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