OSPrey-32 is available as a free download directly from our website. Please complete the following form and accept the license terms listed below. If you have any questions, please contact us.
Note: OSPrey-32 requires CentOS or Redhat V5.6 or earlier versions of V5. OSPrey-32 will not run on CentOS V6. OSPrey-32 for CentOS or Redhat V6 will be available in Q4 2012
OSPrey-32 Routing & CDR Collection Server Software License
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between the company you represent (“User”) and TransNexus, Inc (“TransNexus”), a Delaware corporation located at 75 5th Street, NW; Atlanta, Georgia, 30308, USA, and establishes the terms and conditions of User’s access to and use of the TransNexus OSPrey Peering Server. TransNexus OSPrey-32(TM) Server Software License Agreement and Notices
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between the you the individual and/or the companyyou represent ("User") and TransNexus, Inc ("TransNexus"), a Delaware corporation located at 75 5th Street,NW; Suite 333; Atlanta, Georgia, 30308, USA, and establishes the terms and conditions of User's access to and use of the TransNexus OSPrey-32TM server 32-bit Software (the "Software"). All software in the OSPrey-32 package with a TransNexus copyright notice (including but not limited to ospnexus, NexNUM, NumberUpdate, etc.)are collectively referred to as the "Licensed Programs." Other software included in the OSPrey-32package that have copyright notice other than TransNexus are expressly not covered by this license, andare covered by their own license agreement.
BY USING THIS SOFTWARE, USER REPRESENTS THAT USER HAS READ AND UNDERSTANDS THIS AGREEMENT, AND THAT USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, USER MUST NOT INSTALL OR USE THE LICENSED PROGRAMS AND USER MUST DELETE ANY COPIES OF THE LICENSED PROGRAMS AND DOCUMENTATION OBTAINED FROM TRANSNEXUS OR OTHER SOURCES.
1. Grant of License. TransNexus grants User a non-exclusive, non-transferable, revocable license to use the Licensed Programs as provided herein. The Licensed Programs and Documentation are protected by copyright. User acknowledges and understands that this Agreement does not grant User any right ofaccess to any other services or products of TransNexus. Any access to and use of TransNexus servicesshall be governed by terms of an applicable TransNexus User Agreement.
2. Restrictions. User may not reverse engineer, modify, decompile or disassemble the object code, or otherwise attempt to or allow a third party to discern the source code of the Licensed Programs. User agrees to notify its employees and agents who may have access to the Licensed Programs of the restrictions contained in this Agreement and to ensure their compliance with these restrictions. OSPrey-32 is not licensed for use with the TransNexus NexOSS product for route provisioning, CDRcollection, reporting or rating.
3. Ownership Rights. TransNexus retains all rights, title, and interest in and to: (i) the Licensed Programs and Documentation including, without limitation, all modifications thereto and copies; and (ii) all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights with respect to TransNexus, the Licensed Programs, and the Documentation (together, "Proprietary Rights"). User shall have no right, title, or interest in the Licensed Programs, Documentation, or Proprietary Rights and User waives all rights to challenge TransNexus's ownership of all rights, title, and interest to the Licensed Programs, Documentation, and Proprietary Rights.
4. Warranties and Disclaimer. TRANSNEXUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGWITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED PROGRAMS WILL MEET ALL THE REQUIREMENTS OF USER, OR THAT THE USE OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability. USER AGREES TO HOLD TRANSNEXUS, INC. HARMLESS REGARDING ANY MATTER CONCERNINGTHIS AGREEMENT OR USE OF THE LICENSED PROGRAMS. UNDER NO CIRCUMSTANCES WILL TRANSNEXUS BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, INTELLECTUAL PROPERTY INFRINGEMENT, SECURITY BREACH OR LOSS OF DATA) IN ANY WAY RELATED TO THE USE OF THE LICENSED PROGRAMS OR THIS AGREEMENT WHETHER IN CONTRACT OR IN TORT, REGARDLESS OF WHETHER TRANSNEXUS WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE LIABILITY OF TRANSNEXUS UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY) OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EXCEED THE LICENSE FEES ACTUALLY PAID TO TRANSNEXUS BY USER FOR THE LICENSED PROGRAMS. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
6. Term and Termination. TransNexus may terminate this Agreement and User's license(s) to use the Programs if User breaches this Agreement or a TransNexus User Agreement. Upon expiration or termination of this Agreement or any license of the Licensed Programs, User shall cease all use of the Licensed Programs, return to TransNexus the Licensed Programs (including without limitation all Documentation and related materials furnished by TransNexus to User), certify to TransNexus that it has erased or otherwise destroyed all copies of the Licensed Programs, and take such other actions as TransNexus may reasonably request to ensure that no copies of the Licensed Programs created by User exist.
7. Governing Law. This Agreement is governed and construed under the laws of the State of Georgia, U.S.A., excluding its conflicts of law principles, and User further consents to jurisdiction by the stateand federal courts in the State of Georgia. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
8. Equitable Relief. In addition to any other remedies, in the event of any violation or threatened violation of this Agreement, TransNexus shall be entitled to seek injunctive and other equitable relief to restrain such breach by User without showing or proving any actual damages. User hereby waives the requirement that TransNexus post any bond in connection with such injunction or restraining order.
9. Additional Terms. Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or otherwise transferred by User. This Agreement shall be binding upon and shall inure to the benefit ofUser's partners, successors, and representatives. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions will not be affected thereby. Failure of a party to enforce any provision of this Agreement does not constitute and should not be construed as a waiver of such provision or of the right to enforce such provision. A waiver of any breach or covenant shall not be construed tobe a waiver of any succeeding breach or any other covenant. All waivers must be signed by the party waiving its rights. Nothing herein shall be construed more strictly against or in favor of either party on the basis of authorship. User agrees not to publish, proclaim or make any negative comments about the licensed programs or TransNexus, Inc.
10. Export Laws. The Licensed Programs and the Documentation may not be exported or reexported in violation of the U.S. Export Administration Act and its implementing regulations.
11. Trademarks. TransNexus, OSP Nexus, OSP Toolkit, NexOSS, OSPrey, OSPrey-32, NexTransit, LookAhead,Nex1, SDReporter, PeeringHouse and ClearIP are trademarks of TransNexus, Inc.
12. Patents. Features of the OSPrey-32 server are protected by the following patents: US 6,426,955; AU 748468; SG 200001336-7; IL 135131; UK 1016261; US 6,665,271; US 6,205,211; US 6,751,652; US 6,426,955; US 6,996,093; CA 2,304,214; US 7,203,956; US 7,743,263