HP ProCurve 530 NA (J8986A) Management And Configuration Manual page 531

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
Open Source Licenses
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