717 lines
35 KiB
Plaintext
717 lines
35 KiB
Plaintext
The original sources for this package can be found at:
|
|
|
|
http://openvswitch.org/
|
|
|
|
Upstream Authors (from AUTHORS):
|
|
|
|
%AUTHORS%
|
|
|
|
Upstream Copyright Holders:
|
|
|
|
Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012, 2013 Nicira, Inc.
|
|
Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
|
|
Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
|
|
and authors listed above.
|
|
Copyright (c) 2011 Gaetano Catalli
|
|
Copyright (C) 2000-2003 Geoffrey Wossum (gwossum@acm.org)
|
|
Copyright (C) 2000 The NetBSD Foundation, Inc.
|
|
Copyright (C) 1995, 1996, 1997, and 1998 WIDE Project.
|
|
Copyright (c) 1982, 1986, 1990, 1993 The Regents of the University of California.
|
|
Copyright (c) 2008, 2012 Vincent Bernat <bernat@luffy.cx>
|
|
Copyright (c) 2014 Michael Chapman
|
|
Copyright (c) 2014 WindRiver, Inc.
|
|
Copyright (c) 2014 Avaya, Inc.
|
|
|
|
License:
|
|
|
|
* The following components are licensed under the
|
|
GNU Lesser General Public License version 2.1 only
|
|
with the exception clause below as a pre-amble.
|
|
|
|
xenserver/etc_xensource_scripts_vif
|
|
xenserver/opt_xensource_libexec_InterfaceReconfigure.py
|
|
xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py
|
|
xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py
|
|
xenserver/opt_xensource_libexec_interface-reconfigure
|
|
xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py
|
|
|
|
* These components are only distributed in the source package.
|
|
They do not appear in any binary packages.
|
|
|
|
On Debian systems, the complete text of the
|
|
GNU Lesser General Public License version 2.1 can be found in
|
|
`/usr/share/common-licenses/LGPL-2.1'
|
|
|
|
The exception clause pre-amble reads:
|
|
|
|
As a special exception to the GNU Lesser General Public License, you
|
|
may link, statically or dynamically, a "work that uses the Library"
|
|
with a publicly distributed version of the Library to produce an
|
|
executable file containing portions of the Library, and distribute
|
|
that executable file under terms of your choice, without any of the
|
|
additional requirements listed in clause 6 of the GNU Lesser General
|
|
Public License. By "a publicly distributed version of the Library",
|
|
we mean either the unmodified Library as distributed, or a
|
|
modified version of the Library that is distributed under the
|
|
conditions defined in clause 3 of the GNU Library General Public
|
|
License. This exception does not however invalidate any other reasons
|
|
why the executable file might be covered by the GNU Lesser General
|
|
Public License.
|
|
|
|
* The following components are licensed under the
|
|
GNU Lesser General Public License version 2.1.
|
|
|
|
utilities/bugtool/ovs-bugtool
|
|
utilities/bugtool/ovs-bugtool-*
|
|
utilities/bugtool/plugins/kernel-info/openvswitch.xml
|
|
utilities/bugtool/plugins/network-status/openvswitch.xml
|
|
utilities/bugtool/plugins/system-configuration.xml
|
|
utilities/bugtool/plugins/system-configuration/openvswitch.xml
|
|
|
|
On Debian systems, the complete text of the
|
|
GNU Lesser General Public License version 2.1 can be found in
|
|
`/usr/share/common-licenses/LGPL-2.1'
|
|
|
|
* The following component is licensed under the GNU General Public License
|
|
version 2.
|
|
|
|
datapath/
|
|
|
|
On Debian systems, the complete text of the GNU General Public License
|
|
version 2 can be found in `/usr/share/common-licenses/GPL-2'
|
|
|
|
* The following file is licensed under the GNU General Public License
|
|
version 2.
|
|
|
|
build-aux/cccl
|
|
|
|
* The following files are licensed under the 2-clause BSD license.
|
|
|
|
lib/getopt_long.c
|
|
include/windows/getopt.h
|
|
|
|
* The following files are licensed under the 3-clause BSD-license
|
|
|
|
include/windows/netinet/icmp6.h
|
|
include/windows/netinet/ip6.h
|
|
lib/strsep.c
|
|
|
|
* The following components are dual-licensed under the
|
|
GNU General Public License version 2 and the Apache License Version 2.0.
|
|
|
|
datapath/linux/compat/include/linux/openvswitch.h
|
|
|
|
On Debian systems, the complete text of the GNU General Public License
|
|
version 2 can be found in `/usr/share/common-licenses/GPL-2'.
|
|
On Debian systems, the complete text of the Apache License version 2.0
|
|
can be found in '/usr/share/common-licenses/Apache-2.0'.
|
|
|
|
* The following components are licensed under the terms of either the
|
|
Sun Industry Standard Source License 1.1 or the InMon sFlow License:
|
|
|
|
lib/sflow.h
|
|
lib/sflow_agent.c
|
|
lib/sflow_api.h
|
|
lib/sflow_poller.c
|
|
lib/sflow_receiver.c
|
|
lib/sflow_sampler.c
|
|
|
|
These licenses are available, respectively, the following URLs:
|
|
|
|
http://host-sflow.sourceforge.net/sissl.html
|
|
http://www.inmon.com/technology/sflowlicense.txt
|
|
|
|
The full text of each license is also appended to the end of this
|
|
file.
|
|
|
|
* The following components are licensed for use as desired without restriction:
|
|
|
|
lib/crc32c.c
|
|
|
|
* The following components are licensed under the
|
|
Python Software Foundation License Version 2.
|
|
|
|
python/compat/uuid.py
|
|
python/compat/argparse.py
|
|
|
|
* These components are only distributed in the source package.
|
|
They do not appear in any binary packages.
|
|
|
|
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
|
|
--------------------------------------------
|
|
|
|
1. This LICENSE AGREEMENT is between the Python Software Foundation
|
|
("PSF"), and the Individual or Organization ("Licensee") accessing and
|
|
otherwise using this software ("Python") in source or binary form and
|
|
its associated documentation.
|
|
|
|
2. Subject to the terms and conditions of this License Agreement, PSF
|
|
hereby grants Licensee a nonexclusive, royalty-free, world-wide
|
|
license to reproduce, analyze, test, perform and/or display publicly,
|
|
prepare derivative works, distribute, and otherwise use Python
|
|
alone or in any derivative version, provided, however, that PSF's
|
|
License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
|
|
2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation;
|
|
All Rights Reserved" are retained in Python alone or in any derivative
|
|
version prepared by Licensee.
|
|
|
|
3. In the event Licensee prepares a derivative work that is based on
|
|
or incorporates Python or any part thereof, and wants to make
|
|
the derivative work available to others as provided herein, then
|
|
Licensee hereby agrees to include in any such work a brief summary of
|
|
the changes made to Python.
|
|
|
|
4. PSF is making Python available to Licensee on an "AS IS"
|
|
basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
|
|
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
|
|
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
|
|
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
|
|
INFRINGE ANY THIRD PARTY RIGHTS.
|
|
|
|
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
|
|
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
|
|
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
|
|
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
|
|
|
6. This License Agreement will automatically terminate upon a material
|
|
breach of its terms and conditions.
|
|
|
|
7. Nothing in this License Agreement shall be deemed to create any
|
|
relationship of agency, partnership, or joint venture between PSF and
|
|
Licensee. This License Agreement does not grant permission to use PSF
|
|
trademarks or trade name in a trademark sense to endorse or promote
|
|
products or services of Licensee, or any third party.
|
|
|
|
8. By copying, installing or otherwise using Python, Licensee
|
|
agrees to be bound by the terms and conditions of this License
|
|
Agreement.
|
|
|
|
* lib/ovs.tmac in the source distribution, and manpages in the
|
|
binaries, includes troff macros from groff 1.21 that contain the
|
|
following notice:
|
|
|
|
.\" an-ext.tmac
|
|
.\"
|
|
.\" Written by Eric S. Raymond <esr@thyrsus.com>
|
|
.\" Werner Lemberg <wl@gnu.org>
|
|
.\"
|
|
.\" Version 2007-Feb-02
|
|
.\"
|
|
.\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.
|
|
.\" You may freely use, modify and/or distribute this file.
|
|
|
|
* m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by
|
|
Paul Eggert and Derek Price bear the following notices:
|
|
|
|
Copyright (C) 2006-2013 Free Software Foundation, Inc.
|
|
This file is free software; the Free Software Foundation
|
|
gives unlimited permission to copy and/or distribute it,
|
|
with or without modifications, as long as this notice is preserved.
|
|
|
|
* The following files are licensed under the ISC-license
|
|
|
|
lib/lldp/aa-structs.h
|
|
lib/lldp/lldpd.c
|
|
lib/lldp/lldpd.h
|
|
lib/lldp/lldpd-structs.c
|
|
lib/lldp/lldpd-structs.h
|
|
lib/lldp/lldp.c
|
|
lib/lldp/lldp-tlv.h
|
|
lib/lldp/lldp-const.h
|
|
|
|
* All other components of this package are licensed under
|
|
The Apache License Version 2.0.
|
|
|
|
On Debian systems, the complete text of the Apache License version 2.0
|
|
can be found in '/usr/share/common-licenses/Apache-2.0'.
|
|
|
|
----------------------------------------------------------------------
|
|
|
|
Retrieved from http://host-sflow.sourceforge.net/sissl.html, 2011-12-12:
|
|
|
|
Sun Industry Standards Source License - Version 1.1
|
|
|
|
1.0 DEFINITIONS
|
|
|
|
1.1 "Commercial Use" means distribution or otherwise making the
|
|
Original Code available to a third party.
|
|
|
|
1.2 "Contributor Version" means the combination of the Original Code,
|
|
and the Modifications made by that particular Contributor.
|
|
|
|
1.3 "Electronic Distribution Mechanism" means a mechanism generally
|
|
accepted in the software development community for the electronic
|
|
transfer of data.
|
|
|
|
1.4 "Executable" means Original Code in any form other than Source
|
|
Code.
|
|
|
|
1.5 "Initial Developer" means the individual or entity identified as
|
|
the Initial Developer in the Source Code notice required by Exhibit A.
|
|
|
|
1.6 "Larger Work" means a work which combines Original Code or portions
|
|
thereof with code not governed by the terms of this License.
|
|
|
|
1.7 "License" means this document.
|
|
|
|
1.8 "Licensable" means having the right to grant, to the maximum extent
|
|
possible, whether at the time of the initial grant or subsequently
|
|
acquired, any and all of the rights conveyed herein.
|
|
|
|
1.9 "Modifications" means any addition to or deletion from the
|
|
substance or structure of either the Original Code or any previous
|
|
Modifications. A Modification is:
|
|
|
|
A. Any addition to or deletion from the contents of a file containing
|
|
Original Code or previous Modifications.
|
|
|
|
B. Any new file that contains any part of the Original Code or previous
|
|
Modifications.
|
|
|
|
1.10 "Original Code" means Source Code of computer software code which
|
|
is described in the Source Code notice required by Exhibit A as
|
|
Original Code.
|
|
|
|
1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
|
|
acquired, including without limitation, method, process, and apparatus
|
|
claims, in any patent Licensable by grantor.
|
|
|
|
1.12 "Source Code" means the preferred form of the Original Code for
|
|
making modifications to it, including all modules it contains, plus any
|
|
associated interface definition files, or scripts used to control
|
|
compilation and installation of an Executable.
|
|
|
|
1.13 "Standards" means the standards identified in Exhibit B.
|
|
|
|
1.14 "You" (or "Your") means an individual or a legal entity exercising
|
|
rights under, and complying with all of the terms of, this License or a
|
|
future version of this License issued under Section 6.1. For legal
|
|
entities, "You'' includes any entity which controls, is controlled by,
|
|
or is under common control with You. For purposes of this definition,
|
|
"control'' means (a) the power, direct or indirect, to cause the
|
|
direction or management of such entity, whether by contract or
|
|
otherwise, or (b) ownership of more than fifty percent (50%) of the
|
|
outstanding shares or beneficial ownership of such entity.
|
|
|
|
2.0 SOURCE CODE LICENSE
|
|
|
|
2.1 The Initial Developer Grant
|
|
The Initial Developer hereby grants You a world-wide, royalty-free,
|
|
non-exclusive license, subject to third party intellectual property
|
|
claims:
|
|
|
|
(a) under intellectual property rights (other than patent or trademark)
|
|
Licensable by Initial Developer to use, reproduce, modify, display,
|
|
perform, sublicense and distribute the Original Code (or portions
|
|
thereof) with or without Modifications, and/or as part of a Larger
|
|
Work; and
|
|
|
|
(b) under Patents Claims infringed by the making, using or selling of
|
|
Original Code, to make, have made, use, practice, sell, and offer for
|
|
sale, and/or otherwise dispose of the Original Code (or portions
|
|
thereof).
|
|
|
|
(c) the licenses granted in this Section 2.1(a) and (b) are effective
|
|
on the date Initial Developer first distributes Original Code under the
|
|
terms of this License.
|
|
|
|
(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
|
|
1) for code that You delete from the Original Code; 2) separate from
|
|
the Original Code; or 3) for infringements caused by: i) the
|
|
modification of the Original Code or ii) the combination of the
|
|
Original Code with other software or devices, including but not limited
|
|
to Modifications.
|
|
3.0 DISTRIBUTION OBLIGATIONS
|
|
|
|
3.1 Application of License.
|
|
The Source Code version of Original Code may be distributed only under
|
|
the terms of this License or a future version of this License released
|
|
under Section 6.1, and You must include a copy of this License with
|
|
every copy of the Source Code You distribute. You may not offer or
|
|
impose any terms on any Source Code version that alters or restricts
|
|
the applicable version of this License or the recipients' rights
|
|
hereunder. Your license for shipment of the Contributor Version is
|
|
conditioned upon Your full compliance with this Section. The
|
|
Modifications which You create must comply with all requirements set
|
|
out by the Standards body in effect one hundred twenty (120) days
|
|
before You ship the Contributor Version. In the event that the
|
|
Modifications do not meet such requirements, You agree to publish
|
|
either (i) any deviation from the Standards protocol resulting from
|
|
implementation of Your Modifications and a reference implementation of
|
|
Your Modifications or (ii) Your Modifications in Source Code form, and
|
|
to make any such deviation and reference implementation or
|
|
Modifications available to all third parties under the same terms as
|
|
this license on a royalty free basis within thirty (30) days of Your
|
|
first customer shipment of Your Modifications.
|
|
|
|
3.2 Required Notices.
|
|
You must duplicate the notice in Exhibit A in each file of the Source
|
|
Code. If it is not possible to put such notice in a particular Source
|
|
Code file due to its structure, then You must include such notice in a
|
|
location (such as a relevant directory) where a user would be likely to
|
|
look for such a notice. If You created one or more Modification(s) You
|
|
may add Your name as a Contributor to the notice described in Exhibit
|
|
A. You must also duplicate this License in any documentation for the
|
|
Source Code where You describe recipients' rights or ownership rights
|
|
relating to Initial Code. You may choose to offer, and to charge a fee
|
|
for, warranty, support, indemnity or liability obligations to one or
|
|
more recipients of Your version of the Code. However, You may do so
|
|
only on Your own behalf, and not on behalf of the Initial Developer.
|
|
You must make it absolutely clear than any such warranty, support,
|
|
indemnity or liability obligation is offered by You alone, and You
|
|
hereby agree to indemnify the Initial Developer for any liability
|
|
incurred by the Initial Developer as a result of warranty, support,
|
|
indemnity or liability terms You offer.
|
|
|
|
3.3 Distribution of Executable Versions.
|
|
You may distribute Original Code in Executable and Source form only if
|
|
the requirements of Sections 3.1 and 3.2 have been met for that
|
|
Original Code, and if You include a notice stating that the Source Code
|
|
version of the Original Code is available under the terms of this
|
|
License. The notice must be conspicuously included in any notice in an
|
|
Executable or Source versions, related documentation or collateral in
|
|
which You describe recipients' rights relating to the Original Code.
|
|
You may distribute the Executable and Source versions of Your version
|
|
of the Code or ownership rights under a license of Your choice, which
|
|
may contain terms different from this License, provided that You are in
|
|
compliance with the terms of this License. If You distribute the
|
|
Executable and Source versions under a different license You must make
|
|
it absolutely clear that any terms which differ from this License are
|
|
offered by You alone, not by the Initial Developer. You hereby agree to
|
|
indemnify the Initial Developer for any liability incurred by the
|
|
Initial Developer as a result of any such terms You offer.
|
|
|
|
3.4 Larger Works.
|
|
You may create a Larger Work by combining Original Code with other code
|
|
not governed by the terms of this License and distribute the Larger
|
|
Work as a single product. In such a case, You must make sure the
|
|
requirements of this License are fulfilled for the Original Code.
|
|
|
|
4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
|
|
|
|
If it is impossible for You to comply with any of the terms of this
|
|
License with respect to some or all of the Original Code due to
|
|
statute, judicial order, or regulation then You must: (a) comply with
|
|
the terms of this License to the maximum extent possible; and (b)
|
|
describe the limitations and the code they affect. Such description
|
|
must be included in the LEGAL file described in Section 3.2 and must be
|
|
included with all distributions of the Source Code. Except to the
|
|
extent prohibited by statute or regulation, such description must be
|
|
sufficiently detailed for a recipient of ordinary skill to be able to
|
|
understand it.
|
|
|
|
5.0 APPLICATION OF THIS LICENSE
|
|
|
|
This License applies to code to which the Initial Developer has
|
|
attached the notice in Exhibit A and to related Modifications as set
|
|
out in Section 3.1.
|
|
|
|
6.0 VERSIONS OF THE LICENSE
|
|
|
|
6.1 New Versions.
|
|
Sun may publish revised and/or new versions of the License from time to
|
|
time. Each version will be given a distinguishing version number.
|
|
|
|
6.2 Effect of New Versions.
|
|
Once Original Code has been published under a particular version of the
|
|
License, You may always continue to use it under the terms of that
|
|
version. You may also choose to use such Original Code under the terms
|
|
of any subsequent version of the License published by Sun. No one other
|
|
than Sun has the right to modify the terms applicable to Original Code.
|
|
|
|
7.0 DISCLAIMER OF WARRANTY
|
|
|
|
ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
|
|
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
|
|
WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
|
|
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
|
|
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
|
|
IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
|
|
YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
|
|
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
|
|
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
|
|
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
|
|
|
8.0 TERMINATION
|
|
|
|
8.1 This License and the rights granted hereunder will terminate
|
|
automatically if You fail to comply with terms herein and fail to cure
|
|
such breach within 30 days of becoming aware of the breach. All
|
|
sublicenses to the Original Code which are properly granted shall
|
|
survive any termination of this License. Provisions which, by their
|
|
nature, must remain in effect beyond the termination of this License
|
|
shall survive.
|
|
|
|
8.2 In the event of termination under Section 8.1 above, all end user
|
|
license agreements (excluding distributors and resellers) which have
|
|
been validly granted by You or any distributor hereunder prior to
|
|
termination shall survive termination.
|
|
|
|
9.0 LIMIT OF LIABILITY
|
|
|
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
|
|
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
|
|
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
|
|
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
|
|
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
|
|
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
|
|
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
|
|
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
|
|
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
|
|
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
|
|
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
|
|
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
|
|
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
|
|
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
|
|
|
|
10.0 U.S. GOVERNMENT END USERS
|
|
|
|
U.S. Government: If this Software is being acquired by or on behalf of
|
|
the U.S. Government or by a U.S. Government prime contractor or
|
|
subcontractor (at any tier), then the Government's rights in the
|
|
Software and accompanying documentation shall be only as set forth in
|
|
this license; this is in accordance with 48 C.F.R. 227.7201 through
|
|
227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
|
|
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
|
|
|
|
11.0 MISCELLANEOUS
|
|
|
|
This License represents the complete agreement concerning subject
|
|
matter hereof. If any provision of this License is held to be
|
|
unenforceable, such provision shall be reformed only to the extent
|
|
necessary to make it enforceable. This License shall be governed by
|
|
California law provisions (except to the extent applicable law, if any,
|
|
provides otherwise), excluding its conflict-of-law provisions. With
|
|
respect to disputes in which at least one party is a citizen of, or an
|
|
entity chartered or registered to do business in the United States of
|
|
America, any litigation relating to this License shall be subject to
|
|
the jurisdiction of the Federal Courts of the Northern District of
|
|
California, with venue lying in Santa Clara County, California, with
|
|
the losing party responsible for costs, including without limitation,
|
|
court costs and reasonable attorneys' fees and expenses. The
|
|
application of the United Nations Convention on Contracts for the
|
|
International Sale of Goods is expressly excluded. Any law or
|
|
regulation which provides that the language of a contract shall be
|
|
construed against the drafter shall not apply to this License.
|
|
|
|
EXHIBIT A - Sun Standards License
|
|
"The contents of this file are subject to the Sun Standards
|
|
License Version 1.1 (the "License");
|
|
You may not use this file except in compliance with the
|
|
License. You may obtain a copy of the
|
|
License at _______________________________.
|
|
|
|
Software distributed under the License is distributed on
|
|
an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
|
|
express or implied. See the License for the specific
|
|
language governing rights and limitations under the License.
|
|
|
|
The Original Code is ______________________________________.
|
|
|
|
The Initial Developer of the Original Code is:
|
|
InMon Corp.
|
|
|
|
Portions created by: _______________________________________
|
|
|
|
are Copyright (C): _______________________________________
|
|
|
|
All Rights Reserved.
|
|
|
|
Contributor(s): _______________________________________
|
|
|
|
EXHIBIT B - Standards
|
|
|
|
The Standard is defined as the following:
|
|
|
|
sFlow Specification, located at
|
|
[1]http://sflow.org/developers/specifications.php
|
|
|
|
References
|
|
|
|
1. http://sflow.org/developers/specifications.php
|
|
|
|
----------------------------------------------------------------------
|
|
|
|
Retrieved from http://www.inmon.com/technology/sflowlicense.txt, 2011-12-12:
|
|
|
|
LICENSE AGREEMENT
|
|
|
|
PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE REPRODUCING OR IN ANY WAY
|
|
UTILIZING THE sFlow(R) SOFTWARE ("SOFTWARE") AND/OR ANY ACCOMPANYING DOCUMENTATION
|
|
("DOCUMENTATION") AND/OR THE RELATED SPECIFICATIONS ("SPECIFICATIONS"). YOUR REPRODUCTION
|
|
OR USE OF THE SOFTWARE AND/OR THE DOCUMENTATION AND/OR THE SPECIFICATIONS CONSTITUTES YOUR
|
|
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
|
|
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REPRODUCE OR IN ANY WAY UTILIZE
|
|
THE SOFTWARE OR THE DOCUMENTATION OR THE SPECIFICATIONS.
|
|
|
|
1. Definitions.
|
|
|
|
"Documentation" means the user manuals, training materials, and operating materials, if any,
|
|
InMon provides to Licensee under this Agreement.
|
|
|
|
"InMon" means InMon Corporation, its affiliates and subsidiaries.
|
|
|
|
"Intellectual Property Rights" means any trade secrets, patents, including without
|
|
limitation any patents covering the Software, copyrights, know-how, moral rights and
|
|
similar rights of any type under the laws of any governmental authority, domestic or
|
|
foreign, including all applications and registrations relating to any of the foregoing.
|
|
|
|
"Licensee Hardware" means all computers, routers, or other equipment owned or controlled by
|
|
or on behalf of Licensee.
|
|
|
|
"Products" means any and all software applications, computers, routers, or other equipment
|
|
manufactured by or on behalf of Licensee for the purpose of resale or lease to any other
|
|
third party, or otherwise made available by Licensee free of charge.
|
|
|
|
"Software" means the sFlow(R) software programs, in source or binary code format, that
|
|
Licensee licenses from InMon under this Agreement and any bug fixes or error corrections
|
|
which InMon may provide to Licensee.
|
|
|
|
"Specifications" means the published specifications provided or otherwise made available by
|
|
InMon at: http://www.sflow.org.
|
|
|
|
"Trademark" means InMon's "sFlow(R)" trademark.
|
|
|
|
2. License Grant.
|
|
|
|
2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
|
|
Licensee, under all of InMon's Intellectual Property Rights therein, a perpetual (subject
|
|
to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
|
|
transferable, sublicensable license, to: (i) use and reproduce the Software, the
|
|
Documentation, and the Specifications; (ii) modify the Software; (iii) implement the
|
|
Specifications in the Products; (iv) install the Software, or software in which the
|
|
Specifications have been implemented, on Licensee Hardware and Products, and (v) distribute
|
|
any Products that include the Software, the Documentation, or software in which the
|
|
Specifications have been implemented.
|
|
|
|
2.2 Trademark License. InMon hereby grants to Licensee a perpetual (subject to InMon's
|
|
termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
|
|
transferable, sublicensable license to use the Trademark on or in connection with the
|
|
Software, the Documentation, the Specifications and any software that implements the
|
|
Specifications.
|
|
|
|
2.3 Restrictions. Licensee agrees that it will not use the Software in a way
|
|
inconsistent with the license granted in Section 2.1. Further, Licensee agrees that, in
|
|
exercising its rights under the license granted to it in this Agreement, Licensee will:
|
|
(i) strictly adhere to and fully comply with the Specifications; (ii) use the Trademark,
|
|
and no other mark, to identify the Software, the Documentation, the Specifications and any
|
|
Products that implement the Specifications; (iii) place, in a font or graphic design
|
|
designated by InMon, the phrase "sFlow(R)" on any technical documentation,
|
|
sales/marketing materials, catalogs, or other such materials relating to products it
|
|
manufactures or markets which it has configured to be compatible with the Software or
|
|
otherwise implement the Specifications; (iv) in connection with any Products shipped to or
|
|
sold in other countries that include the Software or any software that implements the
|
|
Specifications, comply with the patent and trademark laws and practice of such other
|
|
country; and (v) not alter or impair any acknowledgment of copyright or trademark rights of
|
|
InMon that may appear in or on the Software, the Documentation or the Specifications. In
|
|
the event InMon determines that Licensee is not complying with its obligations under
|
|
clauses (i)-(v) above, InMon shall notify Licensee of such non-compliance, and if Licensee
|
|
fails to correct such non-compliance within three (3) months, InMon may immediately
|
|
terminate this Agreement as provided under paragraph 7 below and pursue any and all
|
|
actions and remedies as it deems necessary, including, but not limited to breach of
|
|
contract.
|
|
|
|
3. Ownership. Except for the license expressly granted in Section 2, Inmon hereby
|
|
retains all right, title, and interest in and to the Trademark and all its Intellectual
|
|
Property Rights in the Software, the Documentation and the Specifications. Licensee
|
|
obtains no rights hereunder in the Trademark, Software, Documentation or Specifications by
|
|
implication, estoppel or otherwise. Licensee acknowledges that the Trademark, Software,
|
|
Documentation and Specifications are being licensed and not sold under this Agreement, and
|
|
that this Agreement does not transfer title in the Trademark, Software, Documentation or
|
|
Specifications, or any copy thereof, to Licensee.
|
|
|
|
4. Support. Inmon shall have no obligation under this Agreement to (a) supply
|
|
maintenance or support, bug fixes or error corrections to the Licensed Software,
|
|
(b) supply future versions of the Licensed Software or (c) provide Licensed Software
|
|
development tools to Licensee.
|
|
|
|
5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
|
|
STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
|
|
SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
|
|
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL
|
|
PROPERTY RIGHTS.
|
|
|
|
6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR LICENSORS BE
|
|
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
|
|
WHETHER RELATED TO OR ARISING OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE
|
|
DOCUMENTATION, THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
|
|
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE
|
|
GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER
|
|
PECUNIARY LOSS, EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
|
|
DAMAGES.
|
|
|
|
7. Term and Termination. The term of this Agreement will begin on the Effective Date,
|
|
which shall be deemed to be the date of delivery of the Software and/or Documentation and/or
|
|
Specifications to Licensee, and shall continue indefinitely unless and until terminated by
|
|
Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
|
|
termination rights as set forth in Section 2.3 above. Upon any termination of this
|
|
Agreement, Licensee shall cease exercising its license rights under this Agreement,
|
|
including the right to distribute Products that incorporate the Software or Documentation
|
|
or that implement the Specifications. The rights and obligations contained in Sections 1,
|
|
3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
|
|
|
|
8. General Provisions.
|
|
|
|
8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
|
|
parties hereto and their permitted successors and permitted assigns. InMon will have the
|
|
right to assign this Agreement without notice to Licensee. Licensee may assign or transfer
|
|
(whether by merger, operation of law or in any other manner) any of its rights or delegate
|
|
any of its obligations hereunder without the prior written consent of InMon, provided the
|
|
assignee assumes in writing all of Licensee's obligations hereunder.
|
|
|
|
8.2 Notices. All notices permitted or required under this Agreement shall be in
|
|
writing and shall be delivered in person or mailed by first class, registered or certified
|
|
mail, postage prepaid, to the address of the party specified in this Agreement or such
|
|
other address as either party may specify in writing. Such notice shall be deemed to have
|
|
been given upon receipt.
|
|
|
|
8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
|
|
excused, unless such waiver or consent shall be in writing and signed by the party claimed
|
|
to have waived or consented. Any consent or waiver, whether express or implied, shall not
|
|
constitute a consent or waiver of, or excuse for any separate, different or subsequent
|
|
breach.
|
|
|
|
8.4 Independent Contractor. The parties' relationship shall be solely that of
|
|
independent contractors, and nothing contained in this Agreement shall be construed to make
|
|
either party an agent, partner, representative or principal of the other for any purpose.
|
|
|
|
8.5 Choice of Law and Forum. This Agreement shall be governed by and construed under
|
|
the laws of the State of California, without giving effect to such state's conflict of laws
|
|
principles. The parties hereby submit to the personal jurisdiction of, and agree that any
|
|
legal proceeding with respect to or arising under this Agreement shall be brought in, the
|
|
United States District Court for the Northern District of California or the state courts
|
|
of the State of California for the County of San Francisco.
|
|
|
|
8.6 U.S. Government Licenses. The Software and Documentation are considered a
|
|
"commercial item" as that term is defined at 48 C.F.R 2.101, or "commercial computer
|
|
software" and "commercial computer software documentation" as such terms are used in
|
|
48 C.F.R 12.212 of the Federal Acquisition Regulations and its successors, and
|
|
48 C.F.R. 227.7202 of the DoD FAR Supplement and its successors.
|
|
|
|
8.7 Severability. If any provision of this Agreement is held to be unenforceable under
|
|
applicable law, then such provision shall be excluded from this Agreement and the balance
|
|
of this Agreement shall be interpreted as if such provision were so excluded and shall be
|
|
enforceable in accordance with its terms. The court in its discretion may substitute for
|
|
the excluded provision an enforceable provision which in economic substance reasonably
|
|
approximates the excluded provision.
|
|
|
|
8.8 Compliance With Law. Licensee shall comply with all applicable laws and
|
|
regulations (including privacy laws and regulations) having application to or governing its
|
|
use and/or operation of the Software and agrees to indemnify and hold InMon harmless from
|
|
and against any claims, damages, losses or obligations suffered or incurred by InMon
|
|
arising from its failure to so comply.
|
|
|
|
8.9 Entire Agreement; Amendment. This Agreement constitutes the final, complete and
|
|
entire agreement between the parties with respect to the subject matter hereof, and
|
|
supersedes any previous proposals, negotiations, agreements, or arrangements, whether
|
|
verbal or written, made between the parties with respect to such subject matter. This
|
|
Agreement shall control over any additional or conflicting terms in any of Licensee's
|
|
purchase orders or other business forms. This Agreement may only be amended or modified
|
|
by mutual agreement of authorized representatives of the parties in writing.
|
|
|
|
InMon Corp.
|
|
580 California Street, 5th Floor, San Francisco, CA 94104
|
|
Phone: (415) 283-3260
|
|
URL: www.inmon.com
|
|
Email: info@inmon.com
|