1 The original sources for this package can be found at:
3 http://openvswitch.org/
5 Upstream Authors (from AUTHORS):
9 Upstream Copyright Holders:
11 Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012, 2013 Nicira, Inc.
12 Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
13 Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
14 and authors listed above.
15 Copyright (c) 2011 Gaetano Catalli
16 Copyright (C) 2000-2003 Geoffrey Wossum (gwossum@acm.org)
17 Copyright (C) 2000 The NetBSD Foundation, Inc.
18 Copyright (C) 1995, 1996, 1997, and 1998 WIDE Project.
19 Copyright (c) 1982, 1986, 1990, 1993 The Regents of the University of California.
20 Copyright (c) 2008, 2012 Vincent Bernat <bernat@luffy.cx>
21 Copyright (c) 2014 Michael Chapman
22 Copyright (c) 2014 WindRiver, Inc.
23 Copyright (c) 2014 Avaya, Inc.
27 * The following components are licensed under the
28 GNU Lesser General Public License version 2.1 only
29 with the exception clause below as a pre-amble.
31 xenserver/etc_xensource_scripts_vif
32 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
33 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
34 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
35 xenserver/opt_xensource_libexec_interface-reconfigure
36 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
38 * These components are only distributed in the source package.
39 They do not appear in any binary packages.
41 On Debian systems, the complete text of the
42 GNU Lesser General Public License version 2.1 can be found in
43 `/usr/share/common-licenses/LGPL-2.1'
45 The exception clause pre-amble reads:
47 As a special exception to the GNU Lesser General Public License, you
48 may link, statically or dynamically, a "work that uses the Library"
49 with a publicly distributed version of the Library to produce an
50 executable file containing portions of the Library, and distribute
51 that executable file under terms of your choice, without any of the
52 additional requirements listed in clause 6 of the GNU Lesser General
53 Public License. By "a publicly distributed version of the Library",
54 we mean either the unmodified Library as distributed, or a
55 modified version of the Library that is distributed under the
56 conditions defined in clause 3 of the GNU Library General Public
57 License. This exception does not however invalidate any other reasons
58 why the executable file might be covered by the GNU Lesser General
61 * The following components are licensed under the
62 GNU Lesser General Public License version 2.1.
64 utilities/bugtool/ovs-bugtool
65 utilities/bugtool/ovs-bugtool-*
66 utilities/bugtool/plugins/kernel-info/openvswitch.xml
67 utilities/bugtool/plugins/network-status/openvswitch.xml
68 utilities/bugtool/plugins/system-configuration.xml
69 utilities/bugtool/plugins/system-configuration/openvswitch.xml
71 On Debian systems, the complete text of the
72 GNU Lesser General Public License version 2.1 can be found in
73 `/usr/share/common-licenses/LGPL-2.1'
75 * The following component is licensed under the GNU General Public License
80 On Debian systems, the complete text of the GNU General Public License
81 version 2 can be found in `/usr/share/common-licenses/GPL-2'
83 * The following file is licensed under the GNU General Public License
88 * The following files are licensed under the 2-clause BSD license.
91 include/windows/getopt.h
92 datapath-windows/ovsext/Conntrack-tcp.c
94 * The following files are licensed under the 3-clause BSD-license
96 include/windows/netinet/icmp6.h
97 include/windows/netinet/ip6.h
100 * The following components are dual-licensed under the
101 GNU General Public License version 2 and the Apache License Version 2.0.
103 datapath/linux/compat/include/linux/openvswitch.h
105 On Debian systems, the complete text of the GNU General Public License
106 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
107 On Debian systems, the complete text of the Apache License version 2.0
108 can be found in '/usr/share/common-licenses/Apache-2.0'.
110 * The following components are licensed under the terms of either the
111 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
120 These licenses are available, respectively, the following URLs:
122 http://host-sflow.sourceforge.net/sissl.html
123 http://www.inmon.com/technology/sflowlicense.txt
125 The full text of each license is also appended to the end of this
128 * The following components are licensed for use as desired without restriction:
132 * lib/ovs.tmac in the source distribution, and manpages in the
133 binaries, includes troff macros from groff 1.21 that contain the
138 .\" Written by Eric S. Raymond <esr@thyrsus.com>
139 .\" Werner Lemberg <wl@gnu.org>
141 .\" Version 2007-Feb-02
143 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
144 .\" You may freely use, modify and/or distribute this file.
146 * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
147 Paul Eggert and Derek Price bear the following notices:
149 Copyright (C) 2006-2013 Free Software Foundation, Inc.
150 This file is free software; the Free Software Foundation
151 gives unlimited permission to copy and/or distribute it,
152 with or without modifications, as long as this notice is preserved.
154 * The following files are licensed under the ISC-license
156 lib/lldp/aa-structs.h
159 lib/lldp/lldpd-structs.c
160 lib/lldp/lldpd-structs.h
163 lib/lldp/lldp-const.h
165 * All other components of this package are licensed under
166 The Apache License Version 2.0.
168 On Debian systems, the complete text of the Apache License version 2.0
169 can be found in '/usr/share/common-licenses/Apache-2.0'.
171 ----------------------------------------------------------------------
173 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
175 Sun Industry Standards Source License - Version 1.1
179 1.1 "Commercial Use" means distribution or otherwise making the
180 Original Code available to a third party.
182 1.2 "Contributor Version" means the combination of the Original Code,
183 and the Modifications made by that particular Contributor.
185 1.3 "Electronic Distribution Mechanism" means a mechanism generally
186 accepted in the software development community for the electronic
189 1.4 "Executable" means Original Code in any form other than Source
192 1.5 "Initial Developer" means the individual or entity identified as
193 the Initial Developer in the Source Code notice required by Exhibit A.
195 1.6 "Larger Work" means a work which combines Original Code or portions
196 thereof with code not governed by the terms of this License.
198 1.7 "License" means this document.
200 1.8 "Licensable" means having the right to grant, to the maximum extent
201 possible, whether at the time of the initial grant or subsequently
202 acquired, any and all of the rights conveyed herein.
204 1.9 "Modifications" means any addition to or deletion from the
205 substance or structure of either the Original Code or any previous
206 Modifications. A Modification is:
208 A. Any addition to or deletion from the contents of a file containing
209 Original Code or previous Modifications.
211 B. Any new file that contains any part of the Original Code or previous
214 1.10 "Original Code" means Source Code of computer software code which
215 is described in the Source Code notice required by Exhibit A as
218 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
219 acquired, including without limitation, method, process, and apparatus
220 claims, in any patent Licensable by grantor.
222 1.12 "Source Code" means the preferred form of the Original Code for
223 making modifications to it, including all modules it contains, plus any
224 associated interface definition files, or scripts used to control
225 compilation and installation of an Executable.
227 1.13 "Standards" means the standards identified in Exhibit B.
229 1.14 "You" (or "Your") means an individual or a legal entity exercising
230 rights under, and complying with all of the terms of, this License or a
231 future version of this License issued under Section 6.1. For legal
232 entities, "You'' includes any entity which controls, is controlled by,
233 or is under common control with You. For purposes of this definition,
234 "control'' means (a) the power, direct or indirect, to cause the
235 direction or management of such entity, whether by contract or
236 otherwise, or (b) ownership of more than fifty percent (50%) of the
237 outstanding shares or beneficial ownership of such entity.
239 2.0 SOURCE CODE LICENSE
241 2.1 The Initial Developer Grant
242 The Initial Developer hereby grants You a world-wide, royalty-free,
243 non-exclusive license, subject to third party intellectual property
246 (a) under intellectual property rights (other than patent or trademark)
247 Licensable by Initial Developer to use, reproduce, modify, display,
248 perform, sublicense and distribute the Original Code (or portions
249 thereof) with or without Modifications, and/or as part of a Larger
252 (b) under Patents Claims infringed by the making, using or selling of
253 Original Code, to make, have made, use, practice, sell, and offer for
254 sale, and/or otherwise dispose of the Original Code (or portions
257 (c) the licenses granted in this Section 2.1(a) and (b) are effective
258 on the date Initial Developer first distributes Original Code under the
259 terms of this License.
261 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
262 1) for code that You delete from the Original Code; 2) separate from
263 the Original Code; or 3) for infringements caused by: i) the
264 modification of the Original Code or ii) the combination of the
265 Original Code with other software or devices, including but not limited
267 3.0 DISTRIBUTION OBLIGATIONS
269 3.1 Application of License.
270 The Source Code version of Original Code may be distributed only under
271 the terms of this License or a future version of this License released
272 under Section 6.1, and You must include a copy of this License with
273 every copy of the Source Code You distribute. You may not offer or
274 impose any terms on any Source Code version that alters or restricts
275 the applicable version of this License or the recipients' rights
276 hereunder. Your license for shipment of the Contributor Version is
277 conditioned upon Your full compliance with this Section. The
278 Modifications which You create must comply with all requirements set
279 out by the Standards body in effect one hundred twenty (120) days
280 before You ship the Contributor Version. In the event that the
281 Modifications do not meet such requirements, You agree to publish
282 either (i) any deviation from the Standards protocol resulting from
283 implementation of Your Modifications and a reference implementation of
284 Your Modifications or (ii) Your Modifications in Source Code form, and
285 to make any such deviation and reference implementation or
286 Modifications available to all third parties under the same terms as
287 this license on a royalty free basis within thirty (30) days of Your
288 first customer shipment of Your Modifications.
290 3.2 Required Notices.
291 You must duplicate the notice in Exhibit A in each file of the Source
292 Code. If it is not possible to put such notice in a particular Source
293 Code file due to its structure, then You must include such notice in a
294 location (such as a relevant directory) where a user would be likely to
295 look for such a notice. If You created one or more Modification(s) You
296 may add Your name as a Contributor to the notice described in Exhibit
297 A. You must also duplicate this License in any documentation for the
298 Source Code where You describe recipients' rights or ownership rights
299 relating to Initial Code. You may choose to offer, and to charge a fee
300 for, warranty, support, indemnity or liability obligations to one or
301 more recipients of Your version of the Code. However, You may do so
302 only on Your own behalf, and not on behalf of the Initial Developer.
303 You must make it absolutely clear than any such warranty, support,
304 indemnity or liability obligation is offered by You alone, and You
305 hereby agree to indemnify the Initial Developer for any liability
306 incurred by the Initial Developer as a result of warranty, support,
307 indemnity or liability terms You offer.
309 3.3 Distribution of Executable Versions.
310 You may distribute Original Code in Executable and Source form only if
311 the requirements of Sections 3.1 and 3.2 have been met for that
312 Original Code, and if You include a notice stating that the Source Code
313 version of the Original Code is available under the terms of this
314 License. The notice must be conspicuously included in any notice in an
315 Executable or Source versions, related documentation or collateral in
316 which You describe recipients' rights relating to the Original Code.
317 You may distribute the Executable and Source versions of Your version
318 of the Code or ownership rights under a license of Your choice, which
319 may contain terms different from this License, provided that You are in
320 compliance with the terms of this License. If You distribute the
321 Executable and Source versions under a different license You must make
322 it absolutely clear that any terms which differ from this License are
323 offered by You alone, not by the Initial Developer. You hereby agree to
324 indemnify the Initial Developer for any liability incurred by the
325 Initial Developer as a result of any such terms You offer.
328 You may create a Larger Work by combining Original Code with other code
329 not governed by the terms of this License and distribute the Larger
330 Work as a single product. In such a case, You must make sure the
331 requirements of this License are fulfilled for the Original Code.
333 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
335 If it is impossible for You to comply with any of the terms of this
336 License with respect to some or all of the Original Code due to
337 statute, judicial order, or regulation then You must: (a) comply with
338 the terms of this License to the maximum extent possible; and (b)
339 describe the limitations and the code they affect. Such description
340 must be included in the LEGAL file described in Section 3.2 and must be
341 included with all distributions of the Source Code. Except to the
342 extent prohibited by statute or regulation, such description must be
343 sufficiently detailed for a recipient of ordinary skill to be able to
346 5.0 APPLICATION OF THIS LICENSE
348 This License applies to code to which the Initial Developer has
349 attached the notice in Exhibit A and to related Modifications as set
352 6.0 VERSIONS OF THE LICENSE
355 Sun may publish revised and/or new versions of the License from time to
356 time. Each version will be given a distinguishing version number.
358 6.2 Effect of New Versions.
359 Once Original Code has been published under a particular version of the
360 License, You may always continue to use it under the terms of that
361 version. You may also choose to use such Original Code under the terms
362 of any subsequent version of the License published by Sun. No one other
363 than Sun has the right to modify the terms applicable to Original Code.
365 7.0 DISCLAIMER OF WARRANTY
367 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
368 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
369 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
370 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
371 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
372 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
373 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
374 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
375 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
376 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
380 8.1 This License and the rights granted hereunder will terminate
381 automatically if You fail to comply with terms herein and fail to cure
382 such breach within 30 days of becoming aware of the breach. All
383 sublicenses to the Original Code which are properly granted shall
384 survive any termination of this License. Provisions which, by their
385 nature, must remain in effect beyond the termination of this License
388 8.2 In the event of termination under Section 8.1 above, all end user
389 license agreements (excluding distributors and resellers) which have
390 been validly granted by You or any distributor hereunder prior to
391 termination shall survive termination.
393 9.0 LIMIT OF LIABILITY
395 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
396 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
397 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
398 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
399 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
400 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
401 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
402 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
403 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
404 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
405 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
406 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
407 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
408 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
410 10.0 U.S. GOVERNMENT END USERS
412 U.S. Government: If this Software is being acquired by or on behalf of
413 the U.S. Government or by a U.S. Government prime contractor or
414 subcontractor (at any tier), then the Government's rights in the
415 Software and accompanying documentation shall be only as set forth in
416 this license; this is in accordance with 48 C.F.R. 227.7201 through
417 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
418 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
422 This License represents the complete agreement concerning subject
423 matter hereof. If any provision of this License is held to be
424 unenforceable, such provision shall be reformed only to the extent
425 necessary to make it enforceable. This License shall be governed by
426 California law provisions (except to the extent applicable law, if any,
427 provides otherwise), excluding its conflict-of-law provisions. With
428 respect to disputes in which at least one party is a citizen of, or an
429 entity chartered or registered to do business in the United States of
430 America, any litigation relating to this License shall be subject to
431 the jurisdiction of the Federal Courts of the Northern District of
432 California, with venue lying in Santa Clara County, California, with
433 the losing party responsible for costs, including without limitation,
434 court costs and reasonable attorneys' fees and expenses. The
435 application of the United Nations Convention on Contracts for the
436 International Sale of Goods is expressly excluded. Any law or
437 regulation which provides that the language of a contract shall be
438 construed against the drafter shall not apply to this License.
440 EXHIBIT A - Sun Standards License
441 "The contents of this file are subject to the Sun Standards
442 License Version 1.1 (the "License");
443 You may not use this file except in compliance with the
444 License. You may obtain a copy of the
445 License at _______________________________.
447 Software distributed under the License is distributed on
448 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
449 express or implied. See the License for the specific
450 language governing rights and limitations under the License.
452 The Original Code is ______________________________________.
454 The Initial Developer of the Original Code is:
457 Portions created by: _______________________________________
459 are Copyright (C): _______________________________________
463 Contributor(s): _______________________________________
465 EXHIBIT B - Standards
467 The Standard is defined as the following:
469 sFlow Specification, located at
470 [1]http://sflow.org/developers/specifications.php
474 1. http://sflow.org/developers/specifications.php
476 ----------------------------------------------------------------------
478 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
482 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
483 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
484 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
485 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
486 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
487 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
488 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
492 "Documentation" means the user manuals, training materials, and operating materials, if any,
493 InMon provides to Licensee under this Agreement.
495 "InMon" means InMon Corporation, its affiliates and subsidiaries.
497 "Intellectual Property Rights" means any trade secrets, patents, including without
498 limitation any patents covering the Software, copyrights, know-how, moral rights and
499 similar rights of any type under the laws of any governmental authority, domestic or
500 foreign, including all applications and registrations relating to any of the foregoing.
502 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
503 or on behalf of Licensee.
505 "Products" means any and all software applications, computers, routers, or other equipment
506 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
507 third party, or otherwise made available by Licensee free of charge.
509 "Software" means the sFlow(R) software programs, in source or binary code format, that
510 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
511 which InMon may provide to Licensee.
513 "Specifications" means the published specifications provided or otherwise made available by
514 InMon at: http://www.sflow.org.
516 "Trademark" means InMon's "sFlow(R)" trademark.
520 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
521 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
522 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
523 transferable, sublicensable license, to: (i) use and reproduce the Software, the
524 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
525 Specifications in the Products; (iv) install the Software, or software in which the
526 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
527 any Products that include the Software, the Documentation, or software in which the
528 Specifications have been implemented.
530 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
531 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
532 transferable, sublicensable license to use the Trademark on or in connection with the
533 Software, the Documentation, the Specifications and any software that implements the
536 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
537 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
538 exercising its rights under the license granted to it in this Agreement, Licensee will:
539 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
540 and no other mark, to identify the Software, the Documentation, the Specifications and any
541 Products that implement the Specifications; (iii) place, in a font or graphic design
542 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
543 sales/marketing materials, catalogs, or other such materials relating to products it
544 manufactures or markets which it has configured to be compatible with the Software or
545 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
546 sold in other countries that include the Software or any software that implements the
547 Specifications, comply with the patent and trademark laws and practice of such other
548 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
549 InMon that may appear in or on the Software, the Documentation or the Specifications. In
550 the event InMon determines that Licensee is not complying with its obligations under
551 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
552 fails to correct such non-compliance within three (3) months, InMon may immediately
553 terminate this Agreement as provided under paragraph 7 below and pursue any and all
554 actions and remedies as it deems necessary, including, but not limited to breach of
557 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
558 retains all right, title, and interest in and to the Trademark and all its Intellectual
559 Property Rights in the Software, the Documentation and the Specifications. Licensee
560 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
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562 Documentation and Specifications are being licensed and not sold under this Agreement, and
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566 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
567 maintenance or support, bug fixes or error corrections to the Licensed Software,
568 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
569 development tools to Licensee.
571 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
572 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
573 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
574 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
577 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
578 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
579 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
580 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
581 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
582 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
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586 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
587 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
588 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
589 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
590 termination rights as set forth in Section 2.3 above. Upon any termination of this
591 Agreement, Licensee shall cease exercising its license rights under this Agreement,
592 including the right to distribute Products that incorporate the Software or Documentation
593 or that implement the Specifications. The rights and obligations contained in Sections 1,
594 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
596 8. General Provisions.
598 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
599 parties hereto and their permitted successors and permitted assigns. InMon will have the
600 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
601 (whether by merger, operation of law or in any other manner) any of its rights or delegate
602 any of its obligations hereunder without the prior written consent of InMon, provided the
603 assignee assumes in writing all of Licensee's obligations hereunder.
605 8.2 Notices. All notices permitted or required under this Agreement shall be in
606 writing and shall be delivered in person or mailed by first class, registered or certified
607 mail, postage prepaid, to the address of the party specified in this Agreement or such
608 other address as either party may specify in writing. Such notice shall be deemed to have
609 been given upon receipt.
611 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
612 excused, unless such waiver or consent shall be in writing and signed by the party claimed
613 to have waived or consented. Any consent or waiver, whether express or implied, shall not
614 constitute a consent or waiver of, or excuse for any separate, different or subsequent
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618 independent contractors, and nothing contained in this Agreement shall be construed to make
619 either party an agent, partner, representative or principal of the other for any purpose.
621 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
622 the laws of the State of California, without giving effect to such state's conflict of laws
623 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
624 legal proceeding with respect to or arising under this Agreement shall be brought in, the
625 United States District Court for the Northern District of California or the state courts
626 of the State of California for the County of San Francisco.
628 8.6 U.S. Government Licenses. The Software and Documentation are considered a
629 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
630 software" and "commercial computer software documentation" as such terms are used in
631 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
632 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
634 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
635 applicable law, then such provision shall be excluded from this Agreement and the balance
636 of this Agreement shall be interpreted as if such provision were so excluded and shall be
637 enforceable in accordance with its terms. The court in its discretion may substitute for
638 the excluded provision an enforceable provision which in economic substance reasonably
639 approximates the excluded provision.
641 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
642 regulations (including privacy laws and regulations) having application to or governing its
643 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
644 and against any claims, damages, losses or obligations suffered or incurred by InMon
645 arising from its failure to so comply.
647 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
648 entire agreement between the parties with respect to the subject matter hereof, and
649 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
650 verbal or written, made between the parties with respect to such subject matter. This
651 Agreement shall control over any additional or conflicting terms in any of Licensee's
652 purchase orders or other business forms. This Agreement may only be amended or modified
653 by mutual agreement of authorized representatives of the parties in writing.
656 580 California Street, 5th Floor, San Francisco, CA 94104
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