/usr/share/doc/openvswitch-datapath-dkms/copyright

The original sources for this package can be found at:

http://openvswitch.org/

Upstream Authors (from AUTHORS):

Aaron Rosen arosen@clemson.edu
Alexey I. Froloff raorn@altlinux.org
Andrew Evans aevans@nicira.com
Andrew Lambeth wal@nicira.com
Andy Southgate andy.southgate@citrix.com
Ben Pfaff blp@nicira.com
Brian Kruger bkruger+ovsdev@gmail.com
Bryan Phillippe bp@toroki.com
Casey Barker crbarker@google.com
Chris Wright chrisw@sous-sol.org
Chuck Short zulcss@ubuntu.com
Dan Wendlandt dan@nicira.com
Daniel Roman droman@nicira.com
David Erickson derickso@stanford.edu
Dominic Curran dominic.curran@citrix.com
Edward Tomasz Napierała trasz@freebsd.org
Ethan Jackson ethan@nicira.com
Gaetano Catalli gaetano.catalli@gmail.com
Giuseppe Lettieri g.lettieri@iet.unipi.it
Glen Gibb grg@stanford.edu
Hao Zheng hzheng@nicira.com
Ian Campbell Ian.Campbell@citrix.com
Jean Tourrilhes jt@hpl.hp.com
Jeremy Stribling strib@nicira.com
Jesse Gross jesse@nicira.com
Joe Perches joe@perches.com
Jun Nakajima jun.nakajima@intel.com
Justin Pettit jpettit@nicira.com
Keith Amidon keith@nicira.com
Martin Casado casado@nicira.com
Natasha Gude natasha@nicira.com
Neil McKee neil.mckee@inmon.com
Paul Fazzone pfazzone@nicira.com
Philippe Jung phil.jung@free.fr
Pravin B Shelar pshelar@nicira.com
Reid Price reid@nicira.com
Romain Lenglet romain.lenglet@berabera.info
Sajjad Lateef slateef@nicira.com
Sanjay Sane ssane@nicira.com
Shih-Hao Li shli@nicira.com
Simon Horman horms@verge.net.au
Tetsuo NAKAGAWA nakagawa@mxc.nes.nec.co.jp
Thomas Lacroix thomas.lacroix@citrix.com
Todd Deshane deshantm@gmail.com
Tom Everman teverman@google.com
Tsvi Slonim tsvi@toroki.com
Tyler Coumbes coumbes@gmail.com
Valient Gough vgough@pobox.com
Vivien Bernet-Rollande vbr@soprive.net
Wei Yongjun yjwei@cn.fujitsu.com
Yu Zhiguo yuzg@cn.fujitsu.com

Upstream Copyright Holders:

Copyright (c) 2007, 2008, 2009, 2010, 2011 Nicira Networks.
Copyright (c) 2010 Jean Tourrilhes - HP-Labs.
Copyright (c) 2008,2009,2010 Citrix Systems, Inc.
and authors listed above.

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-cfm-show
utilities/bugtool/ovs-bugtool-lacp-show
utilities/bugtool/ovs-bugtool-tc-class-show
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 components are dual-licensed under the
GNU General Public License version 2 and the Apache License Version 2.0.

include/linux/openvswitch.h
include/openvswitch/brcompat-netlink.h
include/openvswitch/datapath-compat.h
include/openvswitch/tunnel.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 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
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7. Nothing in this License Agreement shall be deemed to create any
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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.

* 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): _______________________________________

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
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"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
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"Specifications" means the published specifications provided or otherwise made available by
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"Trademark" means InMon's "sFlow(R)" trademark.

2. License Grant.

2.1 Software, Documentation and Specifications License Grant. InMon hereby grants to
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to InMon's termination rights under Section 7 below), nonexclusive, royalty-free, worldwide,
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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,
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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
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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
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4. Support. Inmon shall have no obligation under this Agreement to (a) supply
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5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR
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SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
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LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,
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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
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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

openvswitch-datapath-dkms 1.4.2+git20120612-9.1~deb7u1.1 / usr / share / doc / openvswitch-datapath-dkms / copyright