
   INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
   LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
   RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
   PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
   EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
   EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

   10.0 U.S. GOVERNMENT END USERS

   U.S. Government: If this Software is being acquired by or on behalf of
   the U.S. Government or by a U.S. Government prime contractor or
   subcontractor (at any tier), then the Government's rights in the
   Software and accompanying documentation shall be only as set forth in
   this license; this is in accordance with 48 C.F.R. 227.7201 through
   227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
   C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

   11.0 MISCELLANEOUS

   This License represents the complete agreement concerning subject
   matter hereof. If any provision of this License is held to be
   unenforceable, such provision shall be reformed only to the extent
   necessary to make it enforceable. This License shall be governed by
   California law provisions (except to the extent applicable law, if any,
   provides otherwise), excluding its conflict-of-law provisions. With
   respect to disputes in which at least one party is a citizen of, or an
   entity chartered or registered to do business in the United States of
   America, any litigation relating to this License shall be subject to
   the jurisdiction of the Federal Courts of the Northern District of
   California, with venue lying in Santa Clara County, California, with
   the losing party responsible for costs, including without limitation,
   court costs and reasonable attorneys' fees and expenses. The
   application of the United Nations Convention on Contracts for the
   International Sale of Goods is expressly excluded. Any law or
   regulation which provides that the language of a contract shall be
   construed against the drafter shall not apply to this License.

   EXHIBIT A - Sun Standards License
"The contents of this file are subject to the Sun Standards
License Version 1.1 (the "License");
You may not use this file except in compliance with the
License. You may obtain a copy of the
License at _______________________________.

Software distributed under the License is distributed on
an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
express or implied. See the License for the specific
language governing rights and limitations under the License.

The Original Code is ______________________________________.

The Initial Developer of the Original Code is:
InMon Corp.

Portions created by: _______________________________________

are Copyright (C): _______________________________________

All Rights Reserved.

Contributor(s): _______________________________________

   EXHIBIT B - Standards

   The Standard is defined as the following:

   sFlow Specification, located at
   [1]http://sflow.org/developers/specifications.php

References

   1. http://sflow.org/developers/specifications.php

----------------------------------------------------------------------

Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:

LICENSE AGREEMENT

PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS").  YOUR REPRODUCTION
OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.

1.      Definitions.

"Documentation" means the user manuals, training materials, and operating materials, if any,
InMon provides to Licensee under this Agreement.

"InMon" means InMon Corporation, its affiliates and subsidiaries.

"Intellectual Property Rights" means any trade secrets, patents, including without
limitation any patents covering the Software, copyrights, know-how, moral rights and
similar rights of any type under the laws of any governmental authority, domestic or
foreign, including all applications and registrations relating to any of the foregoing.

"Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
or on behalf of Licensee.

"Products" means any and all software applications, computers, routers, or other equipment
manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
third party, or otherwise made available by Licensee free of charge.

"Software" means the sFlow(R) software programs, in source or binary code format, that
Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
which InMon may provide to Licensee.

"Specifications" means the published specifications provided or otherwise made available by
InMon at: http://www.sflow.org.

"Trademark" means InMon's "sFlow(R)" trademark.

2.      License Grant.

2.1     Software, Documentation and Specifications License Grant.  InMon hereby grants to
Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
transferable, sublicensable license, to:  (i) use and reproduce the Software, the
Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
Specifications in the Products; (iv) install the Software, or software in which the
Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
any Products that include the Software, the Documentation, or software in which the
Specifications have been implemented.

2.2     Trademark License.  InMon hereby grants to Licensee a perpetual (subject to InMon's
termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
transferable, sublicensable license to use the Trademark on or in connection with the
Software, the Documentation, the Specifications and any software that implements the
Specifications.

2.3     Restrictions.  Licensee agrees that it will not use the Software in a way
inconsistent with the license granted in Section 2.1.  Further, Licensee agrees that, in
exercising its rights under the license granted to it in this Agreement, Licensee will:
(i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
and no other mark, to identify the Software, the Documentation, the Specifications and any
Products that implement the Specifications; (iii) place, in a font or graphic design
designated by InMon,  the phrase "sFlow(R)" on any technical documentation,
sales/marketing materials, catalogs, or other such materials relating to products it
manufactures or markets which it has configured to be compatible with the Software or
otherwise implement the Specifications; (iv) in connection with any Products shipped to or
sold in other countries that include the Software or any software that implements the
Specifications, comply with the patent and trademark laws and practice of such other
country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
InMon that may appear in or on the Software, the Documentation or the Specifications.  In
the event InMon determines that Licensee is not complying with its obligations under
clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
fails to correct such non-compliance within three (3) months, InMon may immediately
terminate this Agreement as provided under paragraph 7 below and pursue any and all
actions and remedies as it deems necessary, including, but not limited to breach of
contract.

3.      Ownership.  Except for the license expressly granted in Section 2, Inmon hereby
retains all right, title, and interest in and to the Trademark and all its Intellectual
Property Rights in the Software, the Documentation and the Specifications.  Licensee
obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
implication, estoppel or otherwise.  Licensee acknowledges that the Trademark, Software,
Documentation and Specifications are being licensed and not sold under this Agreement, and
that this Agreement does not transfer title in the Trademark, Software, Documentation or
Specifications, or any copy thereof, to Licensee.

4.      Support.  Inmon shall have no obligation under this Agreement to (a) supply
maintenance or support, bug fixes or error corrections to the Licensed Software,
(b) supply future versions of the Licensed Software or (c) provide Licensed Software
development tools to Licensee.

5.      Warranty.  INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY RIGHTS.

6.      Limitation of Liability.  IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
DAMAGES.

7.      Term and Termination.  The term of this Agreement will begin on the Effective Date,
which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
Specifications to Licensee, and shall continue indefinitely unless and until terminated by
Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
termination rights as set forth in Section 2.3 above.  Upon any termination of this
Agreement, Licensee shall cease exercising its license rights under this Agreement,
including the right to distribute Products that incorporate the Software or Documentation
or that implement the Specifications.  The rights and obligations contained in Sections 1,
3, 5, 6, 7, and 8 shall survive any termination of this Agreement.

8.      General Provisions.

8.1     Assignment.  This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their permitted successors and permitted assigns.  InMon will have the
right to assign this Agreement without notice to Licensee.  Licensee may assign or transfer
(whether by merger, operation of law or in any other manner) any of its rights or delegate
any of its obligations hereunder without the prior written consent of InMon, provided the
assignee assumes in writing all of Licensee's obligations hereunder.

8.2     Notices.  All notices permitted or required under this Agreement shall be in
writing and shall be delivered in person or mailed by first class, registered or certified
mail, postage prepaid, to the address of the party specified in this Agreement or such
other address as either party may specify in writing.  Such notice shall be deemed to have
been given upon receipt.

8.3     Non-Waiver.  No term or provision hereof shall be deemed waived, and no breach
excused, unless such waiver or consent shall be in writing and signed by the party claimed
to have waived or consented.  Any consent or waiver, whether express or implied, shall not
constitute a consent or waiver of, or excuse for any separate, different or subsequent
breach.

8.4     Independent Contractor.  The parties' relationship shall be solely that of
independent contractors, and nothing contained in this Agreement shall be construed to make
either party an agent, partner, representative or principal of the other for any purpose.

8.5     Choice of Law and Forum.  This Agreement shall be governed by and construed under
the laws of the State of California, without giving effect to such state's conflict of laws
principles.  The parties hereby submit to the personal jurisdiction of, and agree that any
legal proceeding with respect to or arising under this Agreement shall be brought in, the
United States District Court for the Northern District of California or the state courts
of the State of California for the County of San Francisco.

8.6     U.S. Government Licenses.  The Software and Documentation are considered a
"commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
software" and "commercial computer software documentation" as such terms are used in
48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.

8.7     Severability.  If any provision of this Agreement is held to be unenforceable under
applicable law, then such provision shall be excluded from this Agreement and the balance
of this Agreement shall be interpreted as if such provision were so excluded and shall be
enforceable in accordance with its terms.  The court in its discretion may substitute for
the excluded provision an enforceable provision which in economic substance reasonably
approximates the excluded provision.

8.8     Compliance With Law.  Licensee shall comply with all applicable laws and
regulations (including privacy laws and regulations) having application to or governing its
 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
and against any claims, damages, losses or obligations suffered or incurred by InMon
arising from its failure to so comply.

8.9     Entire Agreement; Amendment.  This Agreement constitutes the final, complete and
entire agreement between the parties with respect to the subject matter hereof, and
supersedes any previous proposals, negotiations, agreements, or arrangements, whether
verbal or written, made between the parties with respect to such subject matter.  This
Agreement shall control over any additional or conflicting terms in any of Licensee's
purchase orders or other business forms.  This Agreement may only be amended or modified
by mutual agreement of authorized representatives of the parties in writing.

InMon Corp.
580 California Street, 5th Floor, San Francisco, CA 94104
Phone: (415) 283-3260
URL:   www.inmon.com
Email: info@inmon.com