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<TITLE>Merit GateD Consortium Documentation (16-Oct-1996)</TITLE>
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<P><!C- by: Sue Hares, 16-Nov-1996 --!>
</P>
<H2>Version Dated: 12/1/96</H2>
<H1> Merit GateD Consortium Agreement for Service Members For GateD Version 5 </H1>
<P>
<HR></P>
<P>This Agreement is made and entered into on this____________________
day of________________ between_________________________________________
(hereinafter referred to as "Service Member") and Merit at the
University of Michigan (hereinafter referred to as "Lead Institution"),
acting for and on behalf of the Merit GateD Consortium (hereinafter referred
to as "Consortium".) The Service Member hereby joins the Consortium
and shall be entitled to Consortium benefits and accepts the limitations
and responsibilities herein. </P>
<H2>1. Consortium Purpose</H2>
<P>The Consortium is a group of institutions and corporations that provides
ongoing support to expand the development of the GateD software, an implementation
of several routing protocols as a daemon to run on various versions of
Unix. </P>
<P>The Consortium will... </P>
<UL>
<LI>Foster professional collaboration between the GateD developers and
Consortium Members </LI>
<LI>Allow timely delivery of needed functionality </LI>
<LI>Provide a distribution mechanism of new protocol implementations </LI>
</UL>
<H2>2. GateD Project</H2>
<P>The Merit GateD project produces GateD (pronounced "gate-dee"),
a software program that is used by individuals and organizations around
the world. GateD is used as a platform for new network routing protocol
prototyping and a source of routing protocol implementations for use in
testing. The complete set of routing protocols and function provided by
GateD can provide the core for development of future products. </P>
<H2>3. Service Membership Benefits </H2>
<P>Service Membership in the Consortium is open to all organizations interested
in support of the development of routing protocols. The Consortium will
provide the following benefits to Service Members: </P>
<P><B>Technical</B> </P>
<UL>
<LI>a) Unlimited distribution of "GateD-Multicast binaries" in
machines which the member uses to provide Internet services under the conditions
specified in sections 7 and 8 for <B>GateD Version 5</B> upon signing of
this agreement and for the 12 months of this membership is in effect. "GateD-Multicast
binaries" are defined as binaries for the GateD Daemon and associated
tools. </LI>
<LI>b) Source code for <B>GateD Version 5</B>, also called GateD-Multicast,
will be distributed to development teams at Service Member's corporate
or research sites during the 1 year term of membership. Source may not
be distributed in commercial products. Source code may be used under the
conditions specified in section 8 of this agreement. </LI>
<LI>c) Access to GateD Member-only Documentation and Tools. </LI>
<LI>d) Early access to new source code, documentation and tools prior to
a general release to Academic and Research Members for a period agreed
upon by Consortium Members but not less than three weeks. </LI>
<LI>e)Email Response to Technical Questions not to exceed 20 messages per
week.</LI>
</UL>
<P><B>Consortium</B> </P>
<UL>
<LI>f) Regular communications including paper releases and electronic communications
as appropriate. Such communications shall detail GateD Project and Consortium
developments and progress. </LI>
<LI>g) 2 Voting Members attend GateD Consortium Meetings. </LI>
<LI>h) Invitation to attend periodic Technical Briefings and Progress Review,
Service Members shall have the following privileges: </LI>
<UL>
<LI>(i) input to GateD software development and deployment discussions
</LI>
<LI>(ii) access at prescheduled times of mutual convenience to members
of the GateD Project development team </LI>
</UL>
<LI>i) The right to request a yearly summary of Consortium expenditures
and financial plans. </LI>
<LI>j) Participation in E-mail forum to discuss new GateD tools, features,
and utilities.</LI>
</UL>
<H2>4. Service Membership Requirements </H2>
<P>Service Members shall make annual membership contributions to the Lead
Institution of: </P>
<UL>
<LI>$25,000 - during the 1st year of membership </LI>
<LI>$10,000 - during any 2nd through 15 year of "continuous membership"
where continuous membership is defined as yearly memberships in sequential
years without a lapse of time. </LI>
</UL>
<P>Upon execution of this Agreement, and during each year of paid-up membership,
Members shall be entitled to the benefits of Consortium membership in accordance
with the terms of this Agreement Membership contributions will be used
to support the research and development of the programs and activities
of the GateD Consortium. </P>
<P>Annual membership fees shall cover 12 months of Consortium participation
commencing with execution of this Agreement. The Lead Institution shall
consult with Members prior to implementing any change in membership fees,
and shall provide Members ninety (90) days written notice prior to commencement
of the membership period for which the fee change would take effect. </P>
<P>Membership fees shall become due to the Lead Institution upon execution
of this Agreement. Checks shall be made payable to Merit and submitted
to: </P>
<PRE>Merit GateD Consortium
Attn: Michele Dotson
Merit Network, Inc.
4251 Plymouth Rd, Suite C
Ann Arbor, MI 48105-2785.
</PRE>
<P>At its option, the Lead Institution may accept equipment or other in-kind
contribution of an equivalent value to the membership fee in lieu of cash
payment. </P>
<H2>5. Use of Names </H2>
<P>Neither party to this Agreement shall make use of this Agreement, or
use the other's name or that of any member of the other's staff for purposes
of advertising or promotion without prior written approval of the other
party. </P>
<H2>6. Publications </H2>
<P>The parties to this Agreement shall have the right, at their discretion,
to release written information or to publish material which they have developed
under this Agreement, provided that information release or publication
is given to the Lead Institution for distribution to or review by Members
at Lead Institution's option. Members agree to provide an advance copy
if so requested by Lead Institution. </P>
<H2>7. GateD Copyright and Licensing </H2>
<H3>Background</H3>
<P>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 has developed release 5.0 as part of the
Merit GateD consortium. Merit provides copies of GateD to Service members
for </P>
<UL>
<LI>a) Unlimited binary distribution for<B> GateD Version 5</B>, also called
GateD-Multicast, in <I>machines this Service Member uses to provide Internet
Service</I> , and </LI>
<LI>b) Source code for <B>GateD Version 5</B>, also called GateD-Multicast,
will be distributed to development teams at Member's corporate or research
site during the 1 year term of membership. </LI>
</UL>
<H3><BR>
Redistribution of GateD</H3>
<P>Those who wish to redistribute GateD may do so under this agreement.
Anyone wishing to may transfer GateD or any part of GateD to any third
party. Third parties are not authorized to sublease or further redistribute
GateD or any part of GateD. Third parties wishing to do so may be referred
to Merit for information concerning memberships and licensing.</P>
<P>Members 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 member-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. </P>
<P>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 member while ensuring that such use contributes
to the continued development, enhancement, support, and public availability
of the software. </P>
<P>Please note that Merit's continued ability to make GateD available to
the research and academic community at the current fee structure is contingent
upon the University's incurring no additional liability from member's use
of the software. Accordingly, the attached GateD Redistribution License
holds Merit harmless from liability arising from member'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
member's use of GateD. In addition, the indemnification of Merit is further
qualified to exclude liability resulting from University negligence. </P>
<P>The rights conveyed to Members under this agreement for <B>GateD Version
5 </B>(also called GateD-Multicast) are non-transferable. </P>
<P>Lead Institution provides copies of GateD upon request to Members and
use as permitted by the copyright and subject to other restrictions contained
in the GateD source files. </P>
<P>Those who wish to redistribute GateD may do so by becoming a member
and executing a GateD Membership and Redistribution License with the Lead
Institution. </P>
<H2>8. GateD Redistribution </H2>
<P>The Regents of the University of Michigan on behalf of its operating
unit, Merit, (Merit) agrees to grant and does hereby grant to _____________
(Service Member) a non-exclusive, non-transferable, royalty-free, worldwide,
revocable license to use, reproduce, modify and redistribute the software
entitled "<B>Gateway Daemon, Release 5</B>" (GateD) with Member's
products, subject to the following terms: </P>
<UL>
<LI>8-1 Service Member may only redistribute "GateD-Multicast binaries"
as defined in section 3-a in this Service Member's commercial machines.
</LI>
<LI>8-2 Service Member's use of <B>GateD Version 5</B> (GateD-Multicast)
source code may only be redistributed as specified in section 3-b. All
redistribution shall be subject to all copyright and other restrictions
contained in the <B>GateD Version 5</B> 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. </LI>
<LI>8-2 Each redistribution of <B>GateD Version</B> <B>5</B> (GateD-Multicast)
source code to the Service member's sites 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. </LI>
<LI>8-3. Upon specific, prior, written approval of Merit, the Service Member
may grant third parties the non-exclusive, non-transferable, royalty-free,
worldwide, revocable license to use, reproduce, modify and redistribute
<B>GateD Version 5 </B>binaries, provided that the Service Member shall
require any such sublicensee to abide by the terms of provision 8-5 of
this Agreement, either via Member or directly to Merit, and that such sublicense
shall be subject to all copyright and other restrictions contained in the
<B>GateD Version 5 </B>source files. </LI>
<LI>8-4 Any documentation which is included as part of Member's redistribution
of <B>Version 5 of GateD</B> (GateD-Multicast) shall include the following
statement: </LI>
<PRE> © 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.
</PRE>
<LI>8-5 Versions of <B>GateD Version 5</B> or related documentation that
are to be redistributed by Member in any altered form shall be labeled
or otherwise marked as modified versions of GateD-Multicast. </LI>
<LI>8-6 The Service Members shall use reasonable efforts to provide Merit
with copies of all modifications and enhancements made by Service Member
or on Service Member's behalf (Service Member's Enhancements) to GateD
or related documentation, for a period of three years from the date of
execution of this Agreement. Member hereby grants Merit a non-exclusive,
transferable, royalty-free, worldwide, irrevocable license to use, reproduce,
modify and redistribute such Service Member Enhancements as part of current
and future releases of GateD without accounting to Service Member. Service
Member Enhancements which are subject to such Merit license shall be further
defined as follows: </LI>
<LI>8.6.1 Changes to GateD software or documentation made by Service Member
or on Service Member's behalf. </LI>
<LI>8.6.2 Documentation prepared by Service Member or on its behalf to
accompany Service Member's redistribution of GateD. </LI>
<LI>8.6.3 Software modules made by Service Member 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. </LI>
<LI>8.6.3.1 In a Unix environment, modules linked into GateD and executed
as part of the daemon are considered closely bound. </LI>
<LI>8.6.3.2 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 Service Member Enhancement subject
to Merit license. However, a new interface added to GateD to support such
a module, together with documentation sufficient to facilitate its general
use, would be a Service Member Enhancement subject to Merit license. </LI>
<LI>8.6.3.3 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 Merit license)
and software that uses a narrowly defined interface to communicate with
GateD but executes separately (and thus is not subject to Merit license).
</LI>
<LI>8.6.4 A particular Service Member Enhancement shall not be subject
to Merit license and thus need not be returned if such Service Member Enhancement:
</LI>
<LI>8.6.4.1 is specific to unique hardware or software environments proprietary
to Service Member and is essentially useless outside such proprietary environment,
or </LI>
<LI>8.6.4.2 consists of or derives from software used by Service Member
under license from a third party and the license granted by Service Member
to Merit under this Agreement would violate the terms of Service Member's
license with such third party, or </LI>
<LI>8.6.4.3 is considered proprietary to Service Member, and Service Member
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. Service Member shall pay Merit $50,000.00 for each Service Member
Enhancement where Service Member elects not to convey to Merit the license
to which Service Member Enhancements would otherwise be subject pursuant
to this Agreement. </LI>
<LI>8.6.5 Service Member shall notify Merit in writing of each Service
Member Enhancement which Service Member plans to include in a redistribution
of GateD but which Service Member feels ought not be subject to Merit license.
Such notice should give justification why such Merit license ought not
apply. In response to Service Member's request to provide payment in lieu
of Merit license pursuant to </LI>
<P>8.6.4.3, above, Merit shall issue to Service Member a modification to
this Agreement waiving the Merit license in the particular Service Member
Enhancement. The payment specified in 8.6.4.3 shall become due upon execution
of such amendment to this Agreement. </P>
<LI>8.7. While it is Merit's intention to continue to support GateD software,
Merit is under no obligation to do so. </LI>
<LI>8.8 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. </LI>
<LI>8.9. Service Member 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 Service Member under this
Agreement, except to the extent that such loss, claim, damage or liability
arises from the negligence of Merit. Merit agrees to provide Service Member
with prompt notification of any such claims and to cooperate fully in any
investigation or litigation. </LI>
<LI>8.10. This Agreement may be canceled by Merit and the license conveyed
hereunder revoked in the event of Service Member's failure to comply with
the Agreement terms. Such cancellation shall be by written notice to Service
Member stating the reason(s) therefore. Upon Service Member's request and
at Merit's option, Merit may grant Service Member a specified time in which
to correct Service Member'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 Service Member's
failure to comply with the Agreement terms. </LI>
</UL>
<H2>9. Proprietary Information </H2>
<P>The Consortium exists to continue development of GateD in an open, collaborative,
non-proprietary environment in order to ensure its continued broad applicability
and availability to the Internet community. </P>
<P>Accordingly, all Proprietary Information including, proprietary research,
trade secrets or other confidential or sensitive information should not
be disclosed by Members under this Agreement nor in any way become embodied
in or restrict the use of GateD related software or Consortium materials.
</P>
<H2>10. Intellectual Property </H2>
<P>The Consortium has been created to foster broad collaboration in the
implementation of routing protocols. However, the Consortium may lead to
interest in new areas of research or application. If so, such activities
shall be pursued via separate agreements in order to establish the necessary
collaborative and financial terms among the interested parties. </P>
<P>Discoveries which may be subject to intellectual property protection
are not anticipated to arise from the Consortium activities under this
Agreement. As a result, and to facilitate the freest possible exchange
of information among Members, this Agreement conveys no intellectual property
rights between the Lead Institution and Members. </P>
<H2>11. Staff Agreements </H2>
<P>Each Member shall, as a condition of its participation, represent and
warrant that it has or shall obtain, prior to the commencement of Consortium
activities under this Agreement, appropriate agreements with its employees/students
or others who may participate in Consortium activities sufficient to ensure
compliance with all the terms of this Agreement. </P>
<H2>12. Term </H2>
<P>The Agreement shall become effective upon execution of this Agreement
and shall continue in force for additional one-year periods, subject to
Member's payment of annual membership fees at the level established for
each membership year. </P>
<P>Member may terminate this Agreement upon sixty (60) days prior written
notice to the Lead Institution. The Lead Institution may terminate this
Agreement upon sixty (60) days prior written notice to Member. In the event
of termination by Lead Institution, Member shall be refunded a pro-rata
share of any fees paid for membership periods not concluded as of notice
of termination. Upon such termination all Member obligations and benefits
shall cease. </P>
<H2>12. Notices</H2>
<P>All notices shall be in writing and effective upon receipt. Notices
shall be sent to the following addresses: </P>
<PRE>Merit GateD Consortium
Attn: Michele Dotson (Tel) 313-763-6061
Merit Network, Inc. (Fax) 313-647-3185
4251 Plymouth Road, Ste. C
Ann Arbor, MI 48105-2785
<B>To Member:
</B>Contractual Technical
<HR>
<HR>
<HR>
<HR>
<HR>
</PRE>
<H2>13. Entire Agreement</H2>
<P>This Agreement contains the entire agreement between the parties. No
amendments or changes to this Agreement shall be effective unless made
in writing and signed by authorized representatives of the parties hereto.
</P>
<P>In Witness Whereof, the parties have cause these presents to be executed
in duplicate on the dates indicated below. </P>
<PRE>Lead Institution Member
_________________________________________ ___________________________
_________________________________________ ___________________________
Date Date
</PRE>
<PRE><B>Appendix A
</B>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
Scott W. Brim
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 THIS SOFTWARE.
Authors: Robert Hagens and Dan Schuh
U U M M DDDD OOOOO SSSSS PPPPP FFFFF
U U MM MM D D O O S P P
F
U U M M M D D O O SSS PPPPP FFFF
U U M M M D D O O S P
F
UU M M M DDDD OOOOO SSSS P F
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
</PRE>
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