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62471e59 | 1 | The original sources for this package can be found at: |
064af421 | 2 | |
5a0e4aec | 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 | ||
9e9b4f5b BP |
11 | 6WIND S.A. |
12 | Alexandru Copot <alex.mihai.c@gmail.com>, with support from IXIA. | |
13 | Alexey I. Froloff. | |
14 | Amir Vadai <amir@vadai.me> | |
15 | Arm Limited | |
16 | Avaya, Inc. | |
17 | Benjamin Kosnik <bkoz@redhat.com> | |
18 | Cisco Systems, Inc | |
19 | Citrix Systems, Inc. | |
20 | Cloudbase Solutions Srl | |
21 | Cumulus Netowkrs | |
22 | Daniel Baluta <dbaluta@ixiacom.com> | |
23 | Daniel Hartmeier | |
24 | Dan Nicholson <dbn.lists@gmail.com> | |
25 | Dustin J. Mitchell <dustin@zmanda.com> | |
26 | Ed Maste | |
27 | Eelco Chaudron | |
28 | Ericsson AB | |
29 | Free Software Foundation, Inc., | |
30 | Gaetano Catalli | |
31 | Gary S. Brown. | |
32 | Geoffrey Wossum (gwossum@acm.org) | |
33 | Gleb Smirnoff <glebius@FreeBSD.org> | |
34 | Grant Jenks | |
35 | Henning Brauer | |
36 | Hewlett Packard Enterprise Development LP | |
37 | Horms Solutions Ltd. | |
38 | IBM | |
39 | Ilya Maximets <i.maximets@samsung.com> | |
40 | Javier Fernandez-Sanguino <jfs@debian.org> | |
41 | Jean Tourrilhes - HP-Labs. | |
42 | Jiri Pirko <jiri@resnulli.us> | |
43 | Kmindg <kmindg@gmail.com> | |
44 | Krzesimir Nowak <qdlacz@gmail.com> | |
45 | M3S, Srl - Italy | |
46 | Mark Pilgrim | |
47 | Mellanox Technologies, Ltd. | |
48 | Michael Chapman | |
49 | Moritz Klammler | |
50 | Netronome | |
51 | Nicira, Inc. | |
52 | Open Networking Foundation | |
53 | Paolo Abeni <pabeni@redhat.com> | |
54 | Paul Norman <penorman@mac.com> | |
55 | Red Hat, Inc. | |
56 | Roy Stogner <roystgnr@ices.utexas.edu> | |
57 | Samsung Electronics Co.,Ltd. | |
58 | Scott James Remnant <scott@netsplit.com> | |
59 | Scott Pakin <pakin@uiuc.edu> | |
60 | Siemens AG | |
61 | Sten Spans <sten@blinkenlights.nl> | |
62 | Stephen Finucane <stephen@that.guru> | |
63 | The Board of Trustees of The Leland Stanford Junior University | |
64 | The NetBSD Foundation, Inc. | |
65 | The Regents of the University of California. | |
66 | The University of Waikato | |
67 | USAGI/WIDE Project | |
68 | Vincent Bernat <bernat@luffy.cx> | |
69 | VMware, Inc. | |
70 | WIDE Project. | |
71 | WindRiver, Inc. | |
72 | YAMAMOTO Takashi | |
73 | Zack Weinberg <zackw@panix.com> | |
74 | Zmanda Inc. <http://www.zmanda.com/> | |
064af421 BP |
75 | |
76 | License: | |
77 | ||
88cd3cc9 | 78 | * The following components are licensed under the |
35f3a914 | 79 | GNU Lesser General Public License version 2.1 only |
88cd3cc9 SH |
80 | with the exception clause below as a pre-amble. |
81 | ||
5a0e4aec BP |
82 | xenserver/etc_xensource_scripts_vif |
83 | xenserver/opt_xensource_libexec_InterfaceReconfigure.py | |
84 | xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py | |
85 | xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py | |
86 | xenserver/opt_xensource_libexec_interface-reconfigure | |
87 | xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py | |
88cd3cc9 | 88 | |
5a0e4aec BP |
89 | * These components are only distributed in the source package. |
90 | They do not appear in any binary packages. | |
88cd3cc9 SH |
91 | |
92 | On Debian systems, the complete text of the | |
35f3a914 | 93 | GNU Lesser General Public License version 2.1 can be found in |
88cd3cc9 SH |
94 | `/usr/share/common-licenses/LGPL-2.1' |
95 | ||
96 | The exception clause pre-amble reads: | |
97 | ||
98 | As a special exception to the GNU Lesser General Public License, you | |
99 | may link, statically or dynamically, a "work that uses the Library" | |
100 | with a publicly distributed version of the Library to produce an | |
101 | executable file containing portions of the Library, and distribute | |
102 | that executable file under terms of your choice, without any of the | |
103 | additional requirements listed in clause 6 of the GNU Lesser General | |
104 | Public License. By "a publicly distributed version of the Library", | |
105 | we mean either the unmodified Library as distributed, or a | |
106 | modified version of the Library that is distributed under the | |
107 | conditions defined in clause 3 of the GNU Library General Public | |
108 | License. This exception does not however invalidate any other reasons | |
109 | why the executable file might be covered by the GNU Lesser General | |
110 | Public License. | |
111 | ||
1095d099 | 112 | * The following components are licensed under the |
35f3a914 | 113 | GNU Lesser General Public License version 2.1. |
88cd3cc9 | 114 | |
5a0e4aec BP |
115 | utilities/bugtool/ovs-bugtool |
116 | utilities/bugtool/ovs-bugtool-* | |
117 | utilities/bugtool/plugins/kernel-info/openvswitch.xml | |
118 | utilities/bugtool/plugins/network-status/openvswitch.xml | |
119 | utilities/bugtool/plugins/system-configuration.xml | |
120 | utilities/bugtool/plugins/system-configuration/openvswitch.xml | |
88cd3cc9 SH |
121 | |
122 | On Debian systems, the complete text of the | |
35f3a914 | 123 | GNU Lesser General Public License version 2.1 can be found in |
88cd3cc9 SH |
124 | `/usr/share/common-licenses/LGPL-2.1' |
125 | ||
35f3a914 | 126 | * The following component is licensed under the GNU General Public License |
62471e59 SH |
127 | version 2. |
128 | ||
5a0e4aec | 129 | datapath/ |
62471e59 | 130 | |
35f3a914 | 131 | On Debian systems, the complete text of the GNU General Public License |
62471e59 SH |
132 | version 2 can be found in `/usr/share/common-licenses/GPL-2' |
133 | ||
c9b94429 GS |
134 | * The following file is licensed under the GNU General Public License |
135 | version 2. | |
136 | ||
5a0e4aec | 137 | build-aux/cccl |
c9b94429 | 138 | |
9d0581fd GS |
139 | * The following files are licensed under the 2-clause BSD license. |
140 | ||
5a0e4aec BP |
141 | lib/getopt_long.c |
142 | include/windows/getopt.h | |
143 | datapath-windows/ovsext/Conntrack-tcp.c | |
144 | lib/conntrack-tcp.c | |
9d0581fd | 145 | |
03f234dc GS |
146 | * The following files are licensed under the 3-clause BSD-license |
147 | ||
5a0e4aec BP |
148 | include/windows/netinet/icmp6.h |
149 | include/windows/netinet/ip6.h | |
150 | lib/strsep.c | |
03f234dc | 151 | |
62471e59 | 152 | * The following components are dual-licensed under the |
35f3a914 | 153 | GNU General Public License version 2 and the Apache License Version 2.0. |
62471e59 | 154 | |
5a0e4aec | 155 | datapath/linux/compat/include/linux/openvswitch.h |
62471e59 | 156 | |
35f3a914 | 157 | On Debian systems, the complete text of the GNU General Public License |
62471e59 SH |
158 | version 2 can be found in `/usr/share/common-licenses/GPL-2'. |
159 | On Debian systems, the complete text of the Apache License version 2.0 | |
160 | can be found in '/usr/share/common-licenses/Apache-2.0'. | |
161 | ||
039d283c BP |
162 | * The following components are licensed under the terms of either the |
163 | Sun Industry Standard Source License 1.1 or the InMon sFlow License: | |
164 | ||
5a0e4aec BP |
165 | lib/sflow.h |
166 | lib/sflow_agent.c | |
167 | lib/sflow_api.h | |
168 | lib/sflow_poller.c | |
169 | lib/sflow_receiver.c | |
170 | lib/sflow_sampler.c | |
039d283c BP |
171 | |
172 | These licenses are available, respectively, the following URLs: | |
173 | ||
174 | http://host-sflow.sourceforge.net/sissl.html | |
175 | http://www.inmon.com/technology/sflowlicense.txt | |
176 | ||
177 | The full text of each license is also appended to the end of this | |
178 | file. | |
179 | ||
97025b23 JS |
180 | * The following components are licensed for use as desired without restriction: |
181 | ||
5a0e4aec | 182 | lib/crc32c.c |
97025b23 | 183 | |
23edef9e BP |
184 | * lib/ovs.tmac in the source distribution, and manpages in the |
185 | binaries, includes troff macros from groff 1.21 that contain the | |
186 | following notice: | |
187 | ||
188 | .\" an-ext.tmac | |
189 | .\" | |
190 | .\" Written by Eric S. Raymond <esr@thyrsus.com> | |
191 | .\" Werner Lemberg <wl@gnu.org> | |
192 | .\" | |
193 | .\" Version 2007-Feb-02 | |
194 | .\" | |
195 | .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc. | |
196 | .\" You may freely use, modify and/or distribute this file. | |
197 | ||
ed1be787 BP |
198 | * m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by |
199 | Paul Eggert and Derek Price bear the following notices: | |
200 | ||
201 | Copyright (C) 2006-2013 Free Software Foundation, Inc. | |
202 | This file is free software; the Free Software Foundation | |
203 | gives unlimited permission to copy and/or distribute it, | |
204 | with or without modifications, as long as this notice is preserved. | |
205 | ||
be53a5c4 DF |
206 | * The following files are licensed under the ISC-license |
207 | ||
208 | lib/lldp/aa-structs.h | |
209 | lib/lldp/lldpd.c | |
210 | lib/lldp/lldpd.h | |
211 | lib/lldp/lldpd-structs.c | |
212 | lib/lldp/lldpd-structs.h | |
213 | lib/lldp/lldp.c | |
214 | lib/lldp/lldp-tlv.h | |
215 | lib/lldp/lldp-const.h | |
216 | ||
62471e59 SH |
217 | * All other components of this package are licensed under |
218 | The Apache License Version 2.0. | |
064af421 | 219 | |
62471e59 SH |
220 | On Debian systems, the complete text of the Apache License version 2.0 |
221 | can be found in '/usr/share/common-licenses/Apache-2.0'. | |
a14bc59f | 222 | |
039d283c BP |
223 | ---------------------------------------------------------------------- |
224 | ||
225 | Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12: | |
226 | ||
227 | Sun Industry Standards Source License - Version 1.1 | |
228 | ||
229 | 1.0 DEFINITIONS | |
230 | ||
231 | 1.1 "Commercial Use" means distribution or otherwise making the | |
232 | Original Code available to a third party. | |
233 | ||
234 | 1.2 "Contributor Version" means the combination of the Original Code, | |
235 | and the Modifications made by that particular Contributor. | |
236 | ||
237 | 1.3 "Electronic Distribution Mechanism" means a mechanism generally | |
238 | accepted in the software development community for the electronic | |
239 | transfer of data. | |
240 | ||
241 | 1.4 "Executable" means Original Code in any form other than Source | |
242 | Code. | |
243 | ||
244 | 1.5 "Initial Developer" means the individual or entity identified as | |
245 | the Initial Developer in the Source Code notice required by Exhibit A. | |
246 | ||
247 | 1.6 "Larger Work" means a work which combines Original Code or portions | |
248 | thereof with code not governed by the terms of this License. | |
249 | ||
250 | 1.7 "License" means this document. | |
251 | ||
252 | 1.8 "Licensable" means having the right to grant, to the maximum extent | |
253 | possible, whether at the time of the initial grant or subsequently | |
254 | acquired, any and all of the rights conveyed herein. | |
255 | ||
256 | 1.9 "Modifications" means any addition to or deletion from the | |
257 | substance or structure of either the Original Code or any previous | |
258 | Modifications. A Modification is: | |
259 | ||
260 | A. Any addition to or deletion from the contents of a file containing | |
261 | Original Code or previous Modifications. | |
262 | ||
263 | B. Any new file that contains any part of the Original Code or previous | |
264 | Modifications. | |
265 | ||
266 | 1.10 "Original Code" means Source Code of computer software code which | |
267 | is described in the Source Code notice required by Exhibit A as | |
268 | Original Code. | |
269 | ||
270 | 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter | |
271 | acquired, including without limitation, method, process, and apparatus | |
272 | claims, in any patent Licensable by grantor. | |
273 | ||
274 | 1.12 "Source Code" means the preferred form of the Original Code for | |
275 | making modifications to it, including all modules it contains, plus any | |
276 | associated interface definition files, or scripts used to control | |
277 | compilation and installation of an Executable. | |
278 | ||
279 | 1.13 "Standards" means the standards identified in Exhibit B. | |
280 | ||
281 | 1.14 "You" (or "Your") means an individual or a legal entity exercising | |
282 | rights under, and complying with all of the terms of, this License or a | |
283 | future version of this License issued under Section 6.1. For legal | |
284 | entities, "You'' includes any entity which controls, is controlled by, | |
285 | or is under common control with You. For purposes of this definition, | |
286 | "control'' means (a) the power, direct or indirect, to cause the | |
287 | direction or management of such entity, whether by contract or | |
288 | otherwise, or (b) ownership of more than fifty percent (50%) of the | |
289 | outstanding shares or beneficial ownership of such entity. | |
290 | ||
291 | 2.0 SOURCE CODE LICENSE | |
292 | ||
293 | 2.1 The Initial Developer Grant | |
294 | The Initial Developer hereby grants You a world-wide, royalty-free, | |
295 | non-exclusive license, subject to third party intellectual property | |
296 | claims: | |
297 | ||
298 | (a) under intellectual property rights (other than patent or trademark) | |
299 | Licensable by Initial Developer to use, reproduce, modify, display, | |
300 | perform, sublicense and distribute the Original Code (or portions | |
301 | thereof) with or without Modifications, and/or as part of a Larger | |
302 | Work; and | |
303 | ||
304 | (b) under Patents Claims infringed by the making, using or selling of | |
305 | Original Code, to make, have made, use, practice, sell, and offer for | |
306 | sale, and/or otherwise dispose of the Original Code (or portions | |
307 | thereof). | |
308 | ||
309 | (c) the licenses granted in this Section 2.1(a) and (b) are effective | |
310 | on the date Initial Developer first distributes Original Code under the | |
311 | terms of this License. | |
312 | ||
313 | (d) Notwithstanding Section 2.1(b) above, no patent license is granted: | |
314 | 1) for code that You delete from the Original Code; 2) separate from | |
315 | the Original Code; or 3) for infringements caused by: i) the | |
316 | modification of the Original Code or ii) the combination of the | |
317 | Original Code with other software or devices, including but not limited | |
318 | to Modifications. | |
319 | 3.0 DISTRIBUTION OBLIGATIONS | |
320 | ||
321 | 3.1 Application of License. | |
322 | The Source Code version of Original Code may be distributed only under | |
323 | the terms of this License or a future version of this License released | |
324 | under Section 6.1, and You must include a copy of this License with | |
325 | every copy of the Source Code You distribute. You may not offer or | |
326 | impose any terms on any Source Code version that alters or restricts | |
327 | the applicable version of this License or the recipients' rights | |
328 | hereunder. Your license for shipment of the Contributor Version is | |
329 | conditioned upon Your full compliance with this Section. The | |
330 | Modifications which You create must comply with all requirements set | |
331 | out by the Standards body in effect one hundred twenty (120) days | |
332 | before You ship the Contributor Version. In the event that the | |
333 | Modifications do not meet such requirements, You agree to publish | |
334 | either (i) any deviation from the Standards protocol resulting from | |
335 | implementation of Your Modifications and a reference implementation of | |
336 | Your Modifications or (ii) Your Modifications in Source Code form, and | |
337 | to make any such deviation and reference implementation or | |
338 | Modifications available to all third parties under the same terms as | |
339 | this license on a royalty free basis within thirty (30) days of Your | |
340 | first customer shipment of Your Modifications. | |
341 | ||
342 | 3.2 Required Notices. | |
343 | You must duplicate the notice in Exhibit A in each file of the Source | |
344 | Code. If it is not possible to put such notice in a particular Source | |
345 | Code file due to its structure, then You must include such notice in a | |
346 | location (such as a relevant directory) where a user would be likely to | |
347 | look for such a notice. If You created one or more Modification(s) You | |
348 | may add Your name as a Contributor to the notice described in Exhibit | |
349 | A. You must also duplicate this License in any documentation for the | |
350 | Source Code where You describe recipients' rights or ownership rights | |
351 | relating to Initial Code. You may choose to offer, and to charge a fee | |
352 | for, warranty, support, indemnity or liability obligations to one or | |
353 | more recipients of Your version of the Code. However, You may do so | |
354 | only on Your own behalf, and not on behalf of the Initial Developer. | |
355 | You must make it absolutely clear than any such warranty, support, | |
356 | indemnity or liability obligation is offered by You alone, and You | |
357 | hereby agree to indemnify the Initial Developer for any liability | |
358 | incurred by the Initial Developer as a result of warranty, support, | |
359 | indemnity or liability terms You offer. | |
360 | ||
361 | 3.3 Distribution of Executable Versions. | |
362 | You may distribute Original Code in Executable and Source form only if | |
363 | the requirements of Sections 3.1 and 3.2 have been met for that | |
364 | Original Code, and if You include a notice stating that the Source Code | |
365 | version of the Original Code is available under the terms of this | |
366 | License. The notice must be conspicuously included in any notice in an | |
367 | Executable or Source versions, related documentation or collateral in | |
368 | which You describe recipients' rights relating to the Original Code. | |
369 | You may distribute the Executable and Source versions of Your version | |
370 | of the Code or ownership rights under a license of Your choice, which | |
371 | may contain terms different from this License, provided that You are in | |
372 | compliance with the terms of this License. If You distribute the | |
373 | Executable and Source versions under a different license You must make | |
374 | it absolutely clear that any terms which differ from this License are | |
375 | offered by You alone, not by the Initial Developer. You hereby agree to | |
376 | indemnify the Initial Developer for any liability incurred by the | |
377 | Initial Developer as a result of any such terms You offer. | |
378 | ||
379 | 3.4 Larger Works. | |
380 | You may create a Larger Work by combining Original Code with other code | |
381 | not governed by the terms of this License and distribute the Larger | |
382 | Work as a single product. In such a case, You must make sure the | |
383 | requirements of this License are fulfilled for the Original Code. | |
384 | ||
385 | 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION | |
386 | ||
387 | If it is impossible for You to comply with any of the terms of this | |
388 | License with respect to some or all of the Original Code due to | |
389 | statute, judicial order, or regulation then You must: (a) comply with | |
390 | the terms of this License to the maximum extent possible; and (b) | |
391 | describe the limitations and the code they affect. Such description | |
392 | must be included in the LEGAL file described in Section 3.2 and must be | |
393 | included with all distributions of the Source Code. Except to the | |
394 | extent prohibited by statute or regulation, such description must be | |
395 | sufficiently detailed for a recipient of ordinary skill to be able to | |
396 | understand it. | |
397 | ||
398 | 5.0 APPLICATION OF THIS LICENSE | |
399 | ||
400 | This License applies to code to which the Initial Developer has | |
401 | attached the notice in Exhibit A and to related Modifications as set | |
402 | out in Section 3.1. | |
403 | ||
404 | 6.0 VERSIONS OF THE LICENSE | |
405 | ||
406 | 6.1 New Versions. | |
407 | Sun may publish revised and/or new versions of the License from time to | |
408 | time. Each version will be given a distinguishing version number. | |
409 | ||
410 | 6.2 Effect of New Versions. | |
411 | Once Original Code has been published under a particular version of the | |
412 | License, You may always continue to use it under the terms of that | |
413 | version. You may also choose to use such Original Code under the terms | |
414 | of any subsequent version of the License published by Sun. No one other | |
415 | than Sun has the right to modify the terms applicable to Original Code. | |
416 | ||
417 | 7.0 DISCLAIMER OF WARRANTY | |
418 | ||
419 | ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, | |
420 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, | |
421 | WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF | |
422 | DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. | |
423 | THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE | |
424 | IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, | |
425 | YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY | |
426 | SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY | |
427 | CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL | |
428 | CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | |
429 | ||
430 | 8.0 TERMINATION | |
431 | ||
432 | 8.1 This License and the rights granted hereunder will terminate | |
433 | automatically if You fail to comply with terms herein and fail to cure | |
434 | such breach within 30 days of becoming aware of the breach. All | |
435 | sublicenses to the Original Code which are properly granted shall | |
436 | survive any termination of this License. Provisions which, by their | |
437 | nature, must remain in effect beyond the termination of this License | |
438 | shall survive. | |
439 | ||
440 | 8.2 In the event of termination under Section 8.1 above, all end user | |
441 | license agreements (excluding distributors and resellers) which have | |
442 | been validly granted by You or any distributor hereunder prior to | |
443 | termination shall survive termination. | |
444 | ||
445 | 9.0 LIMIT OF LIABILITY | |
446 | ||
447 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT | |
448 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL | |
449 | DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE, | |
450 | OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY | |
451 | INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY | |
452 | CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, | |
453 | WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER | |
454 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN | |
455 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF | |
456 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY | |
457 | RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW | |
458 | PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE | |
459 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS | |
460 | EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | |
461 | ||
462 | 10.0 U.S. GOVERNMENT END USERS | |
463 | ||
464 | U.S. Government: If this Software is being acquired by or on behalf of | |
465 | the U.S. Government or by a U.S. Government prime contractor or | |
466 | subcontractor (at any tier), then the Government's rights in the | |
467 | Software and accompanying documentation shall be only as set forth in | |
468 | this license; this is in accordance with 48 C.F.R. 227.7201 through | |
469 | 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 | |
470 | C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). | |
471 | ||
472 | 11.0 MISCELLANEOUS | |
473 | ||
474 | This License represents the complete agreement concerning subject | |
475 | matter hereof. If any provision of this License is held to be | |
476 | unenforceable, such provision shall be reformed only to the extent | |
477 | necessary to make it enforceable. This License shall be governed by | |
478 | California law provisions (except to the extent applicable law, if any, | |
479 | provides otherwise), excluding its conflict-of-law provisions. With | |
480 | respect to disputes in which at least one party is a citizen of, or an | |
481 | entity chartered or registered to do business in the United States of | |
482 | America, any litigation relating to this License shall be subject to | |
483 | the jurisdiction of the Federal Courts of the Northern District of | |
484 | California, with venue lying in Santa Clara County, California, with | |
485 | the losing party responsible for costs, including without limitation, | |
486 | court costs and reasonable attorneys' fees and expenses. The | |
487 | application of the United Nations Convention on Contracts for the | |
488 | International Sale of Goods is expressly excluded. Any law or | |
489 | regulation which provides that the language of a contract shall be | |
490 | construed against the drafter shall not apply to this License. | |
491 | ||
492 | EXHIBIT A - Sun Standards License | |
493 | "The contents of this file are subject to the Sun Standards | |
494 | License Version 1.1 (the "License"); | |
495 | You may not use this file except in compliance with the | |
496 | License. You may obtain a copy of the | |
497 | License at _______________________________. | |
498 | ||
499 | Software distributed under the License is distributed on | |
500 | an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either | |
501 | express or implied. See the License for the specific | |
502 | language governing rights and limitations under the License. | |
503 | ||
504 | The Original Code is ______________________________________. | |
505 | ||
506 | The Initial Developer of the Original Code is: | |
507 | InMon Corp. | |
508 | ||
509 | Portions created by: _______________________________________ | |
510 | ||
511 | are Copyright (C): _______________________________________ | |
512 | ||
513 | All Rights Reserved. | |
514 | ||
515 | Contributor(s): _______________________________________ | |
516 | ||
517 | EXHIBIT B - Standards | |
518 | ||
519 | The Standard is defined as the following: | |
520 | ||
521 | sFlow Specification, located at | |
522 | [1]http://sflow.org/developers/specifications.php | |
523 | ||
524 | References | |
525 | ||
526 | 1. http://sflow.org/developers/specifications.php | |
527 | ||
528 | ---------------------------------------------------------------------- | |
529 | ||
530 | Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12: | |
531 | ||
532 | LICENSE AGREEMENT | |
533 | ||
534 | PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY | |
535 | UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION | |
536 | ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION | |
537 | OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR | |
538 | ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND | |
539 | BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE | |
540 | THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS. | |
541 | ||
5a0e4aec | 542 | 1. Definitions. |
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543 | |
544 | "Documentation" means the user manuals, training materials, and operating materials, if any, | |
545 | InMon provides to Licensee under this Agreement. | |
546 | ||
547 | "InMon" means InMon Corporation, its affiliates and subsidiaries. | |
548 | ||
549 | "Intellectual Property Rights" means any trade secrets, patents, including without | |
550 | limitation any patents covering the Software, copyrights, know-how, moral rights and | |
551 | similar rights of any type under the laws of any governmental authority, domestic or | |
552 | foreign, including all applications and registrations relating to any of the foregoing. | |
553 | ||
554 | "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by | |
555 | or on behalf of Licensee. | |
556 | ||
557 | "Products" means any and all software applications, computers, routers, or other equipment | |
558 | manufactured by or on behalf of Licensee for the purpose of resale or lease to any other | |
559 | third party, or otherwise made available by Licensee free of charge. | |
560 | ||
561 | "Software" means the sFlow(R) software programs, in source or binary code format, that | |
562 | Licensee licenses from InMon under this Agreement and any bug fixes or error corrections | |
563 | which InMon may provide to Licensee. | |
564 | ||
565 | "Specifications" means the published specifications provided or otherwise made available by | |
566 | InMon at: http://www.sflow.org. | |
567 | ||
568 | "Trademark" means InMon's "sFlow(R)" trademark. | |
569 | ||
5a0e4aec | 570 | 2. License Grant. |
039d283c | 571 | |
5a0e4aec | 572 | 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to |
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573 | Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject |
574 | to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide, | |
575 | transferable, sublicensable license, to: (i) use and reproduce the Software, the | |
576 | Documentation, and the Specifications; (ii) modify the Software; (iii) implement the | |
577 | Specifications in the Products; (iv) install the Software, or software in which the | |
578 | Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute | |
579 | any Products that include the Software, the Documentation, or software in which the | |
580 | Specifications have been implemented. | |
581 | ||
5a0e4aec | 582 | 2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's |
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583 | termination rights under Section 7 below), nonexclusive, royalty-free, worldwide, |
584 | transferable, sublicensable license to use the Trademark on or in connection with the | |
585 | Software, the Documentation, the Specifications and any software that implements the | |
586 | Specifications. | |
587 | ||
5a0e4aec | 588 | 2.3 Restrictions. Licensee agrees that it will not use the Software in a way |
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589 | inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in |
590 | exercising its rights under the license granted to it in this Agreement, Licensee will: | |
591 | (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark, | |
592 | and no other mark, to identify the Software, the Documentation, the Specifications and any | |
593 | Products that implement the Specifications; (iii) place, in a font or graphic design | |
594 | designated by InMon, the phrase "sFlow(R)" on any technical documentation, | |
595 | sales/marketing materials, catalogs, or other such materials relating to products it | |
596 | manufactures or markets which it has configured to be compatible with the Software or | |
597 | otherwise implement the Specifications; (iv) in connection with any Products shipped to or | |
598 | sold in other countries that include the Software or any software that implements the | |
599 | Specifications, comply with the patent and trademark laws and practice of such other | |
600 | country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of | |
601 | InMon that may appear in or on the Software, the Documentation or the Specifications. In | |
602 | the event InMon determines that Licensee is not complying with its obligations under | |
603 | clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee | |
604 | fails to correct such non-compliance within three (3) months, InMon may immediately | |
605 | terminate this Agreement as provided under paragraph 7 below and pursue any and all | |
606 | actions and remedies as it deems necessary, including, but not limited to breach of | |
607 | contract. | |
608 | ||
5a0e4aec | 609 | 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby |
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610 | retains all right, title, and interest in and to the Trademark and all its Intellectual |
611 | Property Rights in the Software, the Documentation and the Specifications. Licensee | |
612 | obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by | |
613 | implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software, | |
614 | Documentation and Specifications are being licensed and not sold under this Agreement, and | |
615 | that this Agreement does not transfer title in the Trademark, Software, Documentation or | |
616 | Specifications, or any copy thereof, to Licensee. | |
617 | ||
5a0e4aec | 618 | 4. Support. Inmon shall have no obligation under this Agreement to (a) supply |
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619 | maintenance or support, bug fixes or error corrections to the Licensed Software, |
620 | (b) supply future versions of the Licensed Software or (c) provide Licensed Software | |
621 | development tools to Licensee. | |
622 | ||
5a0e4aec | 623 | 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR |
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624 | STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE |
625 | SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF | |
626 | MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL | |
627 | PROPERTY RIGHTS. | |
628 | ||
5a0e4aec | 629 | 6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE |
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630 | LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER, |
631 | WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE | |
632 | DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR | |
633 | LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE | |
634 | GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER | |
635 | PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH | |
636 | DAMAGES. | |
637 | ||
5a0e4aec | 638 | 7. Term and Termination. The term of this Agreement will begin on the Effective Date, |
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639 | which shall be deemed to be the date of delivery of the Software and/or Documentation and/or |
640 | Specifications to Licensee, and shall continue indefinitely unless and until terminated by | |
641 | Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's | |
642 | termination rights as set forth in Section 2.3 above. Upon any termination of this | |
643 | Agreement, Licensee shall cease exercising its license rights under this Agreement, | |
644 | including the right to distribute Products that incorporate the Software or Documentation | |
645 | or that implement the Specifications. The rights and obligations contained in Sections 1, | |
646 | 3, 5, 6, 7, and 8 shall survive any termination of this Agreement. | |
647 | ||
5a0e4aec | 648 | 8. General Provisions. |
039d283c | 649 | |
5a0e4aec | 650 | 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the |
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651 | parties hereto and their permitted successors and permitted assigns. InMon will have the |
652 | right to assign this Agreement without notice to Licensee. Licensee may assign or transfer | |
653 | (whether by merger, operation of law or in any other manner) any of its rights or delegate | |
654 | any of its obligations hereunder without the prior written consent of InMon, provided the | |
655 | assignee assumes in writing all of Licensee's obligations hereunder. | |
656 | ||
5a0e4aec | 657 | 8.2 Notices. All notices permitted or required under this Agreement shall be in |
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658 | writing and shall be delivered in person or mailed by first class, registered or certified |
659 | mail, postage prepaid, to the address of the party specified in this Agreement or such | |
660 | other address as either party may specify in writing. Such notice shall be deemed to have | |
661 | been given upon receipt. | |
662 | ||
5a0e4aec | 663 | 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach |
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664 | excused, unless such waiver or consent shall be in writing and signed by the party claimed |
665 | to have waived or consented. Any consent or waiver, whether express or implied, shall not | |
666 | constitute a consent or waiver of, or excuse for any separate, different or subsequent | |
667 | breach. | |
668 | ||
5a0e4aec | 669 | 8.4 Independent Contractor. The parties' relationship shall be solely that of |
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670 | independent contractors, and nothing contained in this Agreement shall be construed to make |
671 | either party an agent, partner, representative or principal of the other for any purpose. | |
672 | ||
5a0e4aec | 673 | 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under |
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674 | the laws of the State of California, without giving effect to such state's conflict of laws |
675 | principles. The parties hereby submit to the personal jurisdiction of, and agree that any | |
676 | legal proceeding with respect to or arising under this Agreement shall be brought in, the | |
677 | United States District Court for the Northern District of California or the state courts | |
678 | of the State of California for the County of San Francisco. | |
679 | ||
5a0e4aec | 680 | 8.6 U.S. Government Licenses. The Software and Documentation are considered a |
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681 | "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer |
682 | software" and "commercial computer software documentation" as such terms are used in | |
683 | 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and | |
684 | 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors. | |
685 | ||
5a0e4aec | 686 | 8.7 Severability. If any provision of this Agreement is held to be unenforceable under |
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687 | applicable law, then such provision shall be excluded from this Agreement and the balance |
688 | of this Agreement shall be interpreted as if such provision were so excluded and shall be | |
689 | enforceable in accordance with its terms. The court in its discretion may substitute for | |
690 | the excluded provision an enforceable provision which in economic substance reasonably | |
691 | approximates the excluded provision. | |
692 | ||
5a0e4aec | 693 | 8.8 Compliance With Law. Licensee shall comply with all applicable laws and |
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694 | regulations (including privacy laws and regulations) having application to or governing its |
695 | use and/or operation of the Software and agrees to indemnify and hold InMon harmless from | |
696 | and against any claims, damages, losses or obligations suffered or incurred by InMon | |
697 | arising from its failure to so comply. | |
698 | ||
5a0e4aec | 699 | 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and |
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700 | entire agreement between the parties with respect to the subject matter hereof, and |
701 | supersedes any previous proposals, negotiations, agreements, or arrangements, whether | |
702 | verbal or written, made between the parties with respect to such subject matter. This | |
703 | Agreement shall control over any additional or conflicting terms in any of Licensee's | |
704 | purchase orders or other business forms. This Agreement may only be amended or modified | |
705 | by mutual agreement of authorized representatives of the parties in writing. | |
706 | ||
707 | InMon Corp. | |
708 | 580 California Street, 5th Floor, San Francisco, CA 94104 | |
709 | Phone: (415) 283-3260 | |
710 | URL: www.inmon.com | |
711 | Email: info@inmon.com |