pkgdefs/SUNWqlcu/copyright.tmpl

#
# CDDL HEADER START
#
# The contents of this file are subject to the terms of the
# Common Development and Distribution License (the "License").
# You may not use this file except in compliance with the License.
#
# You can obtain a copy of the license at src/sun_nws/OPENSOLARIS.LICENSE
# or http://www.opensolaris.org/os/licensing.
# See the License for the specific language governing permissions
# and limitations under the License.

# When distributing Covered Code, include this CDDL HEADER in each
# file and include the License file at src/sun_nws/OPENSOLARIS.LICENSE.
# If applicable, add the following below this CDDL HEADER, with the
# fields enclosed by brackets "[]" replaced with your own identifying
# information: Portions Copyright [yyyy] [name of copyright owner]
#
# CDDL HEADER END
#
# Copyright 2008 Sun Microsystems, Inc.  All rights reserved.
# Use is subject to license terms.
#
#ident	"@(#)copyright.tmpl	1.1	08/03/21 SMI"
#
# src/sun_nws/pkgdefs/SUNWqlcu/copyright.tmpl
#
((-SUNCOPYRIGHT-))

((-SUNCDDL-))

--------------------------------------------------------------------

Copyright (c) 2003-2007 QLogic Corporation
QLogic Leadville qlc HBA device driver

This program includes a device driver for the QLogic Leadville qlc HBA
device driver distributed with QLogic hardware specific firmware binary
files. You may modify and redistribute the device driver code (but not
the firmware binary files) under License "A", version 1.0 of the Common
Development and Distribution License ("CDDL") as published by Sun
Microsystems, Inc. and reproduced below. The hardware binary files are
licensed under License "B".

	REGARDLESS OF WHAT LICENSING MECHANISM IS USED OR APPLICABLE,
THIS PROGRAM IS PROVIDED BY QLOGIC CORPORATION "AS IS" AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

	USER ACKNOWLEDGES AND AGREES THAT USE OF THIS PROGRAM WILL NOT
CREATE OR GIVE GROUNDS FOR A LICENSE BY IMPLICATION, ESTOPPEL, OR
OTHERWISE IN ANY INTELLECTUAL PROPERTY RIGHTS (PATENT, COPYRIGHT, TRADE
SECRET, MASK WORK, OR OTHER PROPRIETARY RIGHT) EMBODIED IN ANY OTHER
QLOGIC HARDWARE OR SOFTWARE EITHER SOLELY OR IN COMBINATION WITH THIS
PROGRAM.


License A:

            COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
                               Version 1.0

1. Definitions.

1.1. "Contributor" means each individual or entity that creates or
     contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original
     Software, prior Modifications used by a Contributor (if any),
     and the Modifications made by that particular Contributor.

1.3. "Covered Software" means (a) the Original Software, or (b)
     Modifications, or (c) the combination of files containing
     Original Software with files containing Modifications, in
     each case including portions thereof.

1.4. "Executable" means the Covered Software in any form other than
     Source Code.

1.5. "Initial Developer" means the individual or entity that first
      makes Original Software available under this License.

1.6. "Larger Work" means a work which combines Covered Software or
      portions thereof with code not governed by the terms of this
      License.

1.7. "License" means this document.

1.8. "Licensable" means having the right to grant, to the maximum
     extent possible, whether at the time of the initial grant or
     subsequently acquired, any and all of the rights conveyed herein.

1.9. "Modifications" means the Source Code and Executable form of any
      of the following:

      A. Any file that results from an addition to, deletion from or
         modification of the contents of a file containing Original
         Software or previous Modifications;

      B. Any new file that contains any part of the Original Software
         or previous Modification; or

      C. Any new file that is contributed or otherwise made available
         under the terms of this License.

1.10. "Original Software" means the Source Code and Executable form of
      computer software code that is originally released under this
      license.

1.11. "Patent Claims" means any patent claim(s), now owned or hereafter
      acquired, including without limitation, method, process, and
      apparatus claims, in any patent Licensable by grantor.

1.12. "Source Code" means (a) the common form of computer software code
      in which modifications are made and (b) associated documentation
      included in or with such code.

1.13. "You" (or "Your") means an individual or a legal entity
      exercising rights under, and complying with all of the terms of,
      this License. For legal entities, "You" includes any entity which
      controls, is controlled by, or is under common control with You.
      For purposes of this definition, "control" means (a) the power,
      direct or indirect, to cause the direction or management of such
      entity, whether by contract or otherwise, or (b) ownership of
      more than fifty percent (50%) of the outstanding shares or
      beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant.

     Conditioned upon Your compliance with Section 3.1 below and
     subject to third party intellectual property claims, the Initial
     Developer hereby grants You a world-wide, royalty-free, non-
     exclusive license:

     (a) under intellectual property rights (other than patent or
         trademark) Licensable by Initial Developer, to use, reproduce,
         modify, display, perform, sublicense and distribute the
         Original Software (or portions thereof), with or without
         Modifications, and/or as part of a Larger Work; and

     (b) under Patent Claims infringed by the making, using or selling
         of Original Software, to make, have made, use, practice, sell,
         and offer for sale, and/or otherwise dispose of the Original
         Software (or portions thereof).

     (c) The licenses granted in Sections 2.1(a) and (b) are effective
         on the date Initial Developer first distributes or otherwise
         makes the Original Software available to a third party under
         the terms of this License.

     (d) Notwithstanding Section 2.1(b) above, no patent license is
         granted: (1) for code that You delete from the Original
         Software, or (2) for infringements caused by: (i) the
         modification of the Original Software, or (ii) the combination
         of the Original Software with other software or devices.

2.2. Contributor Grant.

Conditioned upon Your compliance with Section 3.1 below and subject to
third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license:

(a) under intellectual property rights (other than patent or trademark)
    Licensable by Contributor to use, reproduce, modify, display,
    perform, sublicense and distribute the Modifications created by
    such Contributor (or portions thereof), either on an unmodified
    basis, with other Modifications, as Covered Software and/or as part
    of a Larger Work; and

(b) under Patent Claims infringed by the making, using, or selling of
    Modifications made by that Contributor either alone and/or in
    combination with its Contributor Version (or portions of such
    combination), to make, use, sell, offer for sale, have made, and/or
    otherwise dispose of: (1) Modifications made by that Contributor
    (or portions thereof); and (2) the combination of Modifications
    made by that Contributor with its Contributor Version (or portions
    of such combination).

(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on
    the date Contributor first distributes or otherwise makes the
    Modifications available to a third party.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
    (1) for any code that Contributor has deleted from the Contributor
    Version; (2) for infringements caused by: (i) third party
    modifications of Contributor Version, or (ii) the combination of
    Modifications made by that Contributor with other software (except
    as part of the Contributor Version) or other devices; or (3) under
    Patent Claims infringed by Covered Software in the absence of
    Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

     Any Covered Software that You distribute or otherwise make
     available in Executable form must also be made available in Source
     Code form and that Source Code form must be distributed only under
     the terms of this License. You must include a copy of this License
     with every copy of the Source Code form of the Covered Software
     You distribute or otherwise make available. You must inform
     recipients of any such Covered Software in xecutable form as to
     how they can obtain such Covered Software in Source Code form in a
     reasonable manner on or through a medium customarily used for
     software exchange.

3.2. Modifications.

     The Modifications that You create or to which You contribute are
     governed by the terms of this License. You represent that You
     believe Your Modifications are Your original creation(s) and/or
     You have sufficient rights to grant the rights conveyed by this
     License.

3.3. Required Notices.

     You must include a notice in each of Your Modifications that
     identifies You as the Contributor of the Modification. You may not
     remove or alter any copyright, patent or trademark notices
     contained within the Covered Software, or any notices of licensing
     or any descriptive text giving attribution to any Contributor or
     the Initial Developer.

3.4. Application of Additional Terms.

     You may not offer or impose any terms on any Covered Software in
     Source Code form that alters or restricts the applicable version
     of this License or the recipients' rights hereunder. You may
     choose to offer, and to charge a fee for, warranty, support,
     indemnity or liability obligations to one or more recipients of
     Covered Software. However, you may do so only on Your own behalf,
     and not on behalf of the Initial Developer or any Contributor. You
     must make it absolutely clear that any such warranty, support,
     indemnity or liability obligation is offered by You alone, and You
     hereby agree to indemnify the Initial Developer and every
     Contributor for any liability incurred by the Initial Developer or
     such Contributor as a result of warranty, support, indemnity or
     liability terms You offer.

3.5. Distribution of Executable Versions.

     You may distribute the Executable form of the Covered Software
     under the terms of this License or under the terms of a license of
     Your choice, which may contain terms different from this License,
     provided that You are in compliance with the terms of this License
     and that the license for the Executable form does not attempt to
     limit or alter the recipient's rights in the Source Code form from
     the rights set forth in this License. If You distribute the
     Covered Software in Executable form under a different license, You
     must make it absolutely clear that any terms which differ from
     this License are offered by You alone, not by the Initial
     Developer or Contributor. You hereby agree to indemnify the
     Initial Developer and every Contributor for any liability incurred
     by the Initial Developer or such Contributor as a result of any
     such terms You offer.

3.6. Larger Works.

     You may create a Larger Work by combining Covered Software with
     other code not governed by the terms of this License and
     distribute the Larger Work as a single product. In such a case,
     You must make sure the requirements of this License are fulfilled
     for the Covered Software.

4. Versions of the License.

4.1. New Versions.

     Sun Microsystems, Inc. is the initial license steward and may
     publish revised and/or new versions of this License from time to
     time. Each version will be given a distinguishing version number.
     Except as provided in Section 4.3, no one other than the license
     steward has the right to modify this License.

4.2. Effect of New Versions.

     You may always continue to use, distribute or otherwise make the
     Covered Software available under the terms of the version of the
     License under which You originally received the Covered Software.
     If the Initial Developer includes a notice in the Original
     Software prohibiting it from being distributed or otherwise made
     available under any subsequent version of the License, You must
     distribute and make the Covered Software available under the terms
     of the version of the License under which You originally received
     the Covered Software. Otherwise, You may also choose to use,
     distribute or otherwise make the
     Covered Software available under the terms of any subsequent
     version of the License published by the license steward.

4.3. Modified Versions.

     When You are an Initial Developer and You want to create a new
     license for Your Original Software, You may create and use a
     modified version of this License if You: (a) rename the license
     and remove any references to the name of the license steward
     (except to note that the license differs from this License); and
     (b) otherwise make it clear that the license contains terms which
     differ from this License.

5. DISCLAIMER OF WARRANTY.

   COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
   BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
   INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
   SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
   PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
   PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
   COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
   INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
   NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
   WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
   NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
   UNDER THIS DISCLAIMER.

6. TERMINATION.

6.1. This License and the rights granted hereunder will terminate
     automatically if You fail to comply with terms herein and fail to
     cure such breach within 30 days of becoming aware of the breach.
     Provisions which, by their nature, must remain in effect beyond
     the termination of this License shall survive.

6.2. If You assert a patent infringement claim (excluding declaratory
     judgment actions) against Initial Developer or a Contributor (the
     Initial Developer or Contributor against whom You assert such
     claim is referred to as "Participant") alleging that the
     Participant Software (meaning the Contributor Version where the
     Participant is a Contributor or the Original Software where the
     Participant is the Initial Developer) directly or indirectly
     infringes any patent, then any and all rights granted directly or
     indirectly to You by such Participant, the Initial Developer (if
     the Initial Developer is not the Participant) and all Contributors
     under Sections 2.1 and/or 2.2 of this License
     shall, upon 60 days notice from Participant terminate
     prospectively and automatically at the expiration of such 60 day
     notice period, unless if within such 60 day period You withdraw
     Your claim with respect to the Participant Software against such
     Participant either unilaterally or pursuant to a written agreement
     with Participant.

6.3. If You assert a patent infringement claim against Participant
     alleging that the Participant Software directly or indirectly
     infringes any patent where such claim is resolved (such as by
     license or settlement) prior to the initiation of patent
     infringement litigation, then the reasonable value of the licenses
     granted by such Participant under Sections 2.1 or 2.2 shall be
     taken into account in determining the amount or value of any
     payment or license.

6.4. In the event of termination under Sections 6.1 or 6.2 above, all
     end user licenses that have been validly granted by You or any
     distributor hereunder prior to termination (excluding licenses
     granted to You by any distributor) shall survive termination.

7. LIMITATION OF LIABILITY.

   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
   (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
   INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
   COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
   LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
   CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
   LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
   FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
   LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
   POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
   NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
   SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
   SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
   LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
   EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

   The Covered Software is a "commercial item" as that term is defined
   in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
   software" (as that term is defined at 48 C.F.R. " 252.227-7014(a)
   (1)) and "commercial computer software documentation" as such terms
   are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
   12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
   U.S. Government End Users acquire Covered Software with only those
   rights set forth herein. This U.S. Government Rights clause is in
   lieu of, and supersedes, any other FAR, DFAR, or other clause or
   provision that addresses Government rights in computer software
   under this License.

9. MISCELLANEOUS.

   This License represents the complete agreement concerning subject
   matter hereof. If any provision of this License is held to be
   unenforceable, such provision shall be reformed only to the extent
   necessary to make it enforceable. This License shall be governed by
   the law of the jurisdiction specified in a notice contained within
   the Original Software (except to the extent applicable law, if any,
   provides otherwise), excluding such jurisdiction's conflict-of-law
   provisions. Any litigation relating to this License shall be subject
   to the jurisdiction of the courts located in the jurisdiction and
   venue specified in a notice contained within the Original Software,
   with the losing party responsible for costs, including, without
   limitation, court costs and reasonable attorneys' fees and expenses.
   The application of the United Nations Convention on Contracts for
   the International Sale of Goods is expressly excluded. Any law or
   regulation which provides that the language of a contract shall be
   construed against the drafter shall not apply to this License. You
   agree that You alone are responsible for compliance with the United
   States export administration regulations (and the export control
   laws and regulation of any other countries) when You use, distribute
   or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

   As between Initial Developer and the Contributors, each party is
   responsible for claims and damages arising, directly or indirectly,
   out of its utilization of rights under this License and You agree to
   work with Initial Developer and Contributors to distribute such
   responsibility on an equitable basis. Nothing herein is intended or
   shall be deemed to constitute any admission of liability.


----------------------------------------------------------------------
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL)

The OpenSolaris code released under the CDDL shall be governed by the
laws of the State of California (excluding conflict-of-law provisions).
Any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of
California and the state courts of the State of California, with venue
lying in Santa Clara County, California.


License B:

THIS PRODUCT CONTAINS COMPUTER PROGRAMS AND RELATED DOCUMENTATION
("SOFTWARE") THAT BELONG TO QLOGIC CORPORATION ("QLOGIC"), THE USE OF WHICH
IS SUBJECT TO THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") UNLESS
OTHERWISE AGREED TO IN WRITING BY QLOGIC.  CLICKING ON THE "AGREE" BUTTON
BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES
ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU OR THE BUSINESS ENTITY ON WHOSE
BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY QLOGIC.
IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY.  WRITTEN
APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS
AGREEMENT.

1. License Grant.  Subject to the terms and conditions of this
   Agreement, QLogic grants Licensee a limited, non-exclusive license
   to redistribute, install, download and/or use the Software (in
   object code form only) with certain approved products manufactured
   by or for QLogic and approved products manufactured by or for an OEM
   customer of QLogic ("QLogic Approved Products").  This license is
   only available to original end user purchasers of QLogic Approved
   Products that have been purchased through QLogic authorized
   distribution channels or approved OEM distribution channels.  This
   license is not available to any end users of QLogic products who
   have purchased QLogic products, which have previously been used and
   the license is not available to any purchaser of QLogic application
   specific integrated circuits ("ASICs") or any product incorporating
   an ASIC, unless the product incorporating the ASIC is a QLogic
   Approved Product.  No rights or licenses in the Software are granted
   to Licensee other than those rights expressly granted in this
   Agreement.  Nothing in this License entitles Licensee to any
   upgrades or updates to, or future releases of, the Software. If
   Licensee redistributes the Software, then Licensee shall reproduce
   all copyright notices and must include this Agreement or an
   agreement which is at least as restrictive as this Agreement.

2. Permitted Use.  Licensee may only install and use the Software in
   accordance with the documentation provided with the Software and
   with QLogic Approved Products.

3. Intellectual Property Rights.  The Software contains or embodies
   intellectual property of QLogic (or any of its licensors). The
   structure, organization and code are valuable trade secrets of
   QLogic (or its licensors). QLogic and/or its licensors do not grant,
   convey or license to Licensee any rights under any patents,
   copyrights, trademarks or any other intellectual property except as
   specifically granted herein. The Software is protected under U.S.
   copyright laws, international treaty provisions and applicable laws
   (including patent laws, if applicable) of the country in which it is
   being used. Any unauthorized duplication of the Software is
   expressly forbidden.

4. Ownership of Software. Notwithstanding anything to the contrary,
   QLogic and its licensors retain all title to and, except as
   expressly and unambiguously licensed herein, all rights and interest
   in (i) the Software, all copies and derivative works thereof (by
   whomever produced), and (ii) all copyright rights, patent rights,
   trade secret rights, moral rights and all other intellectual
   property and proprietary rights anywhere in the world in the
   Software.  The Software is onl