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authorBen Pfaff <blp@nicira.com>2011-12-12 09:42:09 -0800
committerBen Pfaff <blp@nicira.com>2011-12-12 10:33:51 -0800
commit0437aeb9e78f911043f3bd0a15ba0b6888b6ee6d (patch)
tree104055859d85287d04f2666a1a015c63b17a2886 /debian
parenta1d7b4b3517f6440ae109a59736d4947388d3172 (diff)
debian: Add sFlow license information and text to copyright.in.
sFlow licensing information was omitted from debian/copyright due to an oversight. This commit adds it. Reported-by: Chris Wright <chrisw@sous-sol.org> Signed-off-by: Ben Pfaff <blp@nicira.com>
Diffstat (limited to 'debian')
-rw-r--r--debian/copyright.in508
1 files changed, 508 insertions, 0 deletions
diff --git a/debian/copyright.in b/debian/copyright.in
index 5a0bcfca..58db93a9 100644
--- a/debian/copyright.in
+++ b/debian/copyright.in
@@ -83,6 +83,24 @@ License:
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 licenced under the
Python Software Foundation License Version 2.
@@ -161,3 +179,493 @@ License:
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
+