Merit GateD Consortium Documentation (16-Oct-1996)

## Version Dated: 12/1/96

# Merit GateD Consortium Agreement for Technical Advisory Membership in the GateD Consortium

This Agreement is made and entered into on this____________________ day of________________ between_________________________________________ (hereinafter referred to as the "Technical Advisory 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 Technical Advisory Member hereby joins the Consortium and shall be entitled to Consortium benefits and accepts the limitations and responsibilities herein.

## 1. Consortium Purpose

The Consortium is a group of institutions and corporations which 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.

The Consortium will...

- Foster professional collaboration between the GateD developers and Consortium Members.
- Allow timely delivery of needed functionality.
- Provide a distribution mechanism of new protocol implementations.

## 2. GateD Project

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.

## 3. Technical Advisory Membership Benefits

The Technical Advisory Membership in the Consortium is open to all organizations interested in support of the development of routing protocols. The Technical Advisory Membership is only available to those who are registered as Academic and Research Members with the GateD Consortium. It is not available for commercial corporations. The Consortium will provide the following benefits to the Technical Advisory Member:

- 4 hours per week of consulting time with senior engineers on the GateD internals.

- Availability of 2 senior engineers to attend 2 one-day project meetings to advise on
  GateD internals. (Travel costs paid by the Technical advisory member.)
- 1 Voting Member to attend GateD Consortium Meetings.
  This membership is only available to those engaged in academic and research use of the GateD and associated tools. The Merit GateD Consortium reserves the right to limit the number of Technical Advisory Memberships. Since this membership requires senior staff, only a limited set of memberships will be available.
  It is anticipated that the members of the Project requesting the Technical Advisory Membership will request GateD source code and binaries via the Merit GateD Consortium's Academic and Research Membership. The Technical Advisory membership does not provide any source code or binary redistribution license to its members.
  Merit expects that the Technical Advisory Member will obtain access to source code and binary redistribution licensure through the Academic and Research Membership.
  Please see the Consortium Agreement for the Academic and Research Membership for licensing and redistribution requirements.

## 4. Technical Advisory Membership Requirements

Technical Advisory Members shall:

- Register all machines which the GateD binaries of their Academic and Research Membership are being distributed to, and
- Register all machines which the GateD binary sources of their Academic and Research Membership are being distributed to.

Merit retains the right to refuse redistribution of GateD binaries or GateD sources by a Technical Advisory Member to specific machines. 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.

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.

## 5. Use of Names

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.

## 6. Publications

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.

## 7. GateD Copyright and Licensing

#### See the terms in Section 7 of the particular Academic and Research Membership
agreement which is already in effect by this Academic and Research member____________________(Academic and Research Member).

## 8. GateD Redistribution

#### See the terms in Section 8 of the particular Academic and Research Membership
agreement which is already in effect by this Academic and Research member____________________(Academic and Research Member).

## 9. Proprietary Information

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.

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.

## 10. Intellectual Property

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.

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.

## 11. Staff Agreements

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.

## 12. Term

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.

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.

## 12. Notices

All notices shall be in writing and effective upon receipt. Notices shall be sent to the following addresses:

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
To Member:
Contractual Technical

13. Entire Agreement

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.

In Witness Whereof, the parties have caused these presents to be executed in duplicate on the dates indicated below.

    Lead Institution                                Member

    _________________________________________       ___________________________

    _________________________________________       ___________________________
            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 of Michigan.
            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