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62471e59 1The original sources for this package can be found at:
064af421 2
5a0e4aec 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
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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/>
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75
76License:
77
88cd3cc9 78* The following components are licensed under the
35f3a914 79 GNU Lesser General Public License version 2.1 only
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80 with the exception clause below as a pre-amble.
81
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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
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89 * These components are only distributed in the source package.
90 They do not appear in any binary packages.
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91
92 On Debian systems, the complete text of the
35f3a914 93 GNU Lesser General Public License version 2.1 can be found in
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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
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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
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121
122 On Debian systems, the complete text of the
35f3a914 123 GNU Lesser General Public License version 2.1 can be found in
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124 `/usr/share/common-licenses/LGPL-2.1'
125
35f3a914 126* The following component is licensed under the GNU General Public License
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127 version 2.
128
5a0e4aec 129 datapath/
62471e59 130
35f3a914 131 On Debian systems, the complete text of the GNU General Public License
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132 version 2 can be found in `/usr/share/common-licenses/GPL-2'
133
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134* The following file is licensed under the GNU General Public License
135 version 2.
136
5a0e4aec 137 build-aux/cccl
c9b94429 138
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139* The following files are licensed under the 2-clause BSD license.
140
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141 lib/getopt_long.c
142 include/windows/getopt.h
143 datapath-windows/ovsext/Conntrack-tcp.c
144 lib/conntrack-tcp.c
9d0581fd 145
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146* The following files are licensed under the 3-clause BSD-license
147
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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
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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
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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
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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
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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
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180* The following components are licensed for use as desired without restriction:
181
5a0e4aec 182 lib/crc32c.c
97025b23 183
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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
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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
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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
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217* All other components of this package are licensed under
218 The Apache License Version 2.0.
064af421 219
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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
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223----------------------------------------------------------------------
224
225Retrieved 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
494License Version 1.1 (the "License");
495You may not use this file except in compliance with the
496License. You may obtain a copy of the
497License at _______________________________.
498
499Software distributed under the License is distributed on
500an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
501express or implied. See the License for the specific
502language governing rights and limitations under the License.
503
504The Original Code is ______________________________________.
505
506The Initial Developer of the Original Code is:
507InMon Corp.
508
509Portions created by: _______________________________________
510
511are Copyright (C): _______________________________________
512
513All Rights Reserved.
514
515Contributor(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
524References
525
526 1. http://sflow.org/developers/specifications.php
527
528----------------------------------------------------------------------
529
530Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
531
532LICENSE AGREEMENT
533
534PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
535UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
536("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
537OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
538ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
539BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
540THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
541
5a0e4aec 5421. Definitions.
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543
544"Documentation" means the user manuals, training materials, and operating materials, if any,
545InMon 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
550limitation any patents covering the Software, copyrights, know-how, moral rights and
551similar rights of any type under the laws of any governmental authority, domestic or
552foreign, 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
555or on behalf of Licensee.
556
557"Products" means any and all software applications, computers, routers, or other equipment
558manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
559third 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
562Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
563which InMon may provide to Licensee.
564
565"Specifications" means the published specifications provided or otherwise made available by
566InMon at: http://www.sflow.org.
567
568"Trademark" means InMon's "sFlow(R)" trademark.
569
5a0e4aec 5702. License Grant.
039d283c 571
5a0e4aec 5722.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
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573Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
574to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
575transferable, sublicensable license, to: (i) use and reproduce the Software, the
576Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
577Specifications in the Products; (iv) install the Software, or software in which the
578Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
579any Products that include the Software, the Documentation, or software in which the
580Specifications have been implemented.
581
5a0e4aec 5822.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
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583termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
584transferable, sublicensable license to use the Trademark on or in connection with the
585Software, the Documentation, the Specifications and any software that implements the
586Specifications.
587
5a0e4aec 5882.3 Restrictions. Licensee agrees that it will not use the Software in a way
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589inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
590exercising 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,
592and no other mark, to identify the Software, the Documentation, the Specifications and any
593Products that implement the Specifications; (iii) place, in a font or graphic design
594designated by InMon, the phrase "sFlow(R)" on any technical documentation,
595sales/marketing materials, catalogs, or other such materials relating to products it
596manufactures or markets which it has configured to be compatible with the Software or
597otherwise implement the Specifications; (iv) in connection with any Products shipped to or
598sold in other countries that include the Software or any software that implements the
599Specifications, comply with the patent and trademark laws and practice of such other
600country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
601InMon that may appear in or on the Software, the Documentation or the Specifications. In
602the event InMon determines that Licensee is not complying with its obligations under
603clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
604fails to correct such non-compliance within three (3) months, InMon may immediately
605terminate this Agreement as provided under paragraph 7 below and pursue any and all
606actions and remedies as it deems necessary, including, but not limited to breach of
607contract.
608
5a0e4aec 6093. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
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610retains all right, title, and interest in and to the Trademark and all its Intellectual
611Property Rights in the Software, the Documentation and the Specifications. Licensee
612obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
613implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
614Documentation and Specifications are being licensed and not sold under this Agreement, and
615that this Agreement does not transfer title in the Trademark, Software, Documentation or
616Specifications, or any copy thereof, to Licensee.
617
5a0e4aec 6184. Support. Inmon shall have no obligation under this Agreement to (a) supply
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619maintenance 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
621development tools to Licensee.
622
5a0e4aec 6235. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
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624STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
625SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
626MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
627PROPERTY RIGHTS.
628
5a0e4aec 6296. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
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630LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
631WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
632DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
633LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
634GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
635PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
636DAMAGES.
637
5a0e4aec 6387. Term and Termination. The term of this Agreement will begin on the Effective Date,
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639which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
640Specifications to Licensee, and shall continue indefinitely unless and until terminated by
641Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
642termination rights as set forth in Section 2.3 above. Upon any termination of this
643Agreement, Licensee shall cease exercising its license rights under this Agreement,
644including the right to distribute Products that incorporate the Software or Documentation
645or that implement the Specifications. The rights and obligations contained in Sections 1,
6463, 5, 6, 7, and 8 shall survive any termination of this Agreement.
647
5a0e4aec 6488. General Provisions.
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5a0e4aec 6508.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
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651parties hereto and their permitted successors and permitted assigns. InMon will have the
652right 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
654any of its obligations hereunder without the prior written consent of InMon, provided the
655assignee assumes in writing all of Licensee's obligations hereunder.
656
5a0e4aec 6578.2 Notices. All notices permitted or required under this Agreement shall be in
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658writing and shall be delivered in person or mailed by first class, registered or certified
659mail, postage prepaid, to the address of the party specified in this Agreement or such
660other address as either party may specify in writing. Such notice shall be deemed to have
661been given upon receipt.
662
5a0e4aec 6638.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
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664excused, unless such waiver or consent shall be in writing and signed by the party claimed
665to have waived or consented. Any consent or waiver, whether express or implied, shall not
666constitute a consent or waiver of, or excuse for any separate, different or subsequent
667breach.
668
5a0e4aec 6698.4 Independent Contractor. The parties' relationship shall be solely that of
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670independent contractors, and nothing contained in this Agreement shall be construed to make
671either party an agent, partner, representative or principal of the other for any purpose.
672
5a0e4aec 6738.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
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674the laws of the State of California, without giving effect to such state's conflict of laws
675principles. The parties hereby submit to the personal jurisdiction of, and agree that any
676legal proceeding with respect to or arising under this Agreement shall be brought in, the
677United States District Court for the Northern District of California or the state courts
678of the State of California for the County of San Francisco.
679
5a0e4aec 6808.6 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
682software" and "commercial computer software documentation" as such terms are used in
68348 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
68448 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
685
5a0e4aec 6868.7 Severability. If any provision of this Agreement is held to be unenforceable under
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687applicable law, then such provision shall be excluded from this Agreement and the balance
688of this Agreement shall be interpreted as if such provision were so excluded and shall be
689enforceable in accordance with its terms. The court in its discretion may substitute for
690the excluded provision an enforceable provision which in economic substance reasonably
691approximates the excluded provision.
692
5a0e4aec 6938.8 Compliance With Law. Licensee shall comply with all applicable laws and
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694regulations (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
696and against any claims, damages, losses or obligations suffered or incurred by InMon
697arising from its failure to so comply.
698
5a0e4aec 6998.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
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700entire agreement between the parties with respect to the subject matter hereof, and
701supersedes any previous proposals, negotiations, agreements, or arrangements, whether
702verbal or written, made between the parties with respect to such subject matter. This
703Agreement shall control over any additional or conflicting terms in any of Licensee's
704purchase orders or other business forms. This Agreement may only be amended or modified
705by mutual agreement of authorized representatives of the parties in writing.
706
707InMon Corp.
708580 California Street, 5th Floor, San Francisco, CA 94104
709Phone: (415) 283-3260
710URL: www.inmon.com
711Email: info@inmon.com