This Agreement is made and entered into on this____________________ day of________________ between_________________________________________ (hereinafter referred to as "Commercial 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 Commercial Member hereby joins the Consortium and shall be entitled to Consortium benefits and accepts the limitations and responsibilities herein.
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...
The Merit GateD project produces GateD (pronounced "gate-dee"), a software program which 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.
Commercial Membership in the Consortium is open to all organizations interested in support of the development of routing protocols. The Consortium will provide the following benefits to Commercial Members:
Commercial Members shall make annual membership contributions to the Lead Institution of:
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.
Membership fees shall become due to the Lead Institution upon execution of this Agreement. Checks shall be made payable to Merit and submitted to:
Merit GateD Consortium Attn: Michele Dotson Merit Network, Inc. 4251 Plymouth Rd, Suite C Ann Arbor, MI 48105-2785.
At its option, the Lead Institution may accept equipment or other in-kind contribution of an equivalent value to the membership fee in lieu of cash payment.
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.
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.
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 has developed release 4.0 as part of the Merit GateD consortium. Merit provides copies of GateD to Commercial members for :
Those who wish to redistribute GateD may do so under this agreement. Anyone wishing to may transfer GateD or any part of GateD to any third party. Third parties are not authorized to sublease or further redistribute GateD or any part of GateD. Third parties wishing to do so may be referred to Merit for information concerning memberships and licensing.
Members 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 member-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 which 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. The requirement to share GateD enhancements, however, 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. The agreement also 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 member 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 research and academic community at the current fee structure is contingent upon the University's incurring no additional liability from member's use of the software. Accordingly, the attached GateD Redistribution License holds Merit harmless from liability arising from member'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 member's use of GateD. In addition, the indemnification of Merit is further qualified to exclude liability resulting from University negligence.
The rights conveyed to Members under this agreement for GateD Version 4 (also called GateD-Unicast) are non-transferable.
Lead Institution provides copies of GateD upon request to Members and use as permitted by the copyright and subject to other restrictions contained in the GateD source files.
Those who wish to redistribute GateD may do so by becoming a member and executing a GateD Membership and Redistribution License with the Lead Institution.
The Regents of the University of Michigan on behalf of its operating unit, Merit, (Merit) agrees to grant and does hereby grant to _____________ (Commercial Member) a non-exclusive, non-transferable, royalty-free, worldwide, revocable license to use, reproduce, modify and redistribute the software entitled "Gateway Daemon, Release 4" (GateD) with Member's products, subject to the following terms:
© 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.
22.214.171.124, above, Merit shall issue to Commercial Member a modification to this Agreement waiving the Merit license in the particular Commercial Member Enhancement. The payment specified in 126.96.36.199 shall become due upon execution of such amendment to this Agreement.
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.
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.
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.
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.
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
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: email@example.com. 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. firstname.lastname@example.org