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62471e59 | 1 | The original sources for this package can be found at: |
064af421 | 2 | |
62471e59 | 3 | http://openvswitch.org/ |
064af421 | 4 | |
62471e59 SH |
5 | Upstream Authors (from AUTHORS): |
6 | ||
82e95919 | 7 | %AUTHORS% |
62471e59 SH |
8 | |
9 | Upstream Copyright Holders: | |
10 | ||
51a5f442 | 11 | Copyright (c) 2007, 2008, 2009, 2010, 2011 Nicira Networks. |
62471e59 SH |
12 | Copyright (c) 2010 Jean Tourrilhes - HP-Labs. |
13 | Copyright (c) 2008,2009,2010 Citrix Systems, Inc. | |
14 | and authors listed above. | |
064af421 BP |
15 | |
16 | License: | |
17 | ||
88cd3cc9 | 18 | * The following components are licensed under the |
35f3a914 | 19 | GNU Lesser General Public License version 2.1 only |
88cd3cc9 SH |
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 | |
88cd3cc9 SH |
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 |
88cd3cc9 SH |
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 |
5ea61afe JP |
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 |
b2df0225 BP |
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 | |
88cd3cc9 SH |
64 | |
65 | On Debian systems, the complete text of the | |
35f3a914 | 66 | GNU Lesser General Public License version 2.1 can be found in |
88cd3cc9 SH |
67 | `/usr/share/common-licenses/LGPL-2.1' |
68 | ||
35f3a914 | 69 | * The following component is licensed under the GNU General Public License |
62471e59 SH |
70 | version 2. |
71 | ||
72 | datapath/ | |
73 | ||
35f3a914 | 74 | On Debian systems, the complete text of the GNU General Public License |
62471e59 SH |
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 | |
2330dc6e BP |
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 |
62471e59 SH |
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 | ||
039d283c BP |
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 |
88cd3cc9 SH |
109 | Python Software Foundation License Version 2. |
110 | ||
6c88547d EJ |
111 | python/compat/uuid.py |
112 | python/compat/argparse.py | |
88cd3cc9 | 113 | |
6c88547d EJ |
114 | * These components are only distributed in the source package. |
115 | They do not appear in any binary packages. | |
88cd3cc9 SH |
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 | ||
23edef9e BP |
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 | ||
62471e59 SH |
180 | * All other components of this package are licensed under |
181 | The Apache License Version 2.0. | |
064af421 | 182 | |
62471e59 SH |
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 | |
039d283c BP |
186 | ---------------------------------------------------------------------- |
187 | ||
188 | Retrieved 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 | |
457 | License Version 1.1 (the "License"); | |
458 | You may not use this file except in compliance with the | |
459 | License. You may obtain a copy of the | |
460 | License at _______________________________. | |
461 | ||
462 | Software distributed under the License is distributed on | |
463 | an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either | |
464 | express or implied. See the License for the specific | |
465 | language governing rights and limitations under the License. | |
466 | ||
467 | The Original Code is ______________________________________. | |
468 | ||
469 | The Initial Developer of the Original Code is: | |
470 | InMon Corp. | |
471 | ||
472 | Portions created by: _______________________________________ | |
473 | ||
474 | are Copyright (C): _______________________________________ | |
475 | ||
476 | All Rights Reserved. | |
477 | ||
478 | Contributor(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 | ||
487 | References | |
488 | ||
489 | 1. http://sflow.org/developers/specifications.php | |
490 | ||
491 | ---------------------------------------------------------------------- | |
492 | ||
493 | Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12: | |
494 | ||
495 | LICENSE AGREEMENT | |
496 | ||
497 | PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY | |
498 | UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION | |
499 | ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION | |
500 | OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR | |
501 | ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND | |
502 | BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE | |
503 | THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS. | |
504 | ||
505 | 1. Definitions. | |
506 | ||
507 | "Documentation" means the user manuals, training materials, and operating materials, if any, | |
508 | InMon 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 | |
513 | limitation any patents covering the Software, copyrights, know-how, moral rights and | |
514 | similar rights of any type under the laws of any governmental authority, domestic or | |
515 | foreign, 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 | |
518 | or on behalf of Licensee. | |
519 | ||
520 | "Products" means any and all software applications, computers, routers, or other equipment | |
521 | manufactured by or on behalf of Licensee for the purpose of resale or lease to any other | |
522 | third 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 | |
525 | Licensee licenses from InMon under this Agreement and any bug fixes or error corrections | |
526 | which InMon may provide to Licensee. | |
527 | ||
528 | "Specifications" means the published specifications provided or otherwise made available by | |
529 | InMon at: http://www.sflow.org. | |
530 | ||
531 | "Trademark" means InMon's "sFlow(R)" trademark. | |
532 | ||
533 | 2. License Grant. | |
534 | ||
535 | 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to | |
536 | Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject | |
537 | to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide, | |
538 | transferable, sublicensable license, to: (i) use and reproduce the Software, the | |
539 | Documentation, and the Specifications; (ii) modify the Software; (iii) implement the | |
540 | Specifications in the Products; (iv) install the Software, or software in which the | |
541 | Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute | |
542 | any Products that include the Software, the Documentation, or software in which the | |
543 | Specifications have been implemented. | |
544 | ||
545 | 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's | |
546 | termination rights under Section 7 below), nonexclusive, royalty-free, worldwide, | |
547 | transferable, sublicensable license to use the Trademark on or in connection with the | |
548 | Software, the Documentation, the Specifications and any software that implements the | |
549 | Specifications. | |
550 | ||
551 | 2.3 Restrictions. Licensee agrees that it will not use the Software in a way | |
552 | inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in | |
553 | exercising 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, | |
555 | and no other mark, to identify the Software, the Documentation, the Specifications and any | |
556 | Products that implement the Specifications; (iii) place, in a font or graphic design | |
557 | designated by InMon, the phrase "sFlow(R)" on any technical documentation, | |
558 | sales/marketing materials, catalogs, or other such materials relating to products it | |
559 | manufactures or markets which it has configured to be compatible with the Software or | |
560 | otherwise implement the Specifications; (iv) in connection with any Products shipped to or | |
561 | sold in other countries that include the Software or any software that implements the | |
562 | Specifications, comply with the patent and trademark laws and practice of such other | |
563 | country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of | |
564 | InMon that may appear in or on the Software, the Documentation or the Specifications. In | |
565 | the event InMon determines that Licensee is not complying with its obligations under | |
566 | clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee | |
567 | fails to correct such non-compliance within three (3) months, InMon may immediately | |
568 | terminate this Agreement as provided under paragraph 7 below and pursue any and all | |
569 | actions and remedies as it deems necessary, including, but not limited to breach of | |
570 | contract. | |
571 | ||
572 | 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby | |
573 | retains all right, title, and interest in and to the Trademark and all its Intellectual | |
574 | Property Rights in the Software, the Documentation and the Specifications. Licensee | |
575 | obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by | |
576 | implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software, | |
577 | Documentation and Specifications are being licensed and not sold under this Agreement, and | |
578 | that this Agreement does not transfer title in the Trademark, Software, Documentation or | |
579 | Specifications, or any copy thereof, to Licensee. | |
580 | ||
581 | 4. Support. Inmon shall have no obligation under this Agreement to (a) supply | |
582 | maintenance 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 | |
584 | development tools to Licensee. | |
585 | ||
586 | 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR | |
587 | STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE | |
588 | SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF | |
589 | MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL | |
590 | PROPERTY RIGHTS. | |
591 | ||
592 | 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE | |
593 | LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER, | |
594 | WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE | |
595 | DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR | |
596 | LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE | |
597 | GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER | |
598 | PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH | |
599 | DAMAGES. | |
600 | ||
601 | 7. Term and Termination. The term of this Agreement will begin on the Effective Date, | |
602 | which shall be deemed to be the date of delivery of the Software and/or Documentation and/or | |
603 | Specifications to Licensee, and shall continue indefinitely unless and until terminated by | |
604 | Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's | |
605 | termination rights as set forth in Section 2.3 above. Upon any termination of this | |
606 | Agreement, Licensee shall cease exercising its license rights under this Agreement, | |
607 | including the right to distribute Products that incorporate the Software or Documentation | |
608 | or that implement the Specifications. The rights and obligations contained in Sections 1, | |
609 | 3, 5, 6, 7, and 8 shall survive any termination of this Agreement. | |
610 | ||
611 | 8. General Provisions. | |
612 | ||
613 | 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the | |
614 | parties hereto and their permitted successors and permitted assigns. InMon will have the | |
615 | right 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 | |
617 | any of its obligations hereunder without the prior written consent of InMon, provided the | |
618 | assignee assumes in writing all of Licensee's obligations hereunder. | |
619 | ||
620 | 8.2 Notices. All notices permitted or required under this Agreement shall be in | |
621 | writing and shall be delivered in person or mailed by first class, registered or certified | |
622 | mail, postage prepaid, to the address of the party specified in this Agreement or such | |
623 | other address as either party may specify in writing. Such notice shall be deemed to have | |
624 | been given upon receipt. | |
625 | ||
626 | 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach | |
627 | excused, unless such waiver or consent shall be in writing and signed by the party claimed | |
628 | to have waived or consented. Any consent or waiver, whether express or implied, shall not | |
629 | constitute a consent or waiver of, or excuse for any separate, different or subsequent | |
630 | breach. | |
631 | ||
632 | 8.4 Independent Contractor. The parties' relationship shall be solely that of | |
633 | independent contractors, and nothing contained in this Agreement shall be construed to make | |
634 | either party an agent, partner, representative or principal of the other for any purpose. | |
635 | ||
636 | 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under | |
637 | the laws of the State of California, without giving effect to such state's conflict of laws | |
638 | principles. The parties hereby submit to the personal jurisdiction of, and agree that any | |
639 | legal proceeding with respect to or arising under this Agreement shall be brought in, the | |
640 | United States District Court for the Northern District of California or the state courts | |
641 | of the State of California for the County of San Francisco. | |
642 | ||
643 | 8.6 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 | |
645 | software" and "commercial computer software documentation" as such terms are used in | |
646 | 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and | |
647 | 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors. | |
648 | ||
649 | 8.7 Severability. If any provision of this Agreement is held to be unenforceable under | |
650 | applicable law, then such provision shall be excluded from this Agreement and the balance | |
651 | of this Agreement shall be interpreted as if such provision were so excluded and shall be | |
652 | enforceable in accordance with its terms. The court in its discretion may substitute for | |
653 | the excluded provision an enforceable provision which in economic substance reasonably | |
654 | approximates the excluded provision. | |
655 | ||
656 | 8.8 Compliance With Law. Licensee shall comply with all applicable laws and | |
657 | regulations (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 | |
659 | and against any claims, damages, losses or obligations suffered or incurred by InMon | |
660 | arising from its failure to so comply. | |
661 | ||
662 | 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and | |
663 | entire agreement between the parties with respect to the subject matter hereof, and | |
664 | supersedes any previous proposals, negotiations, agreements, or arrangements, whether | |
665 | verbal or written, made between the parties with respect to such subject matter. This | |
666 | Agreement shall control over any additional or conflicting terms in any of Licensee's | |
667 | purchase orders or other business forms. This Agreement may only be amended or modified | |
668 | by mutual agreement of authorized representatives of the parties in writing. | |
669 | ||
670 | InMon Corp. | |
671 | 580 California Street, 5th Floor, San Francisco, CA 94104 | |
672 | Phone: (415) 283-3260 | |
673 | URL: www.inmon.com | |
674 | Email: info@inmon.com | |
675 |