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62471e59 1The original sources for this package can be found at:
064af421 2
62471e59 3 http://openvswitch.org/
064af421 4
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5Upstream Authors (from AUTHORS):
6
82e95919 7%AUTHORS%
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8
9Upstream Copyright Holders:
10
51a5f442 11 Copyright (c) 2007, 2008, 2009, 2010, 2011 Nicira Networks.
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12 Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
13 Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
14 and authors listed above.
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15
16License:
17
88cd3cc9 18* The following components are licensed under the
35f3a914 19 GNU Lesser General Public License version 2.1 only
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20 with the exception clause below as a pre-amble.
21
22 xenserver/etc_xensource_scripts_vif
23 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
24 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
25 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
26 xenserver/opt_xensource_libexec_interface-reconfigure
27 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
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28
29 * These components are only distributed in the source package.
30 They do not appear in any binary packages.
31
32 On Debian systems, the complete text of the
35f3a914 33 GNU Lesser General Public License version 2.1 can be found in
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34 `/usr/share/common-licenses/LGPL-2.1'
35
36 The exception clause pre-amble reads:
37
38 As a special exception to the GNU Lesser General Public License, you
39 may link, statically or dynamically, a "work that uses the Library"
40 with a publicly distributed version of the Library to produce an
41 executable file containing portions of the Library, and distribute
42 that executable file under terms of your choice, without any of the
43 additional requirements listed in clause 6 of the GNU Lesser General
44 Public License. By "a publicly distributed version of the Library",
45 we mean either the unmodified Library as distributed, or a
46 modified version of the Library that is distributed under the
47 conditions defined in clause 3 of the GNU Library General Public
48 License. This exception does not however invalidate any other reasons
49 why the executable file might be covered by the GNU Lesser General
50 Public License.
51
1095d099 52* The following components are licensed under the
35f3a914 53 GNU Lesser General Public License version 2.1.
88cd3cc9 54
b2df0225 55 utilities/bugtool/ovs-bugtool
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56 utilities/bugtool/ovs-bugtool-cfm-show
57 utilities/bugtool/ovs-bugtool-lacp-show
b2df0225 58 utilities/bugtool/ovs-bugtool-tc-class-show
a2af1e9d 59 utilities/bugtool/ovs-bugtool-daemons-ver
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60 utilities/bugtool/plugins/kernel-info/openvswitch.xml
61 utilities/bugtool/plugins/network-status/openvswitch.xml
62 utilities/bugtool/plugins/system-configuration.xml
63 utilities/bugtool/plugins/system-configuration/openvswitch.xml
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64
65 On Debian systems, the complete text of the
35f3a914 66 GNU Lesser General Public License version 2.1 can be found in
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67 `/usr/share/common-licenses/LGPL-2.1'
68
35f3a914 69* The following component is licensed under the GNU General Public License
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70 version 2.
71
72 datapath/
73
35f3a914 74 On Debian systems, the complete text of the GNU General Public License
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75 version 2 can be found in `/usr/share/common-licenses/GPL-2'
76
77* The following components are dual-licensed under the
35f3a914 78 GNU General Public License version 2 and the Apache License Version 2.0.
62471e59 79
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80 include/linux/openvswitch.h
81 include/openvswitch/brcompat-netlink.h
82 include/openvswitch/datapath-compat.h
83 include/openvswitch/tunnel.h
62471e59 84
35f3a914 85 On Debian systems, the complete text of the GNU General Public License
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86 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
87 On Debian systems, the complete text of the Apache License version 2.0
88 can be found in '/usr/share/common-licenses/Apache-2.0'.
89
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90* The following components are licensed under the terms of either the
91 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
92
93 lib/sflow.h
94 lib/sflow_agent.c
95 lib/sflow_api.h
96 lib/sflow_poller.c
97 lib/sflow_receiver.c
98 lib/sflow_sampler.c
99
100 These licenses are available, respectively, the following URLs:
101
102 http://host-sflow.sourceforge.net/sissl.html
103 http://www.inmon.com/technology/sflowlicense.txt
104
105 The full text of each license is also appended to the end of this
106 file.
107
35f3a914 108* The following components are licensed under the
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109 Python Software Foundation License Version 2.
110
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111 python/compat/uuid.py
112 python/compat/argparse.py
88cd3cc9 113
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114 * These components are only distributed in the source package.
115 They do not appear in any binary packages.
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116
117 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
118 --------------------------------------------
119
120 1. This LICENSE AGREEMENT is between the Python Software Foundation
121 ("PSF"), and the Individual or Organization ("Licensee") accessing and
122 otherwise using this software ("Python") in source or binary form and
123 its associated documentation.
124
125 2. Subject to the terms and conditions of this License Agreement, PSF
126 hereby grants Licensee a nonexclusive, royalty-free, world-wide
127 license to reproduce, analyze, test, perform and/or display publicly,
128 prepare derivative works, distribute, and otherwise use Python
129 alone or in any derivative version, provided, however, that PSF's
130 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
131 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
132 All Rights Reserved" are retained in Python alone or in any derivative
133 version prepared by Licensee.
134
135 3. In the event Licensee prepares a derivative work that is based on
136 or incorporates Python or any part thereof, and wants to make
137 the derivative work available to others as provided herein, then
138 Licensee hereby agrees to include in any such work a brief summary of
139 the changes made to Python.
140
141 4. PSF is making Python available to Licensee on an "AS IS"
142 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
143 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
144 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
145 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
146 INFRINGE ANY THIRD PARTY RIGHTS.
147
148 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
149 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
150 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
151 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
152
153 6. This License Agreement will automatically terminate upon a material
154 breach of its terms and conditions.
155
156 7. Nothing in this License Agreement shall be deemed to create any
157 relationship of agency, partnership, or joint venture between PSF and
158 Licensee. This License Agreement does not grant permission to use PSF
159 trademarks or trade name in a trademark sense to endorse or promote
160 products or services of Licensee, or any third party.
161
162 8. By copying, installing or otherwise using Python, Licensee
163 agrees to be bound by the terms and conditions of this License
164 Agreement.
165
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166* lib/ovs.tmac in the source distribution, and manpages in the
167 binaries, includes troff macros from groff 1.21 that contain the
168 following notice:
169
170 .\" an-ext.tmac
171 .\"
172 .\" Written by Eric S. Raymond <esr@thyrsus.com>
173 .\" Werner Lemberg <wl@gnu.org>
174 .\"
175 .\" Version 2007-Feb-02
176 .\"
177 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
178 .\" You may freely use, modify and/or distribute this file.
179
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180* All other components of this package are licensed under
181 The Apache License Version 2.0.
064af421 182
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183 On Debian systems, the complete text of the Apache License version 2.0
184 can be found in '/usr/share/common-licenses/Apache-2.0'.
a14bc59f 185
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186----------------------------------------------------------------------
187
188Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
189
190 Sun Industry Standards Source License - Version 1.1
191
192 1.0 DEFINITIONS
193
194 1.1 "Commercial Use" means distribution or otherwise making the
195 Original Code available to a third party.
196
197 1.2 "Contributor Version" means the combination of the Original Code,
198 and the Modifications made by that particular Contributor.
199
200 1.3 "Electronic Distribution Mechanism" means a mechanism generally
201 accepted in the software development community for the electronic
202 transfer of data.
203
204 1.4 "Executable" means Original Code in any form other than Source
205 Code.
206
207 1.5 "Initial Developer" means the individual or entity identified as
208 the Initial Developer in the Source Code notice required by Exhibit A.
209
210 1.6 "Larger Work" means a work which combines Original Code or portions
211 thereof with code not governed by the terms of this License.
212
213 1.7 "License" means this document.
214
215 1.8 "Licensable" means having the right to grant, to the maximum extent
216 possible, whether at the time of the initial grant or subsequently
217 acquired, any and all of the rights conveyed herein.
218
219 1.9 "Modifications" means any addition to or deletion from the
220 substance or structure of either the Original Code or any previous
221 Modifications. A Modification is:
222
223 A. Any addition to or deletion from the contents of a file containing
224 Original Code or previous Modifications.
225
226 B. Any new file that contains any part of the Original Code or previous
227 Modifications.
228
229 1.10 "Original Code" means Source Code of computer software code which
230 is described in the Source Code notice required by Exhibit A as
231 Original Code.
232
233 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
234 acquired, including without limitation, method, process, and apparatus
235 claims, in any patent Licensable by grantor.
236
237 1.12 "Source Code" means the preferred form of the Original Code for
238 making modifications to it, including all modules it contains, plus any
239 associated interface definition files, or scripts used to control
240 compilation and installation of an Executable.
241
242 1.13 "Standards" means the standards identified in Exhibit B.
243
244 1.14 "You" (or "Your") means an individual or a legal entity exercising
245 rights under, and complying with all of the terms of, this License or a
246 future version of this License issued under Section 6.1. For legal
247 entities, "You'' includes any entity which controls, is controlled by,
248 or is under common control with You. For purposes of this definition,
249 "control'' means (a) the power, direct or indirect, to cause the
250 direction or management of such entity, whether by contract or
251 otherwise, or (b) ownership of more than fifty percent (50%) of the
252 outstanding shares or beneficial ownership of such entity.
253
254 2.0 SOURCE CODE LICENSE
255
256 2.1 The Initial Developer Grant
257 The Initial Developer hereby grants You a world-wide, royalty-free,
258 non-exclusive license, subject to third party intellectual property
259 claims:
260
261 (a) under intellectual property rights (other than patent or trademark)
262 Licensable by Initial Developer to use, reproduce, modify, display,
263 perform, sublicense and distribute the Original Code (or portions
264 thereof) with or without Modifications, and/or as part of a Larger
265 Work; and
266
267 (b) under Patents Claims infringed by the making, using or selling of
268 Original Code, to make, have made, use, practice, sell, and offer for
269 sale, and/or otherwise dispose of the Original Code (or portions
270 thereof).
271
272 (c) the licenses granted in this Section 2.1(a) and (b) are effective
273 on the date Initial Developer first distributes Original Code under the
274 terms of this License.
275
276 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
277 1) for code that You delete from the Original Code; 2) separate from
278 the Original Code; or 3) for infringements caused by: i) the
279 modification of the Original Code or ii) the combination of the
280 Original Code with other software or devices, including but not limited
281 to Modifications.
282 3.0 DISTRIBUTION OBLIGATIONS
283
284 3.1 Application of License.
285 The Source Code version of Original Code may be distributed only under
286 the terms of this License or a future version of this License released
287 under Section 6.1, and You must include a copy of this License with
288 every copy of the Source Code You distribute. You may not offer or
289 impose any terms on any Source Code version that alters or restricts
290 the applicable version of this License or the recipients' rights
291 hereunder. Your license for shipment of the Contributor Version is
292 conditioned upon Your full compliance with this Section. The
293 Modifications which You create must comply with all requirements set
294 out by the Standards body in effect one hundred twenty (120) days
295 before You ship the Contributor Version. In the event that the
296 Modifications do not meet such requirements, You agree to publish
297 either (i) any deviation from the Standards protocol resulting from
298 implementation of Your Modifications and a reference implementation of
299 Your Modifications or (ii) Your Modifications in Source Code form, and
300 to make any such deviation and reference implementation or
301 Modifications available to all third parties under the same terms as
302 this license on a royalty free basis within thirty (30) days of Your
303 first customer shipment of Your Modifications.
304
305 3.2 Required Notices.
306 You must duplicate the notice in Exhibit A in each file of the Source
307 Code. If it is not possible to put such notice in a particular Source
308 Code file due to its structure, then You must include such notice in a
309 location (such as a relevant directory) where a user would be likely to
310 look for such a notice. If You created one or more Modification(s) You
311 may add Your name as a Contributor to the notice described in Exhibit
312 A. You must also duplicate this License in any documentation for the
313 Source Code where You describe recipients' rights or ownership rights
314 relating to Initial Code. You may choose to offer, and to charge a fee
315 for, warranty, support, indemnity or liability obligations to one or
316 more recipients of Your version of the Code. However, You may do so
317 only on Your own behalf, and not on behalf of the Initial Developer.
318 You must make it absolutely clear than any such warranty, support,
319 indemnity or liability obligation is offered by You alone, and You
320 hereby agree to indemnify the Initial Developer for any liability
321 incurred by the Initial Developer as a result of warranty, support,
322 indemnity or liability terms You offer.
323
324 3.3 Distribution of Executable Versions.
325 You may distribute Original Code in Executable and Source form only if
326 the requirements of Sections 3.1 and 3.2 have been met for that
327 Original Code, and if You include a notice stating that the Source Code
328 version of the Original Code is available under the terms of this
329 License. The notice must be conspicuously included in any notice in an
330 Executable or Source versions, related documentation or collateral in
331 which You describe recipients' rights relating to the Original Code.
332 You may distribute the Executable and Source versions of Your version
333 of the Code or ownership rights under a license of Your choice, which
334 may contain terms different from this License, provided that You are in
335 compliance with the terms of this License. If You distribute the
336 Executable and Source versions under a different license You must make
337 it absolutely clear that any terms which differ from this License are
338 offered by You alone, not by the Initial Developer. You hereby agree to
339 indemnify the Initial Developer for any liability incurred by the
340 Initial Developer as a result of any such terms You offer.
341
342 3.4 Larger Works.
343 You may create a Larger Work by combining Original Code with other code
344 not governed by the terms of this License and distribute the Larger
345 Work as a single product. In such a case, You must make sure the
346 requirements of this License are fulfilled for the Original Code.
347
348 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
349
350 If it is impossible for You to comply with any of the terms of this
351 License with respect to some or all of the Original Code due to
352 statute, judicial order, or regulation then You must: (a) comply with
353 the terms of this License to the maximum extent possible; and (b)
354 describe the limitations and the code they affect. Such description
355 must be included in the LEGAL file described in Section 3.2 and must be
356 included with all distributions of the Source Code. Except to the
357 extent prohibited by statute or regulation, such description must be
358 sufficiently detailed for a recipient of ordinary skill to be able to
359 understand it.
360
361 5.0 APPLICATION OF THIS LICENSE
362
363 This License applies to code to which the Initial Developer has
364 attached the notice in Exhibit A and to related Modifications as set
365 out in Section 3.1.
366
367 6.0 VERSIONS OF THE LICENSE
368
369 6.1 New Versions.
370 Sun may publish revised and/or new versions of the License from time to
371 time. Each version will be given a distinguishing version number.
372
373 6.2 Effect of New Versions.
374 Once Original Code has been published under a particular version of the
375 License, You may always continue to use it under the terms of that
376 version. You may also choose to use such Original Code under the terms
377 of any subsequent version of the License published by Sun. No one other
378 than Sun has the right to modify the terms applicable to Original Code.
379
380 7.0 DISCLAIMER OF WARRANTY
381
382 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
383 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
384 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
385 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
386 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
387 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
388 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
389 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
390 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
391 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
392
393 8.0 TERMINATION
394
395 8.1 This License and the rights granted hereunder will terminate
396 automatically if You fail to comply with terms herein and fail to cure
397 such breach within 30 days of becoming aware of the breach. All
398 sublicenses to the Original Code which are properly granted shall
399 survive any termination of this License. Provisions which, by their
400 nature, must remain in effect beyond the termination of this License
401 shall survive.
402
403 8.2 In the event of termination under Section 8.1 above, all end user
404 license agreements (excluding distributors and resellers) which have
405 been validly granted by You or any distributor hereunder prior to
406 termination shall survive termination.
407
408 9.0 LIMIT OF LIABILITY
409
410 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
411 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
412 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
413 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
414 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
415 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
416 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
417 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
418 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
419 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
420 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
421 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
422 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
423 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
424
425 10.0 U.S. GOVERNMENT END USERS
426
427 U.S. Government: If this Software is being acquired by or on behalf of
428 the U.S. Government or by a U.S. Government prime contractor or
429 subcontractor (at any tier), then the Government's rights in the
430 Software and accompanying documentation shall be only as set forth in
431 this license; this is in accordance with 48 C.F.R. 227.7201 through
432 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
433 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
434
435 11.0 MISCELLANEOUS
436
437 This License represents the complete agreement concerning subject
438 matter hereof. If any provision of this License is held to be
439 unenforceable, such provision shall be reformed only to the extent
440 necessary to make it enforceable. This License shall be governed by
441 California law provisions (except to the extent applicable law, if any,
442 provides otherwise), excluding its conflict-of-law provisions. With
443 respect to disputes in which at least one party is a citizen of, or an
444 entity chartered or registered to do business in the United States of
445 America, any litigation relating to this License shall be subject to
446 the jurisdiction of the Federal Courts of the Northern District of
447 California, with venue lying in Santa Clara County, California, with
448 the losing party responsible for costs, including without limitation,
449 court costs and reasonable attorneys' fees and expenses. The
450 application of the United Nations Convention on Contracts for the
451 International Sale of Goods is expressly excluded. Any law or
452 regulation which provides that the language of a contract shall be
453 construed against the drafter shall not apply to this License.
454
455 EXHIBIT A - Sun Standards License
456"The contents of this file are subject to the Sun Standards
457License Version 1.1 (the "License");
458You may not use this file except in compliance with the
459License. You may obtain a copy of the
460License at _______________________________.
461
462Software distributed under the License is distributed on
463an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
464express or implied. See the License for the specific
465language governing rights and limitations under the License.
466
467The Original Code is ______________________________________.
468
469The Initial Developer of the Original Code is:
470InMon Corp.
471
472Portions created by: _______________________________________
473
474are Copyright (C): _______________________________________
475
476All Rights Reserved.
477
478Contributor(s): _______________________________________
479
480 EXHIBIT B - Standards
481
482 The Standard is defined as the following:
483
484 sFlow Specification, located at
485 [1]http://sflow.org/developers/specifications.php
486
487References
488
489 1. http://sflow.org/developers/specifications.php
490
491----------------------------------------------------------------------
492
493Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
494
495LICENSE AGREEMENT
496
497PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
498UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
499("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
500OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
501ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
502BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
503THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
504
5051. Definitions.
506
507"Documentation" means the user manuals, training materials, and operating materials, if any,
508InMon provides to Licensee under this Agreement.
509
510"InMon" means InMon Corporation, its affiliates and subsidiaries.
511
512"Intellectual Property Rights" means any trade secrets, patents, including without
513limitation any patents covering the Software, copyrights, know-how, moral rights and
514similar rights of any type under the laws of any governmental authority, domestic or
515foreign, including all applications and registrations relating to any of the foregoing.
516
517"Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
518or on behalf of Licensee.
519
520"Products" means any and all software applications, computers, routers, or other equipment
521manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
522third party, or otherwise made available by Licensee free of charge.
523
524"Software" means the sFlow(R) software programs, in source or binary code format, that
525Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
526which InMon may provide to Licensee.
527
528"Specifications" means the published specifications provided or otherwise made available by
529InMon at: http://www.sflow.org.
530
531"Trademark" means InMon's "sFlow(R)" trademark.
532
5332. License Grant.
534
5352.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
536Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
537to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
538transferable, sublicensable license, to: (i) use and reproduce the Software, the
539Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
540Specifications in the Products; (iv) install the Software, or software in which the
541Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
542any Products that include the Software, the Documentation, or software in which the
543Specifications have been implemented.
544
5452.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
546termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
547transferable, sublicensable license to use the Trademark on or in connection with the
548Software, the Documentation, the Specifications and any software that implements the
549Specifications.
550
5512.3 Restrictions. Licensee agrees that it will not use the Software in a way
552inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
553exercising its rights under the license granted to it in this Agreement, Licensee will:
554(i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
555and no other mark, to identify the Software, the Documentation, the Specifications and any
556Products that implement the Specifications; (iii) place, in a font or graphic design
557designated by InMon, the phrase "sFlow(R)" on any technical documentation,
558sales/marketing materials, catalogs, or other such materials relating to products it
559manufactures or markets which it has configured to be compatible with the Software or
560otherwise implement the Specifications; (iv) in connection with any Products shipped to or
561sold in other countries that include the Software or any software that implements the
562Specifications, comply with the patent and trademark laws and practice of such other
563country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
564InMon that may appear in or on the Software, the Documentation or the Specifications. In
565the event InMon determines that Licensee is not complying with its obligations under
566clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
567fails to correct such non-compliance within three (3) months, InMon may immediately
568terminate this Agreement as provided under paragraph 7 below and pursue any and all
569actions and remedies as it deems necessary, including, but not limited to breach of
570contract.
571
5723. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
573retains all right, title, and interest in and to the Trademark and all its Intellectual
574Property Rights in the Software, the Documentation and the Specifications. Licensee
575obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
576implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
577Documentation and Specifications are being licensed and not sold under this Agreement, and
578that this Agreement does not transfer title in the Trademark, Software, Documentation or
579Specifications, or any copy thereof, to Licensee.
580
5814. Support. Inmon shall have no obligation under this Agreement to (a) supply
582maintenance or support, bug fixes or error corrections to the Licensed Software,
583(b) supply future versions of the Licensed Software or (c) provide Licensed Software
584development tools to Licensee.
585
5865. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
587STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
588SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
589MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
590PROPERTY RIGHTS.
591
5926. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
593LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
594WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
595DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
596LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
597GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
598PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
599DAMAGES.
600
6017. Term and Termination. The term of this Agreement will begin on the Effective Date,
602which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
603Specifications to Licensee, and shall continue indefinitely unless and until terminated by
604Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
605termination rights as set forth in Section 2.3 above. Upon any termination of this
606Agreement, Licensee shall cease exercising its license rights under this Agreement,
607including the right to distribute Products that incorporate the Software or Documentation
608or that implement the Specifications. The rights and obligations contained in Sections 1,
6093, 5, 6, 7, and 8 shall survive any termination of this Agreement.
610
6118. General Provisions.
612
6138.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
614parties hereto and their permitted successors and permitted assigns. InMon will have the
615right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
616(whether by merger, operation of law or in any other manner) any of its rights or delegate
617any of its obligations hereunder without the prior written consent of InMon, provided the
618assignee assumes in writing all of Licensee's obligations hereunder.
619
6208.2 Notices. All notices permitted or required under this Agreement shall be in
621writing and shall be delivered in person or mailed by first class, registered or certified
622mail, postage prepaid, to the address of the party specified in this Agreement or such
623other address as either party may specify in writing. Such notice shall be deemed to have
624been given upon receipt.
625
6268.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
627excused, unless such waiver or consent shall be in writing and signed by the party claimed
628to have waived or consented. Any consent or waiver, whether express or implied, shall not
629constitute a consent or waiver of, or excuse for any separate, different or subsequent
630breach.
631
6328.4 Independent Contractor. The parties' relationship shall be solely that of
633independent contractors, and nothing contained in this Agreement shall be construed to make
634either party an agent, partner, representative or principal of the other for any purpose.
635
6368.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
637the laws of the State of California, without giving effect to such state's conflict of laws
638principles. The parties hereby submit to the personal jurisdiction of, and agree that any
639legal proceeding with respect to or arising under this Agreement shall be brought in, the
640United States District Court for the Northern District of California or the state courts
641of the State of California for the County of San Francisco.
642
6438.6 U.S. Government Licenses. The Software and Documentation are considered a
644"commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
645software" and "commercial computer software documentation" as such terms are used in
64648 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
64748 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
648
6498.7 Severability. If any provision of this Agreement is held to be unenforceable under
650applicable law, then such provision shall be excluded from this Agreement and the balance
651of this Agreement shall be interpreted as if such provision were so excluded and shall be
652enforceable in accordance with its terms. The court in its discretion may substitute for
653the excluded provision an enforceable provision which in economic substance reasonably
654approximates the excluded provision.
655
6568.8 Compliance With Law. Licensee shall comply with all applicable laws and
657regulations (including privacy laws and regulations) having application to or governing its
658 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
659and against any claims, damages, losses or obligations suffered or incurred by InMon
660arising from its failure to so comply.
661
6628.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
663entire agreement between the parties with respect to the subject matter hereof, and
664supersedes any previous proposals, negotiations, agreements, or arrangements, whether
665verbal or written, made between the parties with respect to such subject matter. This
666Agreement shall control over any additional or conflicting terms in any of Licensee's
667purchase orders or other business forms. This Agreement may only be amended or modified
668by mutual agreement of authorized representatives of the parties in writing.
669
670InMon Corp.
671580 California Street, 5th Floor, San Francisco, CA 94104
672Phone: (415) 283-3260
673URL: www.inmon.com
674Email: info@inmon.com
675