Merit GateD Consortium Documentation ( 7-Sep-1995)

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    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 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 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 3 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

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    	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