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 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 THI 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