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IPR & OSS Policy
FusionLayer, Inc's IPR and OSS Policy
FusionLayer, Inc. develops and markets products that comprise of both proprietary code and open source software. FusionLayer has been working actively with open source software since its founding 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. The open source softwares that FusionLayer 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, Nginx, PHP-module and PSAD. Where open source software has been used as part of FusionLayer Products.
FusionLayer has 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, FusionLayer Products:
- Apache HTTP Server
- ISC's BIND
- ISC's DHCPD
- Linux, CentOS
- Open SSH
- Perl and it's modules
- Python and it's modules
In addition to the open source modules listed above, FusionLayer Products contain proprietary code that is either owned by FusionLayer, Inc. or has been licensed from third-parties. Further, some FusionLayer 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, FusionLayer, Inc. respectfully asks that its products and/or their solution architecture are not copied or imitated in any way that would infringe FusionLayer, Inc's Intellectual Property Rights (IPRs). If you are in doubt as to whether or not your undertaking will violate FusionLayer, Inc's IPRs, we kindly ask you to contact us with further details. Should FusionLayer, Inc's IPRs be infringed by a commercial undertaking, whether knowingly or involuntarily, FusionLayer, Inc. 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, FusionLayer, Inc. 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 FusionLayer Product.
In the event that a patent claim was brought against FusionLayer, Inc. with regard to the usage of open source software, FusionLayer, Inc. 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 FusionLayer Product does not infringe with the patent
- Re-designing the FusionLayer Product
- Negotiating a license agreement with the owner of the patent