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diff --git a/licenses/inmon-sflow b/licenses/inmon-sflow deleted file mode 100644 index d778cba73..000000000 --- a/licenses/inmon-sflow +++ /dev/null @@ -1,181 +0,0 @@ -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 - |