The original sources for this package can be found at:

http://openvswitch.org/

Upstream Authors (from AUTHORS):

%AUTHORS%

Upstream Copyright Holders:

Copyright (c) 2007, 2008, 2009, 2010, 2011, 2012, 2013 Nicira, Inc.

Copyright (c) 2010 Jean Tourrilhes - HP-Labs.

Copyright (c) 2008,2009,2010 Citrix Systems, Inc.

and authors listed above.

Copyright (c) 2011 Gaetano Catalli

Copyright (C) 2000-2003 Geoffrey Wossum (gwossum@acm.org)

Copyright (C) 2000 The NetBSD Foundation, Inc.

Copyright (C) 1995, 1996, 1997, and 1998 WIDE Project.

Copyright (c) 1982, 1986, 1990, 1993 The Regents of the University of California.

Copyright (c) 2008, 2012 Vincent Bernat <bernat@luffy.cx>

Copyright (c) 2014 Michael Chapman

Copyright (c) 2014 WindRiver, Inc.

Copyright (c) 2014 Avaya, Inc.

Copyright (c) 2001 Daniel Hartmeier

Copyright (c) 2002 - 2008 Henning Brauer

Copyright (c) 2012 Gleb Smirnoff <glebius@FreeBSD.org>

License:

* The following components are licensed under the

GNU Lesser General Public License version 2.1 only

with the exception clause below as a pre-amble.

xenserver/etc_xensource_scripts_vif

xenserver/opt_xensource_libexec_InterfaceReconfigure.py

xenserver/opt_xensource_libexec_InterfaceReconfigureBridge.py

xenserver/opt_xensource_libexec_InterfaceReconfigureVswitch.py

xenserver/opt_xensource_libexec_interface-reconfigure

xenserver/usr_lib_xsconsole_plugins-base_XSFeatureVSwitch.py

* These components are only distributed in the source package.

They do not appear in any binary packages.

On Debian systems, the complete text of the

GNU Lesser General Public License version 2.1 can be found in

`/usr/share/common-licenses/LGPL-2.1'

The exception clause pre-amble reads:

As a special exception to the GNU Lesser General Public License, you

may link, statically or dynamically, a "work that uses the Library"

with a publicly distributed version of the Library to produce an

executable file containing portions of the Library, and distribute

that executable file under terms of your choice, without any of the

additional requirements listed in clause 6 of the GNU Lesser General

Public License. By "a publicly distributed version of the Library",

we mean either the unmodified Library as distributed, or a

modified version of the Library that is distributed under the

conditions defined in clause 3 of the GNU Library General Public

License. This exception does not however invalidate any other reasons

why the executable file might be covered by the GNU Lesser General

Public License.

* The following components are licensed under the

GNU Lesser General Public License version 2.1.

utilities/bugtool/ovs-bugtool

utilities/bugtool/ovs-bugtool-*

utilities/bugtool/plugins/kernel-info/openvswitch.xml

utilities/bugtool/plugins/network-status/openvswitch.xml

utilities/bugtool/plugins/system-configuration.xml

utilities/bugtool/plugins/system-configuration/openvswitch.xml

On Debian systems, the complete text of the

GNU Lesser General Public License version 2.1 can be found in

`/usr/share/common-licenses/LGPL-2.1'

* The following component is licensed under the GNU General Public License

version 2.

datapath/

On Debian systems, the complete text of the GNU General Public License

version 2 can be found in `/usr/share/common-licenses/GPL-2'

* The following file is licensed under the GNU General Public License

version 2.

build-aux/cccl

* The following files are licensed under the 2-clause BSD license.

lib/getopt_long.c

include/windows/getopt.h

datapath-windows/ovsext/Conntrack-tcp.c

lib/conntrack-tcp.c

* The following files are licensed under the 3-clause BSD-license

include/windows/netinet/icmp6.h

include/windows/netinet/ip6.h

lib/strsep.c

* The following components are dual-licensed under the

GNU General Public License version 2 and the Apache License Version 2.0.

datapath/linux/compat/include/linux/openvswitch.h

On Debian systems, the complete text of the GNU General Public License

version 2 can be found in `/usr/share/common-licenses/GPL-2'.

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 licensed for use as desired without restriction:

lib/crc32c.c

* lib/ovs.tmac in the source distribution, and manpages in the

binaries, includes troff macros from groff 1.21 that contain the

following notice:

.\" an-ext.tmac

.\"

.\" Written by Eric S. Raymond <esr@thyrsus.com>

.\" Werner Lemberg <wl@gnu.org>

.\"

.\" Version 2007-Feb-02

.\"

.\" Copyright (C) 2007, 2009, 2011 Free Software Foundation, Inc.

.\" You may freely use, modify and/or distribute this file.

* m4/absolute-header.m4, by Derek Price, and m4/include_next.m4, by

Paul Eggert and Derek Price bear the following notices:

Copyright (C) 2006-2013 Free Software Foundation, Inc.

This file is free software; the Free Software Foundation

gives unlimited permission to copy and/or distribute it,

with or without modifications, as long as this notice is preserved.

* The following files are licensed under the ISC-license

lib/lldp/aa-structs.h

lib/lldp/lldpd.c

lib/lldp/lldpd.h

lib/lldp/lldpd-structs.c

lib/lldp/lldpd-structs.h

lib/lldp/lldp.c

lib/lldp/lldp-tlv.h

lib/lldp/lldp-const.h

* All other components of this package are licensed under

The Apache License Version 2.0.

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: info@inmon.com