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Increase prerequisite from Python 2.4 to Python 2.7.
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1 The original sources for this package can be found at:
2
3 http://openvswitch.org/
4
5 Upstream Authors (from AUTHORS):
6
7 %AUTHORS%
8
9 Upstream Copyright Holders:
10
11 Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012, 2013 Nicira, Inc.
12 Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
13 Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
14 and authors listed above.
15 Copyright (c) 2011 Gaetano Catalli
16 Copyright (C) 2000-2003 Geoffrey Wossum (gwossum@acm.org)
17 Copyright (C) 2000 The NetBSD Foundation, Inc.
18 Copyright (C) 1995, 1996, 1997, and 1998 WIDE Project.
19 Copyright (c) 1982, 1986, 1990, 1993 The Regents of the University of California.
20 Copyright (c) 2008, 2012 Vincent Bernat <bernat@luffy.cx>
21 Copyright (c) 2014 Michael Chapman
22 Copyright (c) 2014 WindRiver, Inc.
23 Copyright (c) 2014 Avaya, Inc.
24
25 License:
26
27 * The following components are licensed under the
28 GNU Lesser General Public License version 2.1 only
29 with the exception clause below as a pre-amble.
30
31 xenserver/etc_xensource_scripts_vif
32 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
33 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
34 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
35 xenserver/opt_xensource_libexec_interface-reconfigure
36 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
37
38 * These components are only distributed in the source package.
39 They do not appear in any binary packages.
40
41 On Debian systems, the complete text of the
42 GNU Lesser General Public License version 2.1 can be found in
43 `/usr/share/common-licenses/LGPL-2.1'
44
45 The exception clause pre-amble reads:
46
47 As a special exception to the GNU Lesser General Public License, you
48 may link, statically or dynamically, a "work that uses the Library"
49 with a publicly distributed version of the Library to produce an
50 executable file containing portions of the Library, and distribute
51 that executable file under terms of your choice, without any of the
52 additional requirements listed in clause 6 of the GNU Lesser General
53 Public License. By "a publicly distributed version of the Library",
54 we mean either the unmodified Library as distributed, or a
55 modified version of the Library that is distributed under the
56 conditions defined in clause 3 of the GNU Library General Public
57 License. This exception does not however invalidate any other reasons
58 why the executable file might be covered by the GNU Lesser General
59 Public License.
60
61 * The following components are licensed under the
62 GNU Lesser General Public License version 2.1.
63
64 utilities/bugtool/ovs-bugtool
65 utilities/bugtool/ovs-bugtool-*
66 utilities/bugtool/plugins/kernel-info/openvswitch.xml
67 utilities/bugtool/plugins/network-status/openvswitch.xml
68 utilities/bugtool/plugins/system-configuration.xml
69 utilities/bugtool/plugins/system-configuration/openvswitch.xml
70
71 On Debian systems, the complete text of the
72 GNU Lesser General Public License version 2.1 can be found in
73 `/usr/share/common-licenses/LGPL-2.1'
74
75 * The following component is licensed under the GNU General Public License
76 version 2.
77
78 datapath/
79
80 On Debian systems, the complete text of the GNU General Public License
81 version 2 can be found in `/usr/share/common-licenses/GPL-2'
82
83 * The following file is licensed under the GNU General Public License
84 version 2.
85
86 build-aux/cccl
87
88 * The following files are licensed under the 2-clause BSD license.
89
90 lib/getopt_long.c
91 include/windows/getopt.h
92
93 * The following files are licensed under the 3-clause BSD-license
94
95 include/windows/netinet/icmp6.h
96 include/windows/netinet/ip6.h
97 lib/strsep.c
98
99 * The following components are dual-licensed under the
100 GNU General Public License version 2 and the Apache License Version 2.0.
101
102 datapath/linux/compat/include/linux/openvswitch.h
103
104 On Debian systems, the complete text of the GNU General Public License
105 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
106 On Debian systems, the complete text of the Apache License version 2.0
107 can be found in '/usr/share/common-licenses/Apache-2.0'.
108
109 * The following components are licensed under the terms of either the
110 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
111
112 lib/sflow.h
113 lib/sflow_agent.c
114 lib/sflow_api.h
115 lib/sflow_poller.c
116 lib/sflow_receiver.c
117 lib/sflow_sampler.c
118
119 These licenses are available, respectively, the following URLs:
120
121 http://host-sflow.sourceforge.net/sissl.html
122 http://www.inmon.com/technology/sflowlicense.txt
123
124 The full text of each license is also appended to the end of this
125 file.
126
127 * The following components are licensed for use as desired without restriction:
128
129 lib/crc32c.c
130
131 * lib/ovs.tmac in the source distribution, and manpages in the
132 binaries, includes troff macros from groff 1.21 that contain the
133 following notice:
134
135 .\" an-ext.tmac
136 .\"
137 .\" Written by Eric S. Raymond <esr@thyrsus.com>
138 .\" Werner Lemberg <wl@gnu.org>
139 .\"
140 .\" Version 2007-Feb-02
141 .\"
142 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
143 .\" You may freely use, modify and/or distribute this file.
144
145 * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
146 Paul Eggert and Derek Price bear the following notices:
147
148 Copyright (C) 2006-2013 Free Software Foundation, Inc.
149 This file is free software; the Free Software Foundation
150 gives unlimited permission to copy and/or distribute it,
151 with or without modifications, as long as this notice is preserved.
152
153 * The following files are licensed under the ISC-license
154
155 lib/lldp/aa-structs.h
156 lib/lldp/lldpd.c
157 lib/lldp/lldpd.h
158 lib/lldp/lldpd-structs.c
159 lib/lldp/lldpd-structs.h
160 lib/lldp/lldp.c
161 lib/lldp/lldp-tlv.h
162 lib/lldp/lldp-const.h
163
164 * All other components of this package are licensed under
165 The Apache License Version 2.0.
166
167 On Debian systems, the complete text of the Apache License version 2.0
168 can be found in '/usr/share/common-licenses/Apache-2.0'.
169
170 ----------------------------------------------------------------------
171
172 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
173
174 Sun Industry Standards Source License - Version 1.1
175
176 1.0 DEFINITIONS
177
178 1.1 "Commercial Use" means distribution or otherwise making the
179 Original Code available to a third party.
180
181 1.2 "Contributor Version" means the combination of the Original Code,
182 and the Modifications made by that particular Contributor.
183
184 1.3 "Electronic Distribution Mechanism" means a mechanism generally
185 accepted in the software development community for the electronic
186 transfer of data.
187
188 1.4 "Executable" means Original Code in any form other than Source
189 Code.
190
191 1.5 "Initial Developer" means the individual or entity identified as
192 the Initial Developer in the Source Code notice required by Exhibit A.
193
194 1.6 "Larger Work" means a work which combines Original Code or portions
195 thereof with code not governed by the terms of this License.
196
197 1.7 "License" means this document.
198
199 1.8 "Licensable" means having the right to grant, to the maximum extent
200 possible, whether at the time of the initial grant or subsequently
201 acquired, any and all of the rights conveyed herein.
202
203 1.9 "Modifications" means any addition to or deletion from the
204 substance or structure of either the Original Code or any previous
205 Modifications. A Modification is:
206
207 A. Any addition to or deletion from the contents of a file containing
208 Original Code or previous Modifications.
209
210 B. Any new file that contains any part of the Original Code or previous
211 Modifications.
212
213 1.10 "Original Code" means Source Code of computer software code which
214 is described in the Source Code notice required by Exhibit A as
215 Original Code.
216
217 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
218 acquired, including without limitation, method, process, and apparatus
219 claims, in any patent Licensable by grantor.
220
221 1.12 "Source Code" means the preferred form of the Original Code for
222 making modifications to it, including all modules it contains, plus any
223 associated interface definition files, or scripts used to control
224 compilation and installation of an Executable.
225
226 1.13 "Standards" means the standards identified in Exhibit B.
227
228 1.14 "You" (or "Your") means an individual or a legal entity exercising
229 rights under, and complying with all of the terms of, this License or a
230 future version of this License issued under Section 6.1. For legal
231 entities, "You'' includes any entity which controls, is controlled by,
232 or is under common control with You. For purposes of this definition,
233 "control'' means (a) the power, direct or indirect, to cause the
234 direction or management of such entity, whether by contract or
235 otherwise, or (b) ownership of more than fifty percent (50%) of the
236 outstanding shares or beneficial ownership of such entity.
237
238 2.0 SOURCE CODE LICENSE
239
240 2.1 The Initial Developer Grant
241 The Initial Developer hereby grants You a world-wide, royalty-free,
242 non-exclusive license, subject to third party intellectual property
243 claims:
244
245 (a) under intellectual property rights (other than patent or trademark)
246 Licensable by Initial Developer to use, reproduce, modify, display,
247 perform, sublicense and distribute the Original Code (or portions
248 thereof) with or without Modifications, and/or as part of a Larger
249 Work; and
250
251 (b) under Patents Claims infringed by the making, using or selling of
252 Original Code, to make, have made, use, practice, sell, and offer for
253 sale, and/or otherwise dispose of the Original Code (or portions
254 thereof).
255
256 (c) the licenses granted in this Section 2.1(a) and (b) are effective
257 on the date Initial Developer first distributes Original Code under the
258 terms of this License.
259
260 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
261 1) for code that You delete from the Original Code; 2) separate from
262 the Original Code; or 3) for infringements caused by: i) the
263 modification of the Original Code or ii) the combination of the
264 Original Code with other software or devices, including but not limited
265 to Modifications.
266 3.0 DISTRIBUTION OBLIGATIONS
267
268 3.1 Application of License.
269 The Source Code version of Original Code may be distributed only under
270 the terms of this License or a future version of this License released
271 under Section 6.1, and You must include a copy of this License with
272 every copy of the Source Code You distribute. You may not offer or
273 impose any terms on any Source Code version that alters or restricts
274 the applicable version of this License or the recipients' rights
275 hereunder. Your license for shipment of the Contributor Version is
276 conditioned upon Your full compliance with this Section. The
277 Modifications which You create must comply with all requirements set
278 out by the Standards body in effect one hundred twenty (120) days
279 before You ship the Contributor Version. In the event that the
280 Modifications do not meet such requirements, You agree to publish
281 either (i) any deviation from the Standards protocol resulting from
282 implementation of Your Modifications and a reference implementation of
283 Your Modifications or (ii) Your Modifications in Source Code form, and
284 to make any such deviation and reference implementation or
285 Modifications available to all third parties under the same terms as
286 this license on a royalty free basis within thirty (30) days of Your
287 first customer shipment of Your Modifications.
288
289 3.2 Required Notices.
290 You must duplicate the notice in Exhibit A in each file of the Source
291 Code. If it is not possible to put such notice in a particular Source
292 Code file due to its structure, then You must include such notice in a
293 location (such as a relevant directory) where a user would be likely to
294 look for such a notice. If You created one or more Modification(s) You
295 may add Your name as a Contributor to the notice described in Exhibit
296 A. You must also duplicate this License in any documentation for the
297 Source Code where You describe recipients' rights or ownership rights
298 relating to Initial Code. You may choose to offer, and to charge a fee
299 for, warranty, support, indemnity or liability obligations to one or
300 more recipients of Your version of the Code. However, You may do so
301 only on Your own behalf, and not on behalf of the Initial Developer.
302 You must make it absolutely clear than any such warranty, support,
303 indemnity or liability obligation is offered by You alone, and You
304 hereby agree to indemnify the Initial Developer for any liability
305 incurred by the Initial Developer as a result of warranty, support,
306 indemnity or liability terms You offer.
307
308 3.3 Distribution of Executable Versions.
309 You may distribute Original Code in Executable and Source form only if
310 the requirements of Sections 3.1 and 3.2 have been met for that
311 Original Code, and if You include a notice stating that the Source Code
312 version of the Original Code is available under the terms of this
313 License. The notice must be conspicuously included in any notice in an
314 Executable or Source versions, related documentation or collateral in
315 which You describe recipients' rights relating to the Original Code.
316 You may distribute the Executable and Source versions of Your version
317 of the Code or ownership rights under a license of Your choice, which
318 may contain terms different from this License, provided that You are in
319 compliance with the terms of this License. If You distribute the
320 Executable and Source versions under a different license You must make
321 it absolutely clear that any terms which differ from this License are
322 offered by You alone, not by the Initial Developer. You hereby agree to
323 indemnify the Initial Developer for any liability incurred by the
324 Initial Developer as a result of any such terms You offer.
325
326 3.4 Larger Works.
327 You may create a Larger Work by combining Original Code with other code
328 not governed by the terms of this License and distribute the Larger
329 Work as a single product. In such a case, You must make sure the
330 requirements of this License are fulfilled for the Original Code.
331
332 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
333
334 If it is impossible for You to comply with any of the terms of this
335 License with respect to some or all of the Original Code due to
336 statute, judicial order, or regulation then You must: (a) comply with
337 the terms of this License to the maximum extent possible; and (b)
338 describe the limitations and the code they affect. Such description
339 must be included in the LEGAL file described in Section 3.2 and must be
340 included with all distributions of the Source Code. Except to the
341 extent prohibited by statute or regulation, such description must be
342 sufficiently detailed for a recipient of ordinary skill to be able to
343 understand it.
344
345 5.0 APPLICATION OF THIS LICENSE
346
347 This License applies to code to which the Initial Developer has
348 attached the notice in Exhibit A and to related Modifications as set
349 out in Section 3.1.
350
351 6.0 VERSIONS OF THE LICENSE
352
353 6.1 New Versions.
354 Sun may publish revised and/or new versions of the License from time to
355 time. Each version will be given a distinguishing version number.
356
357 6.2 Effect of New Versions.
358 Once Original Code has been published under a particular version of the
359 License, You may always continue to use it under the terms of that
360 version. You may also choose to use such Original Code under the terms
361 of any subsequent version of the License published by Sun. No one other
362 than Sun has the right to modify the terms applicable to Original Code.
363
364 7.0 DISCLAIMER OF WARRANTY
365
366 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
367 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
368 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
369 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
370 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
371 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
372 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
373 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
374 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
375 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
376
377 8.0 TERMINATION
378
379 8.1 This License and the rights granted hereunder will terminate
380 automatically if You fail to comply with terms herein and fail to cure
381 such breach within 30 days of becoming aware of the breach. All
382 sublicenses to the Original Code which are properly granted shall
383 survive any termination of this License. Provisions which, by their
384 nature, must remain in effect beyond the termination of this License
385 shall survive.
386
387 8.2 In the event of termination under Section 8.1 above, all end user
388 license agreements (excluding distributors and resellers) which have
389 been validly granted by You or any distributor hereunder prior to
390 termination shall survive termination.
391
392 9.0 LIMIT OF LIABILITY
393
394 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
395 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
396 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
397 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
398 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
399 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
400 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
401 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
402 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
403 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
404 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
405 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
406 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
407 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
408
409 10.0 U.S. GOVERNMENT END USERS
410
411 U.S. Government: If this Software is being acquired by or on behalf of
412 the U.S. Government or by a U.S. Government prime contractor or
413 subcontractor (at any tier), then the Government's rights in the
414 Software and accompanying documentation shall be only as set forth in
415 this license; this is in accordance with 48 C.F.R. 227.7201 through
416 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
417 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
418
419 11.0 MISCELLANEOUS
420
421 This License represents the complete agreement concerning subject
422 matter hereof. If any provision of this License is held to be
423 unenforceable, such provision shall be reformed only to the extent
424 necessary to make it enforceable. This License shall be governed by
425 California law provisions (except to the extent applicable law, if any,
426 provides otherwise), excluding its conflict-of-law provisions. With
427 respect to disputes in which at least one party is a citizen of, or an
428 entity chartered or registered to do business in the United States of
429 America, any litigation relating to this License shall be subject to
430 the jurisdiction of the Federal Courts of the Northern District of
431 California, with venue lying in Santa Clara County, California, with
432 the losing party responsible for costs, including without limitation,
433 court costs and reasonable attorneys' fees and expenses. The
434 application of the United Nations Convention on Contracts for the
435 International Sale of Goods is expressly excluded. Any law or
436 regulation which provides that the language of a contract shall be
437 construed against the drafter shall not apply to this License.
438
439 EXHIBIT A - Sun Standards License
440 "The contents of this file are subject to the Sun Standards
441 License Version 1.1 (the "License");
442 You may not use this file except in compliance with the
443 License. You may obtain a copy of the
444 License at _______________________________.
445
446 Software distributed under the License is distributed on
447 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
448 express or implied. See the License for the specific
449 language governing rights and limitations under the License.
450
451 The Original Code is ______________________________________.
452
453 The Initial Developer of the Original Code is:
454 InMon Corp.
455
456 Portions created by: _______________________________________
457
458 are Copyright (C): _______________________________________
459
460 All Rights Reserved.
461
462 Contributor(s): _______________________________________
463
464 EXHIBIT B - Standards
465
466 The Standard is defined as the following:
467
468 sFlow Specification, located at
469 [1]http://sflow.org/developers/specifications.php
470
471 References
472
473 1. http://sflow.org/developers/specifications.php
474
475 ----------------------------------------------------------------------
476
477 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
478
479 LICENSE AGREEMENT
480
481 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
482 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
483 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
484 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
485 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
486 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
487 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
488
489 1. Definitions.
490
491 "Documentation" means the user manuals, training materials, and operating materials, if any,
492 InMon provides to Licensee under this Agreement.
493
494 "InMon" means InMon Corporation, its affiliates and subsidiaries.
495
496 "Intellectual Property Rights" means any trade secrets, patents, including without
497 limitation any patents covering the Software, copyrights, know-how, moral rights and
498 similar rights of any type under the laws of any governmental authority, domestic or
499 foreign, including all applications and registrations relating to any of the foregoing.
500
501 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
502 or on behalf of Licensee.
503
504 "Products" means any and all software applications, computers, routers, or other equipment
505 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
506 third party, or otherwise made available by Licensee free of charge.
507
508 "Software" means the sFlow(R) software programs, in source or binary code format, that
509 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
510 which InMon may provide to Licensee.
511
512 "Specifications" means the published specifications provided or otherwise made available by
513 InMon at: http://www.sflow.org.
514
515 "Trademark" means InMon's "sFlow(R)" trademark.
516
517 2. License Grant.
518
519 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
520 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
521 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
522 transferable, sublicensable license, to: (i) use and reproduce the Software, the
523 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
524 Specifications in the Products; (iv) install the Software, or software in which the
525 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
526 any Products that include the Software, the Documentation, or software in which the
527 Specifications have been implemented.
528
529 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
530 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
531 transferable, sublicensable license to use the Trademark on or in connection with the
532 Software, the Documentation, the Specifications and any software that implements the
533 Specifications.
534
535 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
536 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
537 exercising its rights under the license granted to it in this Agreement, Licensee will:
538 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
539 and no other mark, to identify the Software, the Documentation, the Specifications and any
540 Products that implement the Specifications; (iii) place, in a font or graphic design
541 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
542 sales/marketing materials, catalogs, or other such materials relating to products it
543 manufactures or markets which it has configured to be compatible with the Software or
544 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
545 sold in other countries that include the Software or any software that implements the
546 Specifications, comply with the patent and trademark laws and practice of such other
547 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
548 InMon that may appear in or on the Software, the Documentation or the Specifications. In
549 the event InMon determines that Licensee is not complying with its obligations under
550 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
551 fails to correct such non-compliance within three (3) months, InMon may immediately
552 terminate this Agreement as provided under paragraph 7 below and pursue any and all
553 actions and remedies as it deems necessary, including, but not limited to breach of
554 contract.
555
556 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
557 retains all right, title, and interest in and to the Trademark and all its Intellectual
558 Property Rights in the Software, the Documentation and the Specifications. Licensee
559 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
560 implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
561 Documentation and Specifications are being licensed and not sold under this Agreement, and
562 that this Agreement does not transfer title in the Trademark, Software, Documentation or
563 Specifications, or any copy thereof, to Licensee.
564
565 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
566 maintenance or support, bug fixes or error corrections to the Licensed Software,
567 (b) supply future versions of the Licensed Software or (c) provide Licensed Software
568 development tools to Licensee.
569
570 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
571 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
572 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
573 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
574 PROPERTY RIGHTS.
575
576 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
577 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
578 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
579 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
580 LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
581 GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
582 PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
583 DAMAGES.
584
585 7. Term and Termination. The term of this Agreement will begin on the Effective Date,
586 which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
587 Specifications to Licensee, and shall continue indefinitely unless and until terminated by
588 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
589 termination rights as set forth in Section 2.3 above. Upon any termination of this
590 Agreement, Licensee shall cease exercising its license rights under this Agreement,
591 including the right to distribute Products that incorporate the Software or Documentation
592 or that implement the Specifications. The rights and obligations contained in Sections 1,
593 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
594
595 8. General Provisions.
596
597 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
598 parties hereto and their permitted successors and permitted assigns. InMon will have the
599 right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
600 (whether by merger, operation of law or in any other manner) any of its rights or delegate
601 any of its obligations hereunder without the prior written consent of InMon, provided the
602 assignee assumes in writing all of Licensee's obligations hereunder.
603
604 8.2 Notices. All notices permitted or required under this Agreement shall be in
605 writing and shall be delivered in person or mailed by first class, registered or certified
606 mail, postage prepaid, to the address of the party specified in this Agreement or such
607 other address as either party may specify in writing. Such notice shall be deemed to have
608 been given upon receipt.
609
610 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
611 excused, unless such waiver or consent shall be in writing and signed by the party claimed
612 to have waived or consented. Any consent or waiver, whether express or implied, shall not
613 constitute a consent or waiver of, or excuse for any separate, different or subsequent
614 breach.
615
616 8.4 Independent Contractor. The parties' relationship shall be solely that of
617 independent contractors, and nothing contained in this Agreement shall be construed to make
618 either party an agent, partner, representative or principal of the other for any purpose.
619
620 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
621 the laws of the State of California, without giving effect to such state's conflict of laws
622 principles. The parties hereby submit to the personal jurisdiction of, and agree that any
623 legal proceeding with respect to or arising under this Agreement shall be brought in, the
624 United States District Court for the Northern District of California or the state courts
625 of the State of California for the County of San Francisco.
626
627 8.6 U.S. Government Licenses. The Software and Documentation are considered a
628 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
629 software" and "commercial computer software documentation" as such terms are used in
630 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
631 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
632
633 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
634 applicable law, then such provision shall be excluded from this Agreement and the balance
635 of this Agreement shall be interpreted as if such provision were so excluded and shall be
636 enforceable in accordance with its terms. The court in its discretion may substitute for
637 the excluded provision an enforceable provision which in economic substance reasonably
638 approximates the excluded provision.
639
640 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
641 regulations (including privacy laws and regulations) having application to or governing its
642 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
643 and against any claims, damages, losses or obligations suffered or incurred by InMon
644 arising from its failure to so comply.
645
646 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
647 entire agreement between the parties with respect to the subject matter hereof, and
648 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
649 verbal or written, made between the parties with respect to such subject matter. This
650 Agreement shall control over any additional or conflicting terms in any of Licensee's
651 purchase orders or other business forms. This Agreement may only be amended or modified
652 by mutual agreement of authorized representatives of the parties in writing.
653
654 InMon Corp.
655 580 California Street, 5th Floor, San Francisco, CA 94104
656 Phone: (415) 283-3260
657 URL: www.inmon.com
658 Email: info@inmon.com
659