[ovs-dev] [PATCH 2/2] debian: Add sFlow license information and text to copyright.in.

Ethan Jackson ethan at nicira.com
Fri Jan 13 21:46:09 UTC 2012


Looks good to me.

Ethan

On Mon, Dec 12, 2011 at 09:43, Ben Pfaff <blp at nicira.com> wrote:
> sFlow licensing information was omitted from debian/copyright due to an
> oversight.  This commit adds it.
>
> Reported-by: Chris Wright <chrisw at sous-sol.org>
> Signed-off-by: Ben Pfaff <blp at nicira.com>
> ---
>  debian/copyright.in |  508 +++++++++++++++++++++++++++++++++++++++++++++++++++
>  1 files changed, 508 insertions(+), 0 deletions(-)
>
> diff --git a/debian/copyright.in b/debian/copyright.in
> index 45be6bc..8d481bd 100644
> --- a/debian/copyright.in
> +++ b/debian/copyright.in
> @@ -86,6 +86,24 @@ License:
>   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 licenced under the
>   Python Software Foundation License Version 2.
>
> @@ -164,3 +182,493 @@ License:
>   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 at inmon.com
> +
> --
> 1.7.4.4
>
> _______________________________________________
> dev mailing list
> dev at openvswitch.org
> http://openvswitch.org/mailman/listinfo/dev



More information about the dev mailing list