Added new license (insmon-sflow) for net-analyzer/sflowtool.

1 files changed, 181 insertions, 0 deletions

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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.

+580 California Street, 5th Floor, San Francisco, CA 94104

+Phone: (415) 283-3260

+URL:   www.inmon.com

+Email: info@inmon.com

+