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
93 * The following files are licensed under the 3-clause BSD-license
95 include/windows/netinet/icmp6.h
96 include/windows/netinet/ip6.h
99 * The following components are dual-licensed under the
100 GNU General Public License version 2 and the Apache License Version 2.0.
102 datapath/linux/compat/include/linux/openvswitch.h
104 On Debian systems, the complete text of the GNU General Public License
105 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
106 On Debian systems, the complete text of the Apache License version 2.0
107 can be found in '/usr/share/common-licenses/Apache-2.0'.
109 * The following components are licensed under the terms of either the
110 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
119 These licenses are available, respectively, the following URLs:
121 http://host-sflow.sourceforge.net/sissl.html
122 http://www.inmon.com/technology/sflowlicense.txt
124 The full text of each license is also appended to the end of this
127 * The following components are licensed for use as desired without restriction:
131 * The following components are licensed under the
132 Python Software Foundation License Version 2.
134 python/compat/uuid.py
135 python/compat/argparse.py
137 * These components are only distributed in the source package.
138 They do not appear in any binary packages.
140 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
141 --------------------------------------------
143 1. This LICENSE AGREEMENT is between the Python Software Foundation
144 ("PSF"), and the Individual or Organization ("Licensee") accessing and
145 otherwise using this software ("Python") in source or binary form and
146 its associated documentation.
148 2. Subject to the terms and conditions of this License Agreement, PSF
149 hereby grants Licensee a nonexclusive, royalty-free, world-wide
150 license to reproduce, analyze, test, perform and/or display publicly,
151 prepare derivative works, distribute, and otherwise use Python
152 alone or in any derivative version, provided, however, that PSF's
153 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
154 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
155 All Rights Reserved" are retained in Python alone or in any derivative
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158 3. In the event Licensee prepares a derivative work that is based on
159 or incorporates Python or any part thereof, and wants to make
160 the derivative work available to others as provided herein, then
161 Licensee hereby agrees to include in any such work a brief summary of
162 the changes made to Python.
164 4. PSF is making Python available to Licensee on an "AS IS"
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166 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
167 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
168 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
169 INFRINGE ANY THIRD PARTY RIGHTS.
171 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
172 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
173 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
174 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
176 6. This License Agreement will automatically terminate upon a material
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179 7. Nothing in this License Agreement shall be deemed to create any
180 relationship of agency, partnership, or joint venture between PSF and
181 Licensee. This License Agreement does not grant permission to use PSF
182 trademarks or trade name in a trademark sense to endorse or promote
183 products or services of Licensee, or any third party.
185 8. By copying, installing or otherwise using Python, Licensee
186 agrees to be bound by the terms and conditions of this License
189 * lib/ovs.tmac in the source distribution, and manpages in the
190 binaries, includes troff macros from groff 1.21 that contain the
195 .\" Written by Eric S. Raymond <esr@thyrsus.com>
196 .\" Werner Lemberg <wl@gnu.org>
198 .\" Version 2007-Feb-02
200 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
201 .\" You may freely use, modify and/or distribute this file.
203 * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
204 Paul Eggert and Derek Price bear the following notices:
206 Copyright (C) 2006-2013 Free Software Foundation, Inc.
207 This file is free software; the Free Software Foundation
208 gives unlimited permission to copy and/or distribute it,
209 with or without modifications, as long as this notice is preserved.
211 * The following files are licensed under the ISC-license
213 lib/lldp/aa-structs.h
216 lib/lldp/lldpd-structs.c
217 lib/lldp/lldpd-structs.h
220 lib/lldp/lldp-const.h
222 * All other components of this package are licensed under
223 The Apache License Version 2.0.
225 On Debian systems, the complete text of the Apache License version 2.0
226 can be found in '/usr/share/common-licenses/Apache-2.0'.
228 ----------------------------------------------------------------------
230 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
232 Sun Industry Standards Source License - Version 1.1
236 1.1 "Commercial Use" means distribution or otherwise making the
237 Original Code available to a third party.
239 1.2 "Contributor Version" means the combination of the Original Code,
240 and the Modifications made by that particular Contributor.
242 1.3 "Electronic Distribution Mechanism" means a mechanism generally
243 accepted in the software development community for the electronic
246 1.4 "Executable" means Original Code in any form other than Source
249 1.5 "Initial Developer" means the individual or entity identified as
250 the Initial Developer in the Source Code notice required by Exhibit A.
252 1.6 "Larger Work" means a work which combines Original Code or portions
253 thereof with code not governed by the terms of this License.
255 1.7 "License" means this document.
257 1.8 "Licensable" means having the right to grant, to the maximum extent
258 possible, whether at the time of the initial grant or subsequently
259 acquired, any and all of the rights conveyed herein.
261 1.9 "Modifications" means any addition to or deletion from the
262 substance or structure of either the Original Code or any previous
263 Modifications. A Modification is:
265 A. Any addition to or deletion from the contents of a file containing
266 Original Code or previous Modifications.
268 B. Any new file that contains any part of the Original Code or previous
271 1.10 "Original Code" means Source Code of computer software code which
272 is described in the Source Code notice required by Exhibit A as
275 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
276 acquired, including without limitation, method, process, and apparatus
277 claims, in any patent Licensable by grantor.
279 1.12 "Source Code" means the preferred form of the Original Code for
280 making modifications to it, including all modules it contains, plus any
281 associated interface definition files, or scripts used to control
282 compilation and installation of an Executable.
284 1.13 "Standards" means the standards identified in Exhibit B.
286 1.14 "You" (or "Your") means an individual or a legal entity exercising
287 rights under, and complying with all of the terms of, this License or a
288 future version of this License issued under Section 6.1. For legal
289 entities, "You'' includes any entity which controls, is controlled by,
290 or is under common control with You. For purposes of this definition,
291 "control'' means (a) the power, direct or indirect, to cause the
292 direction or management of such entity, whether by contract or
293 otherwise, or (b) ownership of more than fifty percent (50%) of the
294 outstanding shares or beneficial ownership of such entity.
296 2.0 SOURCE CODE LICENSE
298 2.1 The Initial Developer Grant
299 The Initial Developer hereby grants You a world-wide, royalty-free,
300 non-exclusive license, subject to third party intellectual property
303 (a) under intellectual property rights (other than patent or trademark)
304 Licensable by Initial Developer to use, reproduce, modify, display,
305 perform, sublicense and distribute the Original Code (or portions
306 thereof) with or without Modifications, and/or as part of a Larger
309 (b) under Patents Claims infringed by the making, using or selling of
310 Original Code, to make, have made, use, practice, sell, and offer for
311 sale, and/or otherwise dispose of the Original Code (or portions
314 (c) the licenses granted in this Section 2.1(a) and (b) are effective
315 on the date Initial Developer first distributes Original Code under the
316 terms of this License.
318 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
319 1) for code that You delete from the Original Code; 2) separate from
320 the Original Code; or 3) for infringements caused by: i) the
321 modification of the Original Code or ii) the combination of the
322 Original Code with other software or devices, including but not limited
324 3.0 DISTRIBUTION OBLIGATIONS
326 3.1 Application of License.
327 The Source Code version of Original Code may be distributed only under
328 the terms of this License or a future version of this License released
329 under Section 6.1, and You must include a copy of this License with
330 every copy of the Source Code You distribute. You may not offer or
331 impose any terms on any Source Code version that alters or restricts
332 the applicable version of this License or the recipients' rights
333 hereunder. Your license for shipment of the Contributor Version is
334 conditioned upon Your full compliance with this Section. The
335 Modifications which You create must comply with all requirements set
336 out by the Standards body in effect one hundred twenty (120) days
337 before You ship the Contributor Version. In the event that the
338 Modifications do not meet such requirements, You agree to publish
339 either (i) any deviation from the Standards protocol resulting from
340 implementation of Your Modifications and a reference implementation of
341 Your Modifications or (ii) Your Modifications in Source Code form, and
342 to make any such deviation and reference implementation or
343 Modifications available to all third parties under the same terms as
344 this license on a royalty free basis within thirty (30) days of Your
345 first customer shipment of Your Modifications.
347 3.2 Required Notices.
348 You must duplicate the notice in Exhibit A in each file of the Source
349 Code. If it is not possible to put such notice in a particular Source
350 Code file due to its structure, then You must include such notice in a
351 location (such as a relevant directory) where a user would be likely to
352 look for such a notice. If You created one or more Modification(s) You
353 may add Your name as a Contributor to the notice described in Exhibit
354 A. You must also duplicate this License in any documentation for the
355 Source Code where You describe recipients' rights or ownership rights
356 relating to Initial Code. You may choose to offer, and to charge a fee
357 for, warranty, support, indemnity or liability obligations to one or
358 more recipients of Your version of the Code. However, You may do so
359 only on Your own behalf, and not on behalf of the Initial Developer.
360 You must make it absolutely clear than any such warranty, support,
361 indemnity or liability obligation is offered by You alone, and You
362 hereby agree to indemnify the Initial Developer for any liability
363 incurred by the Initial Developer as a result of warranty, support,
364 indemnity or liability terms You offer.
366 3.3 Distribution of Executable Versions.
367 You may distribute Original Code in Executable and Source form only if
368 the requirements of Sections 3.1 and 3.2 have been met for that
369 Original Code, and if You include a notice stating that the Source Code
370 version of the Original Code is available under the terms of this
371 License. The notice must be conspicuously included in any notice in an
372 Executable or Source versions, related documentation or collateral in
373 which You describe recipients' rights relating to the Original Code.
374 You may distribute the Executable and Source versions of Your version
375 of the Code or ownership rights under a license of Your choice, which
376 may contain terms different from this License, provided that You are in
377 compliance with the terms of this License. If You distribute the
378 Executable and Source versions under a different license You must make
379 it absolutely clear that any terms which differ from this License are
380 offered by You alone, not by the Initial Developer. You hereby agree to
381 indemnify the Initial Developer for any liability incurred by the
382 Initial Developer as a result of any such terms You offer.
385 You may create a Larger Work by combining Original Code with other code
386 not governed by the terms of this License and distribute the Larger
387 Work as a single product. In such a case, You must make sure the
388 requirements of this License are fulfilled for the Original Code.
390 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
392 If it is impossible for You to comply with any of the terms of this
393 License with respect to some or all of the Original Code due to
394 statute, judicial order, or regulation then You must: (a) comply with
395 the terms of this License to the maximum extent possible; and (b)
396 describe the limitations and the code they affect. Such description
397 must be included in the LEGAL file described in Section 3.2 and must be
398 included with all distributions of the Source Code. Except to the
399 extent prohibited by statute or regulation, such description must be
400 sufficiently detailed for a recipient of ordinary skill to be able to
403 5.0 APPLICATION OF THIS LICENSE
405 This License applies to code to which the Initial Developer has
406 attached the notice in Exhibit A and to related Modifications as set
409 6.0 VERSIONS OF THE LICENSE
412 Sun may publish revised and/or new versions of the License from time to
413 time. Each version will be given a distinguishing version number.
415 6.2 Effect of New Versions.
416 Once Original Code has been published under a particular version of the
417 License, You may always continue to use it under the terms of that
418 version. You may also choose to use such Original Code under the terms
419 of any subsequent version of the License published by Sun. No one other
420 than Sun has the right to modify the terms applicable to Original Code.
422 7.0 DISCLAIMER OF WARRANTY
424 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
425 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
426 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
427 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
428 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
429 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
430 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
431 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
432 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
433 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
437 8.1 This License and the rights granted hereunder will terminate
438 automatically if You fail to comply with terms herein and fail to cure
439 such breach within 30 days of becoming aware of the breach. All
440 sublicenses to the Original Code which are properly granted shall
441 survive any termination of this License. Provisions which, by their
442 nature, must remain in effect beyond the termination of this License
445 8.2 In the event of termination under Section 8.1 above, all end user
446 license agreements (excluding distributors and resellers) which have
447 been validly granted by You or any distributor hereunder prior to
448 termination shall survive termination.
450 9.0 LIMIT OF LIABILITY
452 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
453 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
454 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
455 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
456 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
457 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
458 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
459 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
460 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
461 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
462 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
463 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
464 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
465 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
467 10.0 U.S. GOVERNMENT END USERS
469 U.S. Government: If this Software is being acquired by or on behalf of
470 the U.S. Government or by a U.S. Government prime contractor or
471 subcontractor (at any tier), then the Government's rights in the
472 Software and accompanying documentation shall be only as set forth in
473 this license; this is in accordance with 48 C.F.R. 227.7201 through
474 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
475 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
479 This License represents the complete agreement concerning subject
480 matter hereof. If any provision of this License is held to be
481 unenforceable, such provision shall be reformed only to the extent
482 necessary to make it enforceable. This License shall be governed by
483 California law provisions (except to the extent applicable law, if any,
484 provides otherwise), excluding its conflict-of-law provisions. With
485 respect to disputes in which at least one party is a citizen of, or an
486 entity chartered or registered to do business in the United States of
487 America, any litigation relating to this License shall be subject to
488 the jurisdiction of the Federal Courts of the Northern District of
489 California, with venue lying in Santa Clara County, California, with
490 the losing party responsible for costs, including without limitation,
491 court costs and reasonable attorneys' fees and expenses. The
492 application of the United Nations Convention on Contracts for the
493 International Sale of Goods is expressly excluded. Any law or
494 regulation which provides that the language of a contract shall be
495 construed against the drafter shall not apply to this License.
497 EXHIBIT A - Sun Standards License
498 "The contents of this file are subject to the Sun Standards
499 License Version 1.1 (the "License");
500 You may not use this file except in compliance with the
501 License. You may obtain a copy of the
502 License at _______________________________.
504 Software distributed under the License is distributed on
505 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
506 express or implied. See the License for the specific
507 language governing rights and limitations under the License.
509 The Original Code is ______________________________________.
511 The Initial Developer of the Original Code is:
514 Portions created by: _______________________________________
516 are Copyright (C): _______________________________________
520 Contributor(s): _______________________________________
522 EXHIBIT B - Standards
524 The Standard is defined as the following:
526 sFlow Specification, located at
527 [1]http://sflow.org/developers/specifications.php
531 1. http://sflow.org/developers/specifications.php
533 ----------------------------------------------------------------------
535 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
539 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
540 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
541 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
542 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
543 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
544 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
545 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
549 "Documentation" means the user manuals, training materials, and operating materials, if any,
550 InMon provides to Licensee under this Agreement.
552 "InMon" means InMon Corporation, its affiliates and subsidiaries.
554 "Intellectual Property Rights" means any trade secrets, patents, including without
555 limitation any patents covering the Software, copyrights, know-how, moral rights and
556 similar rights of any type under the laws of any governmental authority, domestic or
557 foreign, including all applications and registrations relating to any of the foregoing.
559 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
560 or on behalf of Licensee.
562 "Products" means any and all software applications, computers, routers, or other equipment
563 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
564 third party, or otherwise made available by Licensee free of charge.
566 "Software" means the sFlow(R) software programs, in source or binary code format, that
567 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
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570 "Specifications" means the published specifications provided or otherwise made available by
571 InMon at: http://www.sflow.org.
573 "Trademark" means InMon's "sFlow(R)" trademark.
577 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
578 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
579 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
580 transferable, sublicensable license, to: (i) use and reproduce the Software, the
581 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
582 Specifications in the Products; (iv) install the Software, or software in which the
583 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
584 any Products that include the Software, the Documentation, or software in which the
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587 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
588 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
589 transferable, sublicensable license to use the Trademark on or in connection with the
590 Software, the Documentation, the Specifications and any software that implements the
593 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
594 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
595 exercising its rights under the license granted to it in this Agreement, Licensee will:
596 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
597 and no other mark, to identify the Software, the Documentation, the Specifications and any
598 Products that implement the Specifications; (iii) place, in a font or graphic design
599 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
600 sales/marketing materials, catalogs, or other such materials relating to products it
601 manufactures or markets which it has configured to be compatible with the Software or
602 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
603 sold in other countries that include the Software or any software that implements the
604 Specifications, comply with the patent and trademark laws and practice of such other
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607 the event InMon determines that Licensee is not complying with its obligations under
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609 fails to correct such non-compliance within three (3) months, InMon may immediately
610 terminate this Agreement as provided under paragraph 7 below and pursue any and all
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614 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
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623 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
624 maintenance or support, bug fixes or error corrections to the Licensed Software,
625 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
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628 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
629 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
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653 8. General Provisions.
655 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
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666 been given upon receipt.
668 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
669 excused, unless such waiver or consent shall be in writing and signed by the party claimed
670 to have waived or consented. Any consent or waiver, whether express or implied, shall not
671 constitute a consent or waiver of, or excuse for any separate, different or subsequent
674 8.4 Independent Contractor. The parties' relationship shall be solely that of
675 independent contractors, and nothing contained in this Agreement shall be construed to make
676 either party an agent, partner, representative or principal of the other for any purpose.
678 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
679 the laws of the State of California, without giving effect to such state's conflict of laws
680 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
681 legal proceeding with respect to or arising under this Agreement shall be brought in, the
682 United States District Court for the Northern District of California or the state courts
683 of the State of California for the County of San Francisco.
685 8.6 U.S. Government Licenses. The Software and Documentation are considered a
686 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
687 software" and "commercial computer software documentation" as such terms are used in
688 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
689 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
691 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
692 applicable law, then such provision shall be excluded from this Agreement and the balance
693 of this Agreement shall be interpreted as if such provision were so excluded and shall be
694 enforceable in accordance with its terms. The court in its discretion may substitute for
695 the excluded provision an enforceable provision which in economic substance reasonably
696 approximates the excluded provision.
698 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
699 regulations (including privacy laws and regulations) having application to or governing its
700 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
701 and against any claims, damages, losses or obligations suffered or incurred by InMon
702 arising from its failure to so comply.
704 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
705 entire agreement between the parties with respect to the subject matter hereof, and
706 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
707 verbal or written, made between the parties with respect to such subject matter. This
708 Agreement shall control over any additional or conflicting terms in any of Licensee's
709 purchase orders or other business forms. This Agreement may only be amended or modified
710 by mutual agreement of authorized representatives of the parties in writing.
713 580 California Street, 5th Floor, San Francisco, CA 94104
714 Phone: (415) 283-3260
716 Email: info@inmon.com