NIXU SOFTWARE'S IPR AND OPEN SOURCE POLICY

Nixu Software develops and markets products that comprise of both proprietary code and open source software. Nixu Software and its parent company, Nixu Group, have been working actively with open source software since the founding of the group in 1988 and, when and where appropriate, have sponsored and participated in development projects that have either led to the introduction of new open source software solutions or to enhancements in existing open source software products.

Open source software has been used in both individual customer projects and in the course of general product development. Open source software Nixu Software has worked with includes, but is not limited to, different Linux (e.g. CentOS) and BSD O/S variants, ISC's BIND and DHCPD, OpenSSH, Apache HTTP Server, PHP-module, Bastille and PSAD. Where open source software has been used as part of Nixu Products, Nixu Software and Nixu Group have taken the necessary steps to make sure that no derivative work has been produced, that the open source software modules have been used 'as is', and that open source software has been used as granted by their licenses.

Of the open source software listed above, the following products have been used in, in connection with, or distributed with, Nixu Products:

  • ISC's BIND (Nixu NameSurfer Suite, Nixu Secure Name Server)
  • ISC's DHCPD (Nixu NameSurfer Suite, Nixu DHCP Server)
  • Apache HTTP Server (Nixu NameSurfer Suite, Nixu Secure Name Server, Nixu DHCP Server)
  • Linux, CentOS (All Nixu Products)
  • Open SSH (Nixu NameSurfer Suite, Nixu Secure Name Server, Nixu DHCP Server)
  • PHP-module (Nixu Secure Name Server, Nixu DHCP Server)
  • Bastille (Nixu Secure Name Server, Nixu DHCP Server)
  • PSAD (Nixu Secure Name Server, Nixu DHCP Server)

In addition to the open source modules listed above, Nixu Products contain proprietary code that is either owned by Nixu Software or has been licensed from third-parties. Further, some Nixu Products are based on proprietary methods protected by patents and/or pending-patents regardless of whether or not open source software has been used in their implementation. Therefore, Nixu Software respectfully asks that its products and/or their solution architecture are not copied or imitated in any way that would infringe Nixu Software's Intellectual Property Rights (IPRs). If you are in doubt as to whether or not your undertaking will violate Nixu Software's IPRs, we kindly ask you to contact us with further details. Should Nixu Software's IPRs be infringed by a commercial undertaking, whether knowingly or involuntarily, Nixu Software will take the appropriate measures to seek resolution.

In order to identify, evaluate, and manage the potential risks associated with the usage of open source software, Nixu Software has done significant due diligence on the history of the individual open source projects and the different licensing models used to license the open source software prior to including them in any Nixu Product.

In the event that a patent claim was brought against Nixu Software with regard to the usage of open source software, Nixu Software will respond using the same measures that would be used against any patent claim. Generally speaking, this could involve but would not necessarily be limited to:

  • Identifying a prior art that would invalidate the patent
  • Demonstrating that the Nixu Product does not infringe with the patent
  • Re-designing the Nixu Product
  • Negotiating a license agreement with the owner of the patent

 

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