WESM zl Management and Configuration Guide WT.01.XX and greater
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.