Gateway Daemon Release 3
Redistribution License
Introduction and Background
GateD BACKGROUND
The GateDaemon Project at Merit at the University of Michigan ("Merit")
produces the GateD software, an implementation of several routing protocols as
a daemon to run on various versions of Unix. GateDaemon was originated and
developed through release 3.0 by Cornell University and its collaborators with
funding from the National Science Foundation and other sources and with
important contributions of code, testing, and documentation from a number of
organizations. Merit provides copies of GateD upon request and at no charge
for use as specified in the copyright and other restrictions contained in the
GateD source files.
REDISTRIBUTION OF GateD
Those who wish to redistribute GateD may do so under agreement with Merit.
Anyone wishing to transfer GateD or any part of GateD to any third party must
first execute the GateD Redistribution License corresponding with the version
of GateD to be redistributed. The GateD Redistribution License entails no
license fee. Instead, licensees are required to submit to Merit for
distribution to the user community certain modifications and enhancements
which they create or are created on their behalf using GateD. Such
distribution of licensee-developed enhancements is for the benefit of the
GateD user community and subject only to the GateD source file restrictions
and, if applicable, to the appropriate GateD Redistribution License.
The organizations who have shared in the ongoing development of GateD have
done so in part based on their confidence that others in the user community
will contribute on the same terms. However, the requirement to share GateD
enhancements may conflict with an organization's effort to develop products
for commercial use which may overlap GateD in function. The attached version
of the GateD Redistribution License defines in greater detail the enhancements
or modifications which are required to be returned for the benefit of the user
community. As well, the agreement provides for certain cases which may be
legitimately excluded from the requirement to return enhancements. GateD
enhancements which entail third party proprietary materials, for example, are
not required to be returned. Further, a provision has been added to allow a
monetary contribution in lieu of return of particular enhancements. This
provision allows GateD to be utilized in contexts which may become proprietary
to a licensee while ensuring that such use contributes to the continued
development, enhancement, support and public availability of the software.
Please note that Merit's continued ability to make GateD available to the user
community at no charge is contingent upon the University's incurring no
additional liability from licensee's use of the software. Accordingly, the
attached GateD Redistribution License holds Merit harmless from liability
arising from licensee's use of GateD under the agreement. As written, the
scope of liability protection reserved by Merit is limited to only that which
would not have arisen but for a licensee's use of GateD. In addition, the
indemnification of Merit is further qualified to exclude liability resulting
from University negligence.
The rights conveyed to Licensees under the GateD Redistribution License are
non-transferable. If a licensee's plans for redistribution of GateD entail
further redistribution by third parties, in collaboration with the licensee or
otherwise, such third parties should be referred to Merit so that separate
GateD Redistribution Licenses may be executed.
Major versions of GateD are released at irregular intervals, usually more than
a year apart, when significant new functionality has been added. Execution of
a new GateD Redistribution License is required prior to redistribution of new
versions of GateD.
GateD RELEASE 3
LICENSE AGREEMENT (Agreement)
BETWEEN
THE REGENTS OF THE UNIVERSITY OF MICHIGAN
AND
____________________
The Regents of the University of Michigan on behalf of its operating unit, Merit,
(Merit) agrees to grant and does hereby grant to _____________ (Licensee) a
non-exclusive, non-transferable, royalty-free, worldwide, revocable license to
use, reproduce, modify and redistribute the software entitled "Gateway Daemon,
Release 3" (GateD) with Licensee's products, subject to the following terms:
1. Licensee's use of GateD shall be subject to all copyright and other
restrictions contained in the GateD source files. Such copyright notices and
other restrictions as they currently appear in the source files are listed in
Appendix A, attached, which shall be a part of this Agreement for all
purposes.
2. Each redistribution of GateD hereunder shall include the copyright and
other restrictions as listed in Appendix A, as well as the credit legends
contained in the GateD source files.
3. Upon specific, prior, written approval of Merit, Licensee may grant third
parties the non-exclusive, non-transferable, royalty-free, worldwide,
revocable license to use, reproduce, modify and redistribute GateD; provided
that, Licensee shall require any such sublicensee to abide by the terms of
provision 6 of this Agreement, either via Licensee or directly to Merit, and
that such sublicense shall be subject to all copyright and other restrictions
contained in the GateD source files.
4. Any documentation which is included as part of Licensee's redistribution
of GateD shall include the following statement:
© 1995 The Regents of the University of Michigan all rights reserved.
Gate Daemon was originated and developed through release 3.0 by Cornell
University and its collaborators.
5. Versions of GateD or related documentation that are to be redistributed by
Licensee in any altered form shall be labeled or otherwise marked as modified
versions of GateD.
6. Licensee shall use reasonable efforts to provide Merit with copies of all
modifications and enhancements made by Licensee or on Licensee's behalf
(Licensee Enhancements) to GateD or related documentation, for a period of
three years from the date of execution of this Agreement. Licensee hereby
grants Merit a non-exclusive, transferable, royalty-free, worldwide,
irrevocable license to use, reproduce, modify and redistribute such Licensee
Enhancements as part of current and future releases of GateD without
accounting to Licensee. Licensee Enhancements which are subject to such
license to Merit shall be further defined as follows:
6.1 Changes to GateD software or documentation made by Licensee or on
Licensee's behalf.
6.2 Documentation prepared by Licensee or on its behalf to
accompany Licensee's redistribution of GateD.
6.3 Software modules made by Licensee or on its behalf that are
closely bound with GateD, or that use facilities of GateD such as protocol
task support, or that extend or modify core GateD facilities.
6.3.1 In a Unix environment, modules linked into GateD and executed as part of
the daemon are considered closely bound.
6.3.2 If a software module executes separately from GateD (for example, as
another daemon or as part of the kernel) and communicates with GateD via the
routing socket or a new, defined communications interface, then the module
need not be considered a Licensee Enhancement subject to license to Merit.
However, a new interface added to GateD to support such a module, together
with documentation sufficient to facilitate its general use, would be a
Licensee Enhancement subject to Merit license.
6.3.3 Even though Unix concepts such as linking, sockets, daemon, etc., may
not apply or have the same names in non-Unix environments, a corresponding
distinction shall be made between software which is closely bound and uses
GateD facilities (and is thus subject to license to Merit) and software that
uses a narrowly defined interface to communicate with GateD but executes
separately (and thus is not subject to Merit license).
6.4 A particular Licensee Enhancement shall not be subject to license to Merit
and thus need not be returned if such Licensee Enhancement:
6.4.1 is specific to unique hardware or software environments proprietary to
Licensee and is essentially useless outside such proprietary environment, or
6.4.2 consists of or derives from software used by Licensee under license from
a third party and the license granted by Licensee to Merit under this
Agreement would violate the terms of Licensee's license with such third party,
or
6.4.3 is considered proprietary to Licensee, and Licensee chooses to make a
monetary contribution to the ongoing maintenance and development of GateD in
lieu of the license granted to Merit under this Agreement. Licensee shall pay
Merit $50,000.00 for each Licensee Enhancement where Licensee elects not to
convey to Merit the license to which Licensee Enhancements would otherwise be
subject pursuant to this Agreement.
6.5 Licensee shall notify Merit in writing of each Licensee Enhancement which
Licensee plans to include in a redistribution of GateD but which Licensee
feels ought not be subject to license to Merit. Such notice should give
justification why such Merit license ought not apply. In response to
Licensee's request to provide payment in lieu of Merit license pursuant to
6.4.3, above, Merit shall issue to Licensee a modification to this Agreement
waiving the Merit license in the particular Licensee Enhancement. The payment
specified in 6.4.3 shall become due upon execution of such amendment to this
Agreement.
7. While it is Merit's intention to continue to support GateD
software, Merit is under no obligation to do so.
8. Merit University makes no representation as to the suitability of GateD
for any purpose. GATED IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Licensee agrees to indemnify, defend and hold harmless Merit and Cornell
University from any loss, claim, damage or liability of any kind, including
attorney's fees and court costs, arising out of or in connection with any
redistribution or other use of GateD by Licensee under this Agreement, except
to the extent that such loss, claim, damage or liability arises from the
negligence of Merit. Merit agrees to provide Licensee with prompt
notification of any such claims and to cooperate fully in any investigation or
litigation.
10. This Agreement may be canceled by Merit and the license conveyed
hereunder revoked in the event of Licensee's failure to comply with the
Agreement terms. Such cancellation shall be by written notice to Licensee
stating the reason(s) therefore. Upon Licensee's request and at Merit's
option, Merit may grant Licensee a specified time in which to correct
Licensee's failure to comply. Merit's right to cancel this Agreement shall be
in addition to any right Merit may have by law or equity for relief, including
injunctive relief, for Licensee's failure to comply with the Agreement terms.
11. This Agreement contains the entire agreement between the Licensee and
Merit. No amendments or changes to this Agreement shall be effective unless
made in writing and signed by authorized representatives of Licensee and
Merit.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
in duplicate on the dates indicated below.
THE REGENTS OF THE LICENSEE
UNIVERSITY 0F MICHIGAN
_____________________________ _________________________
Alan W. Steiss, Director
Divisio of Research Devlopment
and Administration
_____________________________ _________________________
Date Date
Appendix A
GateD Copyright Notices
Copyright notices and other restrictions as they currently appear in the
GateD source files include one or more of the following:
Copyright (c) 1995 The Regents of the University.
All rights reserved.
Gate Daemon was originated and developed through release 3.0 by Cornell
University and its collaborators.
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Royalty-free licenses to redistribute GateD Release 2 in whole or in part may
be obtained by writing to:
Gate Daemon Project
The University of Michigan
Merit
4251 Plymouth Road, Suite C
Ann Arbor, MI 48105-2785
(313)936-9430
GateD is based on Kirton's EGP, UC Berkeley's routing daemon (routed), and
DCN's HELLO routing Protocol. Development of GateD has been supported in
part by the National Science Foundation.
Please forward bug fixes, enhancements and questions to the GateD mailing
list: gated-bug@gated.merit.edu.
Cornell Authors:
Jeffrey C. Honig <jch@gated.cornell.edu>
Scott W. Brim <swb@gated.cornell.edu>
Portions of this software may fall under the following copyrights:
Copyright (c) 1988 Regents of the University of California.
All rights reserved.
Redistribution and use in source and binary forms are permitted provided that
the above copyright notice and this paragraph are duplicated in all such forms
and that any documentation, advertising materials, and other materials related
to such distribution and use acknowledge that the software was developed by
the University of California, Berkeley. The name of the University may not be
used to endorse or promote products derived from this software without
specific prior written permission. THIS SOFTWARE IS PROVIDED "AS IS" AND
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Copyright 1991 D.L.S. Associates
Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that the
above copyright notice appear in all copies and that both that copyright
notice and this permission notice appear in supporting documentation, and that
the name of D.L.S. not be used in advertising or publicity pertaining to
distribution of the software without specific, written prior permission.
D.L.S. makes no representations about the suitability of this software for any
purpose. It is provided "as is" without express or implied warranty.
D.L.S. DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL D.L.S. BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THI
SOFTWARE.
Authors: Robert Hagens and Dan Schuh
U U M M DDDD OOOOO SSSSS PPPPP FFFFF
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Copyright 1989, 1990, 1991
The University of Maryland, College Park, Maryland.
All rights reserved.
The University of Maryland College Park ("UMCP") is the owner of all right,
title and interest in and to UMD OSPF (the "Software"). Permission to use,
copy and modify the Software and its documentation solely for non-commercial
purposes is granted subject to the following terms and conditions:
1. This copyright notice and these terms shall appear in all copies of
the Software and its supporting documentation.
2. The Software shall not be distributed, sold or used in any way in a
commercial product, without UMCP's prior written consent.
3. The origin of this Software may not be misrepresented, either by
explicit claim or by omission.
4. Modified or altered versions must be plainly marked as such, and must
not be misrepresented as being the original software.
5. The Software is provided "AS IS". User acknowledges that the Software
has been developed for research purposes only. User agrees that use of the
Software is at user's own risk. UMCP disclaims all warranties, express and
implied, including but not limited to, the implied warranties of
merchantability and fitness for a particular purpose.
Royalty-free licenses to redistribute UMD OSPF are available from the
University of Maryland, College Park.
For details contact:
Office of Technology Liaison
4312 Knox Road
University of Maryland
College Park, Maryland 20742
(301) 405-4209
(301) 314-9871 (fax)
This software was written by Rob Coltun
rcoltun@ni.umd.edu
