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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/inmon-sflow
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-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.
-1 Sansome Street, 35th Floor, San Francisco, CA 94104
-Phone: (415) 946-8901
-URL: www.inmon.com
-Email: info@inmon.com
-