WESM zl Management and Configuration Guide WT.01.28 and greater
B-55
License Statements
"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.