1 The original sources for this package can be found at:
3 http://openvswitch.org/
5 Upstream Authors (from AUTHORS):
9 Upstream Copyright Holders:
11 Copyright (c) 2007, 2008, 2009, 2010, 2011 Nicira Networks.
12 Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
13 Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
14 and authors listed above.
18 * The following components are licensed under the
19 GNU Lesser General Public License version 2.1 only
20 with the exception clause below as a pre-amble.
22 xenserver/etc_xensource_scripts_vif
23 xenserver/opt_xensource_libexec_InterfaceReconfigure.py
24 xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
25 xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
26 xenserver/opt_xensource_libexec_interface-reconfigure
27 xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
29 * These components are only distributed in the source package.
30 They do not appear in any binary packages.
32 On Debian systems, the complete text of the
33 GNU Lesser General Public License version 2.1 can be found in
34 `/usr/share/common-licenses/LGPL-2.1'
36 The exception clause pre-amble reads:
38 As a special exception to the GNU Lesser General Public License, you
39 may link, statically or dynamically, a "work that uses the Library"
40 with a publicly distributed version of the Library to produce an
41 executable file containing portions of the Library, and distribute
42 that executable file under terms of your choice, without any of the
43 additional requirements listed in clause 6 of the GNU Lesser General
44 Public License. By "a publicly distributed version of the Library",
45 we mean either the unmodified Library as distributed, or a
46 modified version of the Library that is distributed under the
47 conditions defined in clause 3 of the GNU Library General Public
48 License. This exception does not however invalidate any other reasons
49 why the executable file might be covered by the GNU Lesser General
52 * The following components are licensed under the
53 GNU Lesser General Public License version 2.1.
55 utilities/bugtool/ovs-bugtool
56 utilities/bugtool/ovs-bugtool-cfm-show
57 utilities/bugtool/ovs-bugtool-lacp-show
58 utilities/bugtool/ovs-bugtool-tc-class-show
59 utilities/bugtool/plugins/kernel-info/openvswitch.xml
60 utilities/bugtool/plugins/network-status/openvswitch.xml
61 utilities/bugtool/plugins/system-configuration.xml
62 utilities/bugtool/plugins/system-configuration/openvswitch.xml
64 On Debian systems, the complete text of the
65 GNU Lesser General Public License version 2.1 can be found in
66 `/usr/share/common-licenses/LGPL-2.1'
68 * The following component is licensed under the GNU General Public License
73 On Debian systems, the complete text of the GNU General Public License
74 version 2 can be found in `/usr/share/common-licenses/GPL-2'
76 * The following components are dual-licensed under the
77 GNU General Public License version 2 and the Apache License Version 2.0.
79 include/linux/openvswitch.h
80 include/openvswitch/brcompat-netlink.h
81 include/openvswitch/datapath-compat.h
82 include/openvswitch/tunnel.h
84 On Debian systems, the complete text of the GNU General Public License
85 version 2 can be found in `/usr/share/common-licenses/GPL-2'.
86 On Debian systems, the complete text of the Apache License version 2.0
87 can be found in '/usr/share/common-licenses/Apache-2.0'.
89 * The following components are licensed under the terms of either the
90 Sun Industry Standard Source License 1.1 or the InMon sFlow License:
99 These licenses are available, respectively, the following URLs:
101 http://host-sflow.sourceforge.net/sissl.html
102 http://www.inmon.com/technology/sflowlicense.txt
104 The full text of each license is also appended to the end of this
107 * The following components are licensed under the
108 Python Software Foundation License Version 2.
110 python/compat/uuid.py
111 python/compat/argparse.py
113 * These components are only distributed in the source package.
114 They do not appear in any binary packages.
116 PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
117 --------------------------------------------
119 1. This LICENSE AGREEMENT is between the Python Software Foundation
120 ("PSF"), and the Individual or Organization ("Licensee") accessing and
121 otherwise using this software ("Python") in source or binary form and
122 its associated documentation.
124 2. Subject to the terms and conditions of this License Agreement, PSF
125 hereby grants Licensee a nonexclusive, royalty-free, world-wide
126 license to reproduce, analyze, test, perform and/or display publicly,
127 prepare derivative works, distribute, and otherwise use Python
128 alone or in any derivative version, provided, however, that PSF's
129 License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
130 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
131 All Rights Reserved" are retained in Python alone or in any derivative
132 version prepared by Licensee.
134 3. In the event Licensee prepares a derivative work that is based on
135 or incorporates Python or any part thereof, and wants to make
136 the derivative work available to others as provided herein, then
137 Licensee hereby agrees to include in any such work a brief summary of
138 the changes made to Python.
140 4. PSF is making Python available to Licensee on an "AS IS"
141 basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
142 IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
143 DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
144 FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
145 INFRINGE ANY THIRD PARTY RIGHTS.
147 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
148 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
149 A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
150 OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
152 6. This License Agreement will automatically terminate upon a material
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155 7. Nothing in this License Agreement shall be deemed to create any
156 relationship of agency, partnership, or joint venture between PSF and
157 Licensee. This License Agreement does not grant permission to use PSF
158 trademarks or trade name in a trademark sense to endorse or promote
159 products or services of Licensee, or any third party.
161 8. By copying, installing or otherwise using Python, Licensee
162 agrees to be bound by the terms and conditions of this License
165 * lib/ovs.tmac in the source distribution, and manpages in the
166 binaries, includes troff macros from groff 1.21 that contain the
171 .\" Written by Eric S. Raymond <esr@thyrsus.com>
172 .\" Werner Lemberg <wl@gnu.org>
174 .\" Version 2007-Feb-02
176 .\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
177 .\" You may freely use, modify and/or distribute this file.
179 * All other components of this package are licensed under
180 The Apache License Version 2.0.
182 On Debian systems, the complete text of the Apache License version 2.0
183 can be found in '/usr/share/common-licenses/Apache-2.0'.
185 ----------------------------------------------------------------------
187 Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
189 Sun Industry Standards Source License - Version 1.1
193 1.1 "Commercial Use" means distribution or otherwise making the
194 Original Code available to a third party.
196 1.2 "Contributor Version" means the combination of the Original Code,
197 and the Modifications made by that particular Contributor.
199 1.3 "Electronic Distribution Mechanism" means a mechanism generally
200 accepted in the software development community for the electronic
203 1.4 "Executable" means Original Code in any form other than Source
206 1.5 "Initial Developer" means the individual or entity identified as
207 the Initial Developer in the Source Code notice required by Exhibit A.
209 1.6 "Larger Work" means a work which combines Original Code or portions
210 thereof with code not governed by the terms of this License.
212 1.7 "License" means this document.
214 1.8 "Licensable" means having the right to grant, to the maximum extent
215 possible, whether at the time of the initial grant or subsequently
216 acquired, any and all of the rights conveyed herein.
218 1.9 "Modifications" means any addition to or deletion from the
219 substance or structure of either the Original Code or any previous
220 Modifications. A Modification is:
222 A. Any addition to or deletion from the contents of a file containing
223 Original Code or previous Modifications.
225 B. Any new file that contains any part of the Original Code or previous
228 1.10 "Original Code" means Source Code of computer software code which
229 is described in the Source Code notice required by Exhibit A as
232 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
233 acquired, including without limitation, method, process, and apparatus
234 claims, in any patent Licensable by grantor.
236 1.12 "Source Code" means the preferred form of the Original Code for
237 making modifications to it, including all modules it contains, plus any
238 associated interface definition files, or scripts used to control
239 compilation and installation of an Executable.
241 1.13 "Standards" means the standards identified in Exhibit B.
243 1.14 "You" (or "Your") means an individual or a legal entity exercising
244 rights under, and complying with all of the terms of, this License or a
245 future version of this License issued under Section 6.1. For legal
246 entities, "You'' includes any entity which controls, is controlled by,
247 or is under common control with You. For purposes of this definition,
248 "control'' means (a) the power, direct or indirect, to cause the
249 direction or management of such entity, whether by contract or
250 otherwise, or (b) ownership of more than fifty percent (50%) of the
251 outstanding shares or beneficial ownership of such entity.
253 2.0 SOURCE CODE LICENSE
255 2.1 The Initial Developer Grant
256 The Initial Developer hereby grants You a world-wide, royalty-free,
257 non-exclusive license, subject to third party intellectual property
260 (a) under intellectual property rights (other than patent or trademark)
261 Licensable by Initial Developer to use, reproduce, modify, display,
262 perform, sublicense and distribute the Original Code (or portions
263 thereof) with or without Modifications, and/or as part of a Larger
266 (b) under Patents Claims infringed by the making, using or selling of
267 Original Code, to make, have made, use, practice, sell, and offer for
268 sale, and/or otherwise dispose of the Original Code (or portions
271 (c) the licenses granted in this Section 2.1(a) and (b) are effective
272 on the date Initial Developer first distributes Original Code under the
273 terms of this License.
275 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
276 1) for code that You delete from the Original Code; 2) separate from
277 the Original Code; or 3) for infringements caused by: i) the
278 modification of the Original Code or ii) the combination of the
279 Original Code with other software or devices, including but not limited
281 3.0 DISTRIBUTION OBLIGATIONS
283 3.1 Application of License.
284 The Source Code version of Original Code may be distributed only under
285 the terms of this License or a future version of this License released
286 under Section 6.1, and You must include a copy of this License with
287 every copy of the Source Code You distribute. You may not offer or
288 impose any terms on any Source Code version that alters or restricts
289 the applicable version of this License or the recipients' rights
290 hereunder. Your license for shipment of the Contributor Version is
291 conditioned upon Your full compliance with this Section. The
292 Modifications which You create must comply with all requirements set
293 out by the Standards body in effect one hundred twenty (120) days
294 before You ship the Contributor Version. In the event that the
295 Modifications do not meet such requirements, You agree to publish
296 either (i) any deviation from the Standards protocol resulting from
297 implementation of Your Modifications and a reference implementation of
298 Your Modifications or (ii) Your Modifications in Source Code form, and
299 to make any such deviation and reference implementation or
300 Modifications available to all third parties under the same terms as
301 this license on a royalty free basis within thirty (30) days of Your
302 first customer shipment of Your Modifications.
304 3.2 Required Notices.
305 You must duplicate the notice in Exhibit A in each file of the Source
306 Code. If it is not possible to put such notice in a particular Source
307 Code file due to its structure, then You must include such notice in a
308 location (such as a relevant directory) where a user would be likely to
309 look for such a notice. If You created one or more Modification(s) You
310 may add Your name as a Contributor to the notice described in Exhibit
311 A. You must also duplicate this License in any documentation for the
312 Source Code where You describe recipients' rights or ownership rights
313 relating to Initial Code. You may choose to offer, and to charge a fee
314 for, warranty, support, indemnity or liability obligations to one or
315 more recipients of Your version of the Code. However, You may do so
316 only on Your own behalf, and not on behalf of the Initial Developer.
317 You must make it absolutely clear than any such warranty, support,
318 indemnity or liability obligation is offered by You alone, and You
319 hereby agree to indemnify the Initial Developer for any liability
320 incurred by the Initial Developer as a result of warranty, support,
321 indemnity or liability terms You offer.
323 3.3 Distribution of Executable Versions.
324 You may distribute Original Code in Executable and Source form only if
325 the requirements of Sections 3.1 and 3.2 have been met for that
326 Original Code, and if You include a notice stating that the Source Code
327 version of the Original Code is available under the terms of this
328 License. The notice must be conspicuously included in any notice in an
329 Executable or Source versions, related documentation or collateral in
330 which You describe recipients' rights relating to the Original Code.
331 You may distribute the Executable and Source versions of Your version
332 of the Code or ownership rights under a license of Your choice, which
333 may contain terms different from this License, provided that You are in
334 compliance with the terms of this License. If You distribute the
335 Executable and Source versions under a different license You must make
336 it absolutely clear that any terms which differ from this License are
337 offered by You alone, not by the Initial Developer. You hereby agree to
338 indemnify the Initial Developer for any liability incurred by the
339 Initial Developer as a result of any such terms You offer.
342 You may create a Larger Work by combining Original Code with other code
343 not governed by the terms of this License and distribute the Larger
344 Work as a single product. In such a case, You must make sure the
345 requirements of this License are fulfilled for the Original Code.
347 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
349 If it is impossible for You to comply with any of the terms of this
350 License with respect to some or all of the Original Code due to
351 statute, judicial order, or regulation then You must: (a) comply with
352 the terms of this License to the maximum extent possible; and (b)
353 describe the limitations and the code they affect. Such description
354 must be included in the LEGAL file described in Section 3.2 and must be
355 included with all distributions of the Source Code. Except to the
356 extent prohibited by statute or regulation, such description must be
357 sufficiently detailed for a recipient of ordinary skill to be able to
360 5.0 APPLICATION OF THIS LICENSE
362 This License applies to code to which the Initial Developer has
363 attached the notice in Exhibit A and to related Modifications as set
366 6.0 VERSIONS OF THE LICENSE
369 Sun may publish revised and/or new versions of the License from time to
370 time. Each version will be given a distinguishing version number.
372 6.2 Effect of New Versions.
373 Once Original Code has been published under a particular version of the
374 License, You may always continue to use it under the terms of that
375 version. You may also choose to use such Original Code under the terms
376 of any subsequent version of the License published by Sun. No one other
377 than Sun has the right to modify the terms applicable to Original Code.
379 7.0 DISCLAIMER OF WARRANTY
381 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
382 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
383 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
384 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
385 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
386 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
387 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
388 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
389 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
390 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
394 8.1 This License and the rights granted hereunder will terminate
395 automatically if You fail to comply with terms herein and fail to cure
396 such breach within 30 days of becoming aware of the breach. All
397 sublicenses to the Original Code which are properly granted shall
398 survive any termination of this License. Provisions which, by their
399 nature, must remain in effect beyond the termination of this License
402 8.2 In the event of termination under Section 8.1 above, all end user
403 license agreements (excluding distributors and resellers) which have
404 been validly granted by You or any distributor hereunder prior to
405 termination shall survive termination.
407 9.0 LIMIT OF LIABILITY
409 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
410 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
411 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
412 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
413 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
414 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
415 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
416 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
417 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
418 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
419 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
420 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
421 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
422 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
424 10.0 U.S. GOVERNMENT END USERS
426 U.S. Government: If this Software is being acquired by or on behalf of
427 the U.S. Government or by a U.S. Government prime contractor or
428 subcontractor (at any tier), then the Government's rights in the
429 Software and accompanying documentation shall be only as set forth in
430 this license; this is in accordance with 48 C.F.R. 227.7201 through
431 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
432 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
436 This License represents the complete agreement concerning subject
437 matter hereof. If any provision of this License is held to be
438 unenforceable, such provision shall be reformed only to the extent
439 necessary to make it enforceable. This License shall be governed by
440 California law provisions (except to the extent applicable law, if any,
441 provides otherwise), excluding its conflict-of-law provisions. With
442 respect to disputes in which at least one party is a citizen of, or an
443 entity chartered or registered to do business in the United States of
444 America, any litigation relating to this License shall be subject to
445 the jurisdiction of the Federal Courts of the Northern District of
446 California, with venue lying in Santa Clara County, California, with
447 the losing party responsible for costs, including without limitation,
448 court costs and reasonable attorneys' fees and expenses. The
449 application of the United Nations Convention on Contracts for the
450 International Sale of Goods is expressly excluded. Any law or
451 regulation which provides that the language of a contract shall be
452 construed against the drafter shall not apply to this License.
454 EXHIBIT A - Sun Standards License
455 "The contents of this file are subject to the Sun Standards
456 License Version 1.1 (the "License");
457 You may not use this file except in compliance with the
458 License. You may obtain a copy of the
459 License at _______________________________.
461 Software distributed under the License is distributed on
462 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
463 express or implied. See the License for the specific
464 language governing rights and limitations under the License.
466 The Original Code is ______________________________________.
468 The Initial Developer of the Original Code is:
471 Portions created by: _______________________________________
473 are Copyright (C): _______________________________________
477 Contributor(s): _______________________________________
479 EXHIBIT B - Standards
481 The Standard is defined as the following:
483 sFlow Specification, located at
484 [1]http://sflow.org/developers/specifications.php
488 1. http://sflow.org/developers/specifications.php
490 ----------------------------------------------------------------------
492 Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
496 PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
497 UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
498 ("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
499 OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
500 ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
501 BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
502 THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
506 "Documentation" means the user manuals, training materials, and operating materials, if any,
507 InMon provides to Licensee under this Agreement.
509 "InMon" means InMon Corporation, its affiliates and subsidiaries.
511 "Intellectual Property Rights" means any trade secrets, patents, including without
512 limitation any patents covering the Software, copyrights, know-how, moral rights and
513 similar rights of any type under the laws of any governmental authority, domestic or
514 foreign, including all applications and registrations relating to any of the foregoing.
516 "Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
517 or on behalf of Licensee.
519 "Products" means any and all software applications, computers, routers, or other equipment
520 manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
521 third party, or otherwise made available by Licensee free of charge.
523 "Software" means the sFlow(R) software programs, in source or binary code format, that
524 Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
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527 "Specifications" means the published specifications provided or otherwise made available by
528 InMon at: http://www.sflow.org.
530 "Trademark" means InMon's "sFlow(R)" trademark.
534 2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
535 Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
536 to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
537 transferable, sublicensable license, to: (i) use and reproduce the Software, the
538 Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
539 Specifications in the Products; (iv) install the Software, or software in which the
540 Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
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545 termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
546 transferable, sublicensable license to use the Trademark on or in connection with the
547 Software, the Documentation, the Specifications and any software that implements the
550 2.3 Restrictions. Licensee agrees that it will not use the Software in a way
551 inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
552 exercising its rights under the license granted to it in this Agreement, Licensee will:
553 (i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
554 and no other mark, to identify the Software, the Documentation, the Specifications and any
555 Products that implement the Specifications; (iii) place, in a font or graphic design
556 designated by InMon, the phrase "sFlow(R)" on any technical documentation,
557 sales/marketing materials, catalogs, or other such materials relating to products it
558 manufactures or markets which it has configured to be compatible with the Software or
559 otherwise implement the Specifications; (iv) in connection with any Products shipped to or
560 sold in other countries that include the Software or any software that implements the
561 Specifications, comply with the patent and trademark laws and practice of such other
562 country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
563 InMon that may appear in or on the Software, the Documentation or the Specifications. In
564 the event InMon determines that Licensee is not complying with its obligations under
565 clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
566 fails to correct such non-compliance within three (3) months, InMon may immediately
567 terminate this Agreement as provided under paragraph 7 below and pursue any and all
568 actions and remedies as it deems necessary, including, but not limited to breach of
571 3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
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574 obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
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580 4. Support. Inmon shall have no obligation under this Agreement to (a) supply
581 maintenance or support, bug fixes or error corrections to the Licensed Software,
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585 5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
586 STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
587 SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
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593 WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
594 DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
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603 Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
604 termination rights as set forth in Section 2.3 above. Upon any termination of this
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607 or that implement the Specifications. The rights and obligations contained in Sections 1,
608 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
610 8. General Provisions.
612 8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
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625 8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
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635 8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
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638 legal proceeding with respect to or arising under this Agreement shall be brought in, the
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640 of the State of California for the County of San Francisco.
642 8.6 U.S. Government Licenses. The Software and Documentation are considered a
643 "commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
644 software" and "commercial computer software documentation" as such terms are used in
645 48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
646 48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
648 8.7 Severability. If any provision of this Agreement is held to be unenforceable under
649 applicable law, then such provision shall be excluded from this Agreement and the balance
650 of this Agreement shall be interpreted as if such provision were so excluded and shall be
651 enforceable in accordance with its terms. The court in its discretion may substitute for
652 the excluded provision an enforceable provision which in economic substance reasonably
653 approximates the excluded provision.
655 8.8 Compliance With Law. Licensee shall comply with all applicable laws and
656 regulations (including privacy laws and regulations) having application to or governing its
657 use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
658 and against any claims, damages, losses or obligations suffered or incurred by InMon
659 arising from its failure to so comply.
661 8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
662 entire agreement between the parties with respect to the subject matter hereof, and
663 supersedes any previous proposals, negotiations, agreements, or arrangements, whether
664 verbal or written, made between the parties with respect to such subject matter. This
665 Agreement shall control over any additional or conflicting terms in any of Licensee's
666 purchase orders or other business forms. This Agreement may only be amended or modified
667 by mutual agreement of authorized representatives of the parties in writing.
670 580 California Street, 5th Floor, San Francisco, CA 94104
671 Phone: (415) 283-3260
673 Email: info@inmon.com