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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
e0edde6f 11 Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012 Nicira, Inc.
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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.
f6eb6b20 15 Copyright (c) 2011 Gaetano Catalli
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16
17License:
18
88cd3cc9 19* The following components are licensed under the
35f3a914 20 GNU Lesser General Public License version 2.1 only
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21 with the exception clause below as a pre-amble.
22
23 xenserver/etc_xensource_scripts_vif
24 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
25 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
26 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
27 xenserver/opt_xensource_libexec_interface-reconfigure
28 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
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29
30 * These components are only distributed in the source package.
31 They do not appear in any binary packages.
32
33 On Debian systems, the complete text of the
35f3a914 34 GNU Lesser General Public License version 2.1 can be found in
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35 `/usr/share/common-licenses/LGPL-2.1'
36
37 The exception clause pre-amble reads:
38
39 As a special exception to the GNU Lesser General Public License, you
40 may link, statically or dynamically, a "work that uses the Library"
41 with a publicly distributed version of the Library to produce an
42 executable file containing portions of the Library, and distribute
43 that executable file under terms of your choice, without any of the
44 additional requirements listed in clause 6 of the GNU Lesser General
45 Public License. By "a publicly distributed version of the Library",
46 we mean either the unmodified Library as distributed, or a
47 modified version of the Library that is distributed under the
48 conditions defined in clause 3 of the GNU Library General Public
49 License. This exception does not however invalidate any other reasons
50 why the executable file might be covered by the GNU Lesser General
51 Public License.
52
1095d099 53* The following components are licensed under the
35f3a914 54 GNU Lesser General Public License version 2.1.
88cd3cc9 55
b2df0225 56 utilities/bugtool/ovs-bugtool
b74aec2f 57 utilities/bugtool/ovs-bugtool-*
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58 utilities/bugtool/plugins/kernel-info/openvswitch.xml
59 utilities/bugtool/plugins/network-status/openvswitch.xml
60 utilities/bugtool/plugins/system-configuration.xml
61 utilities/bugtool/plugins/system-configuration/openvswitch.xml
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62
63 On Debian systems, the complete text of the
35f3a914 64 GNU Lesser General Public License version 2.1 can be found in
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65 `/usr/share/common-licenses/LGPL-2.1'
66
35f3a914 67* The following component is licensed under the GNU General Public License
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68 version 2.
69
70 datapath/
71
35f3a914 72 On Debian systems, the complete text of the GNU General Public License
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73 version 2 can be found in `/usr/share/common-licenses/GPL-2'
74
75* The following components are dual-licensed under the
35f3a914 76 GNU General Public License version 2 and the Apache License Version 2.0.
62471e59 77
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78 include/linux/openvswitch.h
79 include/openvswitch/brcompat-netlink.h
80 include/openvswitch/datapath-compat.h
81 include/openvswitch/tunnel.h
62471e59 82
35f3a914 83 On Debian systems, the complete text of the GNU General Public License
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84 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
85 On Debian systems, the complete text of the Apache License version 2.0
86 can be found in '/usr/share/common-licenses/Apache-2.0'.
87
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88* The following components are licensed under the terms of either the
89 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
90
91 lib/sflow.h
92 lib/sflow_agent.c
93 lib/sflow_api.h
94 lib/sflow_poller.c
95 lib/sflow_receiver.c
96 lib/sflow_sampler.c
97
98 These licenses are available, respectively, the following URLs:
99
100 http://host-sflow.sourceforge.net/sissl.html
101 http://www.inmon.com/technology/sflowlicense.txt
102
103 The full text of each license is also appended to the end of this
104 file.
105
35f3a914 106* The following components are licensed under the
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107 Python Software Foundation License Version 2.
108
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109 python/compat/uuid.py
110 python/compat/argparse.py
88cd3cc9 111
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112 * These components are only distributed in the source package.
113 They do not appear in any binary packages.
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114
115 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
116 --------------------------------------------
117
118 1. This LICENSE AGREEMENT is between the Python Software Foundation
119 ("PSF"), and the Individual or Organization ("Licensee") accessing and
120 otherwise using this software ("Python") in source or binary form and
121 its associated documentation.
122
123 2. Subject to the terms and conditions of this License Agreement, PSF
124 hereby grants Licensee a nonexclusive, royalty-free, world-wide
125 license to reproduce, analyze, test, perform and/or display publicly,
126 prepare derivative works, distribute, and otherwise use Python
127 alone or in any derivative version, provided, however, that PSF's
128 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
129 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
130 All Rights Reserved" are retained in Python alone or in any derivative
131 version prepared by Licensee.
132
133 3. In the event Licensee prepares a derivative work that is based on
134 or incorporates Python or any part thereof, and wants to make
135 the derivative work available to others as provided herein, then
136 Licensee hereby agrees to include in any such work a brief summary of
137 the changes made to Python.
138
139 4. PSF is making Python available to Licensee on an "AS IS"
140 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
141 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
142 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
143 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
144 INFRINGE ANY THIRD PARTY RIGHTS.
145
146 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
147 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
148 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
149 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
150
151 6. This License Agreement will automatically terminate upon a material
152 breach of its terms and conditions.
153
154 7. Nothing in this License Agreement shall be deemed to create any
155 relationship of agency, partnership, or joint venture between PSF and
156 Licensee. This License Agreement does not grant permission to use PSF
157 trademarks or trade name in a trademark sense to endorse or promote
158 products or services of Licensee, or any third party.
159
160 8. By copying, installing or otherwise using Python, Licensee
161 agrees to be bound by the terms and conditions of this License
162 Agreement.
163
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164* lib/ovs.tmac in the source distribution, and manpages in the
165 binaries, includes troff macros from groff 1.21 that contain the
166 following notice:
167
168 .\" an-ext.tmac
169 .\"
170 .\" Written by Eric S. Raymond <esr@thyrsus.com>
171 .\" Werner Lemberg <wl@gnu.org>
172 .\"
173 .\" Version 2007-Feb-02
174 .\"
175 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
176 .\" You may freely use, modify and/or distribute this file.
177
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178* All other components of this package are licensed under
179 The Apache License Version 2.0.
064af421 180
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181 On Debian systems, the complete text of the Apache License version 2.0
182 can be found in '/usr/share/common-licenses/Apache-2.0'.
a14bc59f 183
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184----------------------------------------------------------------------
185
186Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
187
188 Sun Industry Standards Source License - Version 1.1
189
190 1.0 DEFINITIONS
191
192 1.1 "Commercial Use" means distribution or otherwise making the
193 Original Code available to a third party.
194
195 1.2 "Contributor Version" means the combination of the Original Code,
196 and the Modifications made by that particular Contributor.
197
198 1.3 "Electronic Distribution Mechanism" means a mechanism generally
199 accepted in the software development community for the electronic
200 transfer of data.
201
202 1.4 "Executable" means Original Code in any form other than Source
203 Code.
204
205 1.5 "Initial Developer" means the individual or entity identified as
206 the Initial Developer in the Source Code notice required by Exhibit A.
207
208 1.6 "Larger Work" means a work which combines Original Code or portions
209 thereof with code not governed by the terms of this License.
210
211 1.7 "License" means this document.
212
213 1.8 "Licensable" means having the right to grant, to the maximum extent
214 possible, whether at the time of the initial grant or subsequently
215 acquired, any and all of the rights conveyed herein.
216
217 1.9 "Modifications" means any addition to or deletion from the
218 substance or structure of either the Original Code or any previous
219 Modifications. A Modification is:
220
221 A. Any addition to or deletion from the contents of a file containing
222 Original Code or previous Modifications.
223
224 B. Any new file that contains any part of the Original Code or previous
225 Modifications.
226
227 1.10 "Original Code" means Source Code of computer software code which
228 is described in the Source Code notice required by Exhibit A as
229 Original Code.
230
231 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
232 acquired, including without limitation, method, process, and apparatus
233 claims, in any patent Licensable by grantor.
234
235 1.12 "Source Code" means the preferred form of the Original Code for
236 making modifications to it, including all modules it contains, plus any
237 associated interface definition files, or scripts used to control
238 compilation and installation of an Executable.
239
240 1.13 "Standards" means the standards identified in Exhibit B.
241
242 1.14 "You" (or "Your") means an individual or a legal entity exercising
243 rights under, and complying with all of the terms of, this License or a
244 future version of this License issued under Section 6.1. For legal
245 entities, "You'' includes any entity which controls, is controlled by,
246 or is under common control with You. For purposes of this definition,
247 "control'' means (a) the power, direct or indirect, to cause the
248 direction or management of such entity, whether by contract or
249 otherwise, or (b) ownership of more than fifty percent (50%) of the
250 outstanding shares or beneficial ownership of such entity.
251
252 2.0 SOURCE CODE LICENSE
253
254 2.1 The Initial Developer Grant
255 The Initial Developer hereby grants You a world-wide, royalty-free,
256 non-exclusive license, subject to third party intellectual property
257 claims:
258
259 (a) under intellectual property rights (other than patent or trademark)
260 Licensable by Initial Developer to use, reproduce, modify, display,
261 perform, sublicense and distribute the Original Code (or portions
262 thereof) with or without Modifications, and/or as part of a Larger
263 Work; and
264
265 (b) under Patents Claims infringed by the making, using or selling of
266 Original Code, to make, have made, use, practice, sell, and offer for
267 sale, and/or otherwise dispose of the Original Code (or portions
268 thereof).
269
270 (c) the licenses granted in this Section 2.1(a) and (b) are effective
271 on the date Initial Developer first distributes Original Code under the
272 terms of this License.
273
274 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
275 1) for code that You delete from the Original Code; 2) separate from
276 the Original Code; or 3) for infringements caused by: i) the
277 modification of the Original Code or ii) the combination of the
278 Original Code with other software or devices, including but not limited
279 to Modifications.
280 3.0 DISTRIBUTION OBLIGATIONS
281
282 3.1 Application of License.
283 The Source Code version of Original Code may be distributed only under
284 the terms of this License or a future version of this License released
285 under Section 6.1, and You must include a copy of this License with
286 every copy of the Source Code You distribute. You may not offer or
287 impose any terms on any Source Code version that alters or restricts
288 the applicable version of this License or the recipients' rights
289 hereunder. Your license for shipment of the Contributor Version is
290 conditioned upon Your full compliance with this Section. The
291 Modifications which You create must comply with all requirements set
292 out by the Standards body in effect one hundred twenty (120) days
293 before You ship the Contributor Version. In the event that the
294 Modifications do not meet such requirements, You agree to publish
295 either (i) any deviation from the Standards protocol resulting from
296 implementation of Your Modifications and a reference implementation of
297 Your Modifications or (ii) Your Modifications in Source Code form, and
298 to make any such deviation and reference implementation or
299 Modifications available to all third parties under the same terms as
300 this license on a royalty free basis within thirty (30) days of Your
301 first customer shipment of Your Modifications.
302
303 3.2 Required Notices.
304 You must duplicate the notice in Exhibit A in each file of the Source
305 Code. If it is not possible to put such notice in a particular Source
306 Code file due to its structure, then You must include such notice in a
307 location (such as a relevant directory) where a user would be likely to
308 look for such a notice. If You created one or more Modification(s) You
309 may add Your name as a Contributor to the notice described in Exhibit
310 A. You must also duplicate this License in any documentation for the
311 Source Code where You describe recipients' rights or ownership rights
312 relating to Initial Code. You may choose to offer, and to charge a fee
313 for, warranty, support, indemnity or liability obligations to one or
314 more recipients of Your version of the Code. However, You may do so
315 only on Your own behalf, and not on behalf of the Initial Developer.
316 You must make it absolutely clear than any such warranty, support,
317 indemnity or liability obligation is offered by You alone, and You
318 hereby agree to indemnify the Initial Developer for any liability
319 incurred by the Initial Developer as a result of warranty, support,
320 indemnity or liability terms You offer.
321
322 3.3 Distribution of Executable Versions.
323 You may distribute Original Code in Executable and Source form only if
324 the requirements of Sections 3.1 and 3.2 have been met for that
325 Original Code, and if You include a notice stating that the Source Code
326 version of the Original Code is available under the terms of this
327 License. The notice must be conspicuously included in any notice in an
328 Executable or Source versions, related documentation or collateral in
329 which You describe recipients' rights relating to the Original Code.
330 You may distribute the Executable and Source versions of Your version
331 of the Code or ownership rights under a license of Your choice, which
332 may contain terms different from this License, provided that You are in
333 compliance with the terms of this License. If You distribute the
334 Executable and Source versions under a different license You must make
335 it absolutely clear that any terms which differ from this License are
336 offered by You alone, not by the Initial Developer. You hereby agree to
337 indemnify the Initial Developer for any liability incurred by the
338 Initial Developer as a result of any such terms You offer.
339
340 3.4 Larger Works.
341 You may create a Larger Work by combining Original Code with other code
342 not governed by the terms of this License and distribute the Larger
343 Work as a single product. In such a case, You must make sure the
344 requirements of this License are fulfilled for the Original Code.
345
346 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
347
348 If it is impossible for You to comply with any of the terms of this
349 License with respect to some or all of the Original Code due to
350 statute, judicial order, or regulation then You must: (a) comply with
351 the terms of this License to the maximum extent possible; and (b)
352 describe the limitations and the code they affect. Such description
353 must be included in the LEGAL file described in Section 3.2 and must be
354 included with all distributions of the Source Code. Except to the
355 extent prohibited by statute or regulation, such description must be
356 sufficiently detailed for a recipient of ordinary skill to be able to
357 understand it.
358
359 5.0 APPLICATION OF THIS LICENSE
360
361 This License applies to code to which the Initial Developer has
362 attached the notice in Exhibit A and to related Modifications as set
363 out in Section 3.1.
364
365 6.0 VERSIONS OF THE LICENSE
366
367 6.1 New Versions.
368 Sun may publish revised and/or new versions of the License from time to
369 time. Each version will be given a distinguishing version number.
370
371 6.2 Effect of New Versions.
372 Once Original Code has been published under a particular version of the
373 License, You may always continue to use it under the terms of that
374 version. You may also choose to use such Original Code under the terms
375 of any subsequent version of the License published by Sun. No one other
376 than Sun has the right to modify the terms applicable to Original Code.
377
378 7.0 DISCLAIMER OF WARRANTY
379
380 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
381 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
382 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
383 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
384 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
385 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
386 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
387 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
388 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
389 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
390
391 8.0 TERMINATION
392
393 8.1 This License and the rights granted hereunder will terminate
394 automatically if You fail to comply with terms herein and fail to cure
395 such breach within 30 days of becoming aware of the breach. All
396 sublicenses to the Original Code which are properly granted shall
397 survive any termination of this License. Provisions which, by their
398 nature, must remain in effect beyond the termination of this License
399 shall survive.
400
401 8.2 In the event of termination under Section 8.1 above, all end user
402 license agreements (excluding distributors and resellers) which have
403 been validly granted by You or any distributor hereunder prior to
404 termination shall survive termination.
405
406 9.0 LIMIT OF LIABILITY
407
408 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
409 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
410 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
411 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
412 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
413 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
414 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
415 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
416 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
417 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
418 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
419 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
420 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
421 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
422
423 10.0 U.S. GOVERNMENT END USERS
424
425 U.S. Government: If this Software is being acquired by or on behalf of
426 the U.S. Government or by a U.S. Government prime contractor or
427 subcontractor (at any tier), then the Government's rights in the
428 Software and accompanying documentation shall be only as set forth in
429 this license; this is in accordance with 48 C.F.R. 227.7201 through
430 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
431 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
432
433 11.0 MISCELLANEOUS
434
435 This License represents the complete agreement concerning subject
436 matter hereof. If any provision of this License is held to be
437 unenforceable, such provision shall be reformed only to the extent
438 necessary to make it enforceable. This License shall be governed by
439 California law provisions (except to the extent applicable law, if any,
440 provides otherwise), excluding its conflict-of-law provisions. With
441 respect to disputes in which at least one party is a citizen of, or an
442 entity chartered or registered to do business in the United States of
443 America, any litigation relating to this License shall be subject to
444 the jurisdiction of the Federal Courts of the Northern District of
445 California, with venue lying in Santa Clara County, California, with
446 the losing party responsible for costs, including without limitation,
447 court costs and reasonable attorneys' fees and expenses. The
448 application of the United Nations Convention on Contracts for the
449 International Sale of Goods is expressly excluded. Any law or
450 regulation which provides that the language of a contract shall be
451 construed against the drafter shall not apply to this License.
452
453 EXHIBIT A - Sun Standards License
454"The contents of this file are subject to the Sun Standards
455License Version 1.1 (the "License");
456You may not use this file except in compliance with the
457License. You may obtain a copy of the
458License at _______________________________.
459
460Software distributed under the License is distributed on
461an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
462express or implied. See the License for the specific
463language governing rights and limitations under the License.
464
465The Original Code is ______________________________________.
466
467The Initial Developer of the Original Code is:
468InMon Corp.
469
470Portions created by: _______________________________________
471
472are Copyright (C): _______________________________________
473
474All Rights Reserved.
475
476Contributor(s): _______________________________________
477
478 EXHIBIT B - Standards
479
480 The Standard is defined as the following:
481
482 sFlow Specification, located at
483 [1]http://sflow.org/developers/specifications.php
484
485References
486
487 1. http://sflow.org/developers/specifications.php
488
489----------------------------------------------------------------------
490
491Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
492
493LICENSE AGREEMENT
494
495PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
496UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
497("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
498OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
499ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
500BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
501THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
502
5031. Definitions.
504
505"Documentation" means the user manuals, training materials, and operating materials, if any,
506InMon provides to Licensee under this Agreement.
507
508"InMon" means InMon Corporation, its affiliates and subsidiaries.
509
510"Intellectual Property Rights" means any trade secrets, patents, including without
511limitation any patents covering the Software, copyrights, know-how, moral rights and
512similar rights of any type under the laws of any governmental authority, domestic or
513foreign, including all applications and registrations relating to any of the foregoing.
514
515"Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
516or on behalf of Licensee.
517
518"Products" means any and all software applications, computers, routers, or other equipment
519manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
520third party, or otherwise made available by Licensee free of charge.
521
522"Software" means the sFlow(R) software programs, in source or binary code format, that
523Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
524which InMon may provide to Licensee.
525
526"Specifications" means the published specifications provided or otherwise made available by
527InMon at: http://www.sflow.org.
528
529"Trademark" means InMon's "sFlow(R)" trademark.
530
5312. License Grant.
532
5332.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
534Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
535to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
536transferable, sublicensable license, to: (i) use and reproduce the Software, the
537Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
538Specifications in the Products; (iv) install the Software, or software in which the
539Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
540any Products that include the Software, the Documentation, or software in which the
541Specifications have been implemented.
542
5432.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
544termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
545transferable, sublicensable license to use the Trademark on or in connection with the
546Software, the Documentation, the Specifications and any software that implements the
547Specifications.
548
5492.3 Restrictions. Licensee agrees that it will not use the Software in a way
550inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
551exercising its rights under the license granted to it in this Agreement, Licensee will:
552(i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
553and no other mark, to identify the Software, the Documentation, the Specifications and any
554Products that implement the Specifications; (iii) place, in a font or graphic design
555designated by InMon, the phrase "sFlow(R)" on any technical documentation,
556sales/marketing materials, catalogs, or other such materials relating to products it
557manufactures or markets which it has configured to be compatible with the Software or
558otherwise implement the Specifications; (iv) in connection with any Products shipped to or
559sold in other countries that include the Software or any software that implements the
560Specifications, comply with the patent and trademark laws and practice of such other
561country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
562InMon that may appear in or on the Software, the Documentation or the Specifications. In
563the event InMon determines that Licensee is not complying with its obligations under
564clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
565fails to correct such non-compliance within three (3) months, InMon may immediately
566terminate this Agreement as provided under paragraph 7 below and pursue any and all
567actions and remedies as it deems necessary, including, but not limited to breach of
568contract.
569
5703. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
571retains all right, title, and interest in and to the Trademark and all its Intellectual
572Property Rights in the Software, the Documentation and the Specifications. Licensee
573obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
574implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
575Documentation and Specifications are being licensed and not sold under this Agreement, and
576that this Agreement does not transfer title in the Trademark, Software, Documentation or
577Specifications, or any copy thereof, to Licensee.
578
5794. Support. Inmon shall have no obligation under this Agreement to (a) supply
580maintenance or support, bug fixes or error corrections to the Licensed Software,
581(b) supply future versions of the Licensed Software or (c) provide Licensed Software
582development tools to Licensee.
583
5845. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
585STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
586SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
587MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
588PROPERTY RIGHTS.
589
5906. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
591LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
592WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
593DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
594LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
595GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
596PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
597DAMAGES.
598
5997. Term and Termination. The term of this Agreement will begin on the Effective Date,
600which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
601Specifications to Licensee, and shall continue indefinitely unless and until terminated by
602Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
603termination rights as set forth in Section 2.3 above. Upon any termination of this
604Agreement, Licensee shall cease exercising its license rights under this Agreement,
605including the right to distribute Products that incorporate the Software or Documentation
606or that implement the Specifications. The rights and obligations contained in Sections 1,
6073, 5, 6, 7, and 8 shall survive any termination of this Agreement.
608
6098. General Provisions.
610
6118.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
612parties hereto and their permitted successors and permitted assigns. InMon will have the
613right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
614(whether by merger, operation of law or in any other manner) any of its rights or delegate
615any of its obligations hereunder without the prior written consent of InMon, provided the
616assignee assumes in writing all of Licensee's obligations hereunder.
617
6188.2 Notices. All notices permitted or required under this Agreement shall be in
619writing and shall be delivered in person or mailed by first class, registered or certified
620mail, postage prepaid, to the address of the party specified in this Agreement or such
621other address as either party may specify in writing. Such notice shall be deemed to have
622been given upon receipt.
623
6248.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
625excused, unless such waiver or consent shall be in writing and signed by the party claimed
626to have waived or consented. Any consent or waiver, whether express or implied, shall not
627constitute a consent or waiver of, or excuse for any separate, different or subsequent
628breach.
629
6308.4 Independent Contractor. The parties' relationship shall be solely that of
631independent contractors, and nothing contained in this Agreement shall be construed to make
632either party an agent, partner, representative or principal of the other for any purpose.
633
6348.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
635the laws of the State of California, without giving effect to such state's conflict of laws
636principles. The parties hereby submit to the personal jurisdiction of, and agree that any
637legal proceeding with respect to or arising under this Agreement shall be brought in, the
638United States District Court for the Northern District of California or the state courts
639of the State of California for the County of San Francisco.
640
6418.6 U.S. Government Licenses. The Software and Documentation are considered a
642"commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
643software" and "commercial computer software documentation" as such terms are used in
64448 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
64548 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
646
6478.7 Severability. If any provision of this Agreement is held to be unenforceable under
648applicable law, then such provision shall be excluded from this Agreement and the balance
649of this Agreement shall be interpreted as if such provision were so excluded and shall be
650enforceable in accordance with its terms. The court in its discretion may substitute for
651the excluded provision an enforceable provision which in economic substance reasonably
652approximates the excluded provision.
653
6548.8 Compliance With Law. Licensee shall comply with all applicable laws and
655regulations (including privacy laws and regulations) having application to or governing its
656 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
657and against any claims, damages, losses or obligations suffered or incurred by InMon
658arising from its failure to so comply.
659
6608.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
661entire agreement between the parties with respect to the subject matter hereof, and
662supersedes any previous proposals, negotiations, agreements, or arrangements, whether
663verbal or written, made between the parties with respect to such subject matter. This
664Agreement shall control over any additional or conflicting terms in any of Licensee's
665purchase orders or other business forms. This Agreement may only be amended or modified
666by mutual agreement of authorized representatives of the parties in writing.
667
668InMon Corp.
669580 California Street, 5th Floor, San Francisco, CA 94104
670Phone: (415) 283-3260
671URL: www.inmon.com
672Email: info@inmon.com
673