That patch was already committed a month ago. Thanks,
Ben. On Fri, Jan 13, 2012 at 01:46:09PM -0800, Ethan Jackson wrote: > Looks good to me. > > Ethan > > On Mon, Dec 12, 2011 at 09:43, Ben Pfaff <b...@nicira.com> wrote: > > sFlow licensing information was omitted from debian/copyright due to an > > oversight. ?This commit adds it. > > > > Reported-by: Chris Wright <chr...@sous-sol.org> > > Signed-off-by: Ben Pfaff <b...@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: i...@inmon.com > > + > > -- > > 1.7.4.4 > > > > _______________________________________________ > > dev mailing list > > dev@openvswitch.org > > http://openvswitch.org/mailman/listinfo/dev _______________________________________________ dev mailing list dev@openvswitch.org http://openvswitch.org/mailman/listinfo/dev