1 -------------------------------------------------------------------- 2 3 *STORAGE NETWORKING INDUSTRY ASSOCIATION 4 PUBLIC LICENSE 5 Version 1.1 * 6 ________________________ 7 8 *1. Definitions.* 9 10 * 1.1 "Commercial Use" means distribution or otherwise making the 11 Covered Code available to a third party. 12 * 1.2 "Contributor" means each entity that creates or contributes to 13 the creation of Modifications. 14 * 1.3 "Contributor Version" means the combination of the Original 15 Code, prior Modifications used by a Contributor, and the 16 Modifications made by that particular Contributor. 17 * 1.4 "Covered Code" means the Original Code or Modifications or the 18 combination of the Original Code and Modifications, in each case 19 including portions thereof. 20 * 1.5 "Electronic Distribution Mechanism" means a mechanism 21 generally accepted in the software development community for the 22 electronic transfer of data. 23 * 1.6 "Executable" means Covered Code in any form other than Source 24 Code. 25 * 1.7 "Initial Developer" means the individual or entity identified 26 as the Initial Developer in the Source Code notice required by 27 Exhibit A. 28 * 1.8 "Larger Work" means a work which combines Covered Code or 29 portions thereof with code not governed by the terms of this License. 30 * 1.9 "License" means this document. 31 * 1.10 "Licensable" means having the right to grant, to the maximum 32 extent possible, whether at the time of the initial grant or 33 subsequently acquired, any and all of the rights conveyed herein. 34 * 1.11 "Modifications" means any addition to or deletion from the 35 substance or structure of either the Original Code or any previous 36 Modifications. When Covered Code is released as a series of files, 37 a Modification is: 38 o A. Any addition to or deletion from the contents of a file 39 containing Original Code or previous Modifications. 40 o B. Any new file that contains any part of the Original Code 41 or previous Modifications. 42 43 1.12 "Original Code" means Source Code of computer software code 44 which is described in the Source Code notice required by Exhibit A 45 as Original Code, and which, at the time of its release under this 46 License is not already Covered Code governed by this License. 47 48 * 1.13 "Patent Claims" means any patent claim(s), now owned or 49 hereafter acquired, including without limitation, method, process, 50 and apparatus claims, in any patent Licensable by grantor. 51 * 1.14 "Source Code" means the preferred form of the Covered Code 52 for making modifications to it, including all modules it contains, 53 plus any associated interface definition files, scripts used to 54 control compilation and installation of an Executable, or source 55 code differential comparisons against either the Original Code or 56 another well known, available Covered Code of the Contributor's 57 choice. The Source Code can be in a compressed or archival form, 58 provided the appropriate decompression or de-archiving software is 59 widely available for no charge. 60 * 1.15 "You" (or "Your") means an individual or a legal entity 61 exercising rights under, and complying with all of the terms of, 62 this License or a future version of this License issued under 63 Section 6.1. For legal entities, "You" includes any entity which 64 controls, is controlled by, or is under common control with You. 65 For purposes of this definition, "control" means (a) the power, 66 direct or indirect, to cause the direction or management of such 67 entity, whether by contract or otherwise, or (b) ownership of more 68 than fifty percent (50%) of the outstanding shares or beneficial 69 ownership of such entity 70 71 *2. Source Code License.* 72 73 * 2.1 The Initial Developer Grant. The Initial Developer hereby 74 grants You a world-wide, royalty-free, non-exclusive license, 75 subject to third party intellectual property claims: 76 o (a) under intellectual property rights (other than patent or 77 trademark) Licensable by Initial Developer to use, 78 reproduce, modify, display, perform, sublicense and 79 distribute the Original Code (or portions thereof) with or 80 without Modifications, and/or as part of a Larger Work; and 81 o (b) under Patents Claims infringed by the making, using or 82 selling of Original Code, to make, have made, use, practice, 83 sell, and offer for sale, and/or otherwise dispose of the 84 Original Code (or portions thereof). 85 o (c) the licenses granted in this Section 2.1(a) and (b) are 86 effective on the date Initial Developer first distributes 87 Original Code under the terms of this License. 88 o (d) Notwithstanding Section 2.1(b) above, no patent license 89 is granted: 1) for code that You delete from the Original 90 Code; 2) separate from the Original Code; or 3) for 91 infringements caused by: i) the modification of the Original 92 Code or ii) the combination of the Original Code with other 93 software or devices. 94 95 * 2.2 Contributor Grant. Subject to third party intellectual 96 property claims, each Contributor hereby grants You a world-wide, 97 royalty-free, non-exclusive license 98 o (a) under intellectual property rights (other than patent or 99 trademark) Licensable by Contributor, to use, reproduce, 100 modify, display, perform, sublicense and distribute the 101 Modifications created by such Contributor (or portions 102 thereof) either on an unmodified basis, with other 103 Modifications, as Covered Code and/or as part of a Larger 104 Work; and 105 o (b) under Patent Claims infringed by the making, using, or 106 selling of Modifications made by that Contributor either 107 alone and/or in combination with its Contributor Version (or 108 portions of such combination), to make, use, sell, offer for 109 sale, have made, and/or otherwise dispose of: 1) 110 Modifications made by that Contributor (or portions 111 thereof); and 2) the combination of Modifications made by 112 that Contributor with its Contributor Version (or portions 113 of such combination). 114 o (c) the licenses granted in Sections 2.2(a) and 2.2(b) are 115 effective on the date Contributor first makes Commercial Use 116 of the Covered Code. 117 o (d) Notwithstanding Section 2.2(b) above, no patent license 118 is granted: 1) for any code that Contributor has deleted 119 from the Contributor Version; 2) separate from the 120 Contributor Version; 3) for infringements caused by: i) 121 third party modifications of Contributor Version or ii) the 122 combination of Modifications made by that Contributor with 123 other software (except as part of the Contributor Version) 124 or other devices; or 4) under Patent Claims infringed by 125 Covered Code in the absence of Modifications made by that 126 Contributor. 127 128 *3. Distribution Obligations.* 129 130 * 3.1 Application of License. The Modifications which You create or 131 to which You contribute are governed by the terms of this License, 132 including without limitation Section 2.2. The Source Code version 133 of Covered Code may be distributed only under the terms of this 134 License or a future version of this License released under Section 135 6.1, and You must include a copy of this License with every copy 136 of the Source Code You distribute. You may not offer or impose any 137 terms on any Source Code version that alters or restricts the 138 applicable version of this License or the recipients' rights 139 hereunder. However, You may include an additional document 140 offering the additional rights described in Section 3.5. 141 * 3.2 Availability of Source Code. Any Modification which You create 142 or to which You contribute must be made available in Source Code 143 form under the terms of this License either on the same media as 144 an Executable version or via an accepted Electronic Distribution 145 Mechanism to anyone to whom you made an Executable version 146 available; and if made available via Electronic Distribution 147 Mechanism, must remain available for at least twelve (12) months 148 after the date it initially became available, or at least six (6) 149 months after a subsequent version of that particular Modification 150 has been made available to such recipients. You are responsible 151 for ensuring that the Source Code version remains available even 152 if the Electronic Distribution Mechanism is maintained by a third 153 party. 154 * 3.3 Description of Modifications. You must cause all Covered Code 155 to which You contribute to contain a file documenting the changes 156 You made to create that Covered Code and the date of any change. 157 You must include a prominent statement that the Modification is 158 derived, directly or indirectly, from Original Code provided by 159 the Initial Developer and including the name of the Initial 160 Developer in (a) the Source Code, and (b) in any notice in an 161 Executable version or related documentation in which You describe 162 the origin or ownership of the Covered Code. 163 * 3.4 Intellectual Property Matters. 164 o (a) Third Party Claims. If Contributor has actual knowledge 165 that a license under a third party's intellectual property 166 rights is required to exercise the rights granted by such 167 Contributor under Sections 2.1 or 2.2, Contributor must 168 include a text file with the Source Code distribution titled 169 "LEGAL" which describes the claim and the party making the 170 claim in sufficient detail that a recipient will know whom 171 to contact. If Contributor obtains such knowledge after the 172 Modification is made available as described in Section 3.2, 173 Contributor shall promptly modify the LEGAL file in all 174 copies Contributor makes available thereafter. 175 o (b) Contributor API's. If Contributor's Modifications 176 include an application programming interface and Contributor 177 has actual knowledge of patent licenses which are reasonably 178 necessary to implement that API, Contributor must also 179 include this information in the LEGAL file. 180 o (c) Representations. Contributor represents that, except as 181 disclosed pursuant to Section 3.4(a) above, Contributor 182 believes that Contributor's Modifications are Contributor's 183 original creation(s) and/or Contributor has sufficient 184 rights to grant the rights conveyed by this License. 185 * 3.5 Required Notices. You must duplicate the notice in *Exhibit A* 186 in each file of the Source Code. If it is not possible to put such 187 notice in a particular Source Code file due to its structure, then 188 You must include such notice in a location (such as a relevant 189 directory) where a user would be most likely to look for such a 190 notice. If You created one or more Modification(s) You may add 191 your name as a Contributor to the notice described in *Exhibit A. 192 *You must also duplicate this License in any documentation for the 193 Source Code where You describe recipients' rights or ownership 194 rights relating to Covered Code. You may choose to offer, and to 195 charge a fee for, warranty, support, indemnity or liability 196 obligations to one or more recipients of Covered Code. However, 197 You may do so only on Your own behalf, and not on behalf of the 198 Initial Developer or any Contributor. You must make it absolutely 199 clear that any such warranty, support, indemnity or liability 200 obligation is offered by You alone, and You hereby agree to 201 indemnify the Initial Developer and every Contributor for any 202 liability (excluding any liability arising from intellectual 203 property claims relating to the Covered Code) incurred by the 204 Initial Developer or such Contributor as a result of warranty, 205 support, indemnity or liability terms You offer. 206 * 3.6 Distribution of Executable Versions. You may distribute 207 Covered Code in Executable form only if the requirements of 208 Section* 3.1-3.5 *have been met for that Covered Code, and if You 209 include a notice stating that the Source Code version of the 210 Covered Code is available under the terms of this License, 211 including a description of how and where You have fulfilled the 212 obligation of Section *3.2.* The notice must be conspicuously 213 included in any notice in an Executable version, related 214 documentation or collateral in which You describe recipients' 215 rights relating to the Covered Code. You may distribute the 216 Executable version of Covered Code or ownership rights under a 217 license of Your choice, which may contain terms different from 218 this License, provided that You are in compliance with the terms 219 of this License and that the license for the Executable version 220 does not attempt to limit or alter the recipient's rights in the 221 Source Code version from the rights set forth in this License. If 222 You distribute the Executable version under a different license 223 You must make it absolutely clear that any terms which differ from 224 this License are offered by You alone, not by the Initial 225 Developer or any Contributor. You hereby agree to indemnify the 226 Initial Developer and every Contributor for any liability 227 (excluding any liability arising from intellectual property claims 228 relating to the Covered Code) incurred by the Initial Developer or 229 such Contributor as a result of any such terms You offer. 230 * 3.7 Larger Works. You may create a Larger Work by combining 231 Covered Code with other code not governed by the terms of this 232 License and distribute the Larger Work as a single product. In 233 such a case, You must make sure the requirements of this License 234 are fulfilled for the Covered Code. 235 236 *4. Inability to Comply Due to Statute or Regulation.* If it is 237 impossible for You to comply with any of the terms of this License with 238 respect to some or all of the Covered Code due to statute, judicial 239 order, or regulation then You must: (a) comply with the terms of this 240 License to the maximum extent possible; and (b) describe the limitations 241 and the code they affect. Such description must be included in the LEGAL 242 file described in Section 3.4 and must be included with all 243 distributions of the Source Code. Except to the extent prohibited by 244 statute or regulation, such description must be sufficiently detailed 245 for a recipient of ordinary skill to be able to understand it. 246 247 *5. Application of this License.* This License applies to code to which 248 the Initial Developer has attached the notice in Exhibit A and to 249 related Covered Code. 250 251 *6. Versions of the License.* 252 253 * 6.1 New Versions. The Storage Networking Industry Association (the 254 "SNIA") may publish revised and/or new versions of the License 255 from time to time. Each version will be given a distinguishing 256 version number. 257 * 6.2 Effect of New Versions. Once Covered Code has been published 258 under a particular version of the License, You may always continue 259 to use it under the terms of that version. You may also choose to 260 use such Covered Code under the terms of any subsequent version of 261 the License published by the SNIA. No one other than the SNIA has 262 the right to modify the terms applicable to Covered Code created 263 under this License. 264 * 6.3 Derivative Works. If You create or use a modified version of 265 this License (which you may only do in order to apply it to code 266 which is not already Covered Code governed by this License), You 267 must (a) rename Your license so that the phrases "Storage 268 Networking Industry Association," "SNIA," or any confusingly 269 similar phrase do not appear in your license (except to note that 270 your license differs from this License) and (b) otherwise make it 271 clear that Your version of the license contains terms which differ 272 from the SNIA Public License. (Filling in the name of the Initial 273 Developer, Original Code or Contributor in the notice described in 274 Exhibit A shall not of themselves be deemed to be modifications of 275 this License.) 276 277 *7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE 278 ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR 279 IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE 280 IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR 281 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE 282 COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY 283 RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME 284 THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS 285 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO 286 USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 287 DISCLAIMER.* 288 289 *8. TERMINATION.* 290 291 * *8.1 *This License and the rights granted hereunder will terminate 292 automatically if You fail to comply with terms herein and fail to 293 cure such breach within a reasonable time after becoming aware of 294 the breach. All sublicenses to the Covered Code which are properly 295 granted shall survive any termination of this License. Provisions 296 which, by their nature, must remain in effect beyond the 297 termination of this License shall survive. 298 * *8.2* If You initiate litigation by asserting a patent 299 infringement claim (excluding declaratory judgment actions) 300 against Initial Developer or a Contributor (the Initial Developer 301 or Contributor against whom You file such action is referred to as 302 "Participant") alleging that: 303 o *(a)* such Participant's Contributor Version directly or 304 indirectly infringes any patent, then any and all rights 305 granted by such Participant to You under Sections 2.1 and/or 306 2.2 of this License shall, upon 60 days notice from 307 Participant terminate prospectively, unless if within 60 308 days after receipt of notice You either: (i) agree in 309 writing to pay Participant a mutually agreeable reasonable 310 royalty for Your past and future use of Modifications made 311 by such Participant, or (ii) withdraw Your litigation claim 312 with respect to the Contributor Version against such 313 Participant. If within 60 days of notice, a reasonable 314 royalty and payment arrangement are not mutually agreed upon 315 in writing by the parties or the litigation claim is not 316 withdrawn, the rights granted by Participant to You under 317 Sections 2.1 and/or 2.2 automatically terminate at the 318 expiration of the 60 day notice period specified above. 319 * *8.3* If You assert a patent infringement claim against 320 Participant alleging that such Participant's Contributor Version 321 directly or indirectly infringes any patent where such claim is 322 resolved (such as by license or settlement) prior to the 323 initiation of patent infringement litigation, then the reasonable 324 value of the licenses granted by such Participant under Sections 325 2.1 or 2.2 shall be taken into account in determining the amount 326 or value of any payment or license. 327 328 329 330 * *8.4* In the event of termination under Sections 8.1 or 8.2 above, 331 all end user license agreements (excluding distributors and 332 resellers) which have been validly granted by You or any 333 distributor hereunder prior to termination shall survive termination. 334 335 *9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL 336 THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, 337 SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY 338 DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 339 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 340 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, 341 DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 342 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 343 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 344 THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR 345 PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 346 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT 347 ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 348 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.* 349 350 *10. U.S. GOVERNMENT END USERS.* The Covered Code is a "commercial 351 item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), 352 consisting of "commercial computer software" and "commercial computer 353 software documentation," as such terms are used in 48 C.F.R. 12.212 354 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 355 through 227.7202-4 (June 1995), all U.S. Government End Users acquire 356 Covered Code with only those rights set forth herein. 357 358 *11. MISCELLANEOUS *This License represents the complete agreement 359 concerning subject matter hereof. If any provision of this License is 360 held to be unenforceable, such provision shall be reformed only to the 361 extent necessary to make it enforceable. This License shall be governed 362 by California law provisions (except to the extent applicable law, if 363 any, provides otherwise), excluding its conflict-of-law provisions. The 364 application of the United Nations Convention on Contracts for the 365 International Sale of Goods is expressly excluded. Any law or regulation 366 which provides that the language of a contract shall be construed 367 against the drafter shall not apply to this License. 368 369 *12. RESPONSIBILITY FOR CLAIMS.* As between Initial Developer and the 370 Contributors, each party is responsible for claims and damages arising, 371 directly or indirectly, out of its utilization of rights under this 372 License and You agree to work with Initial Developer and Contributors to 373 distribute such responsibility on an equitable basis. Nothing herein is 374 intended or shall be deemed to constitute any admission of liability. 375 376 *13. MULTIPLE-LICENSED CODE.* Initial Developer may designate portions 377 of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means 378 that the Initial Developer permits you to utilize portions of the 379 Covered Code under Your choice of this License or the alternative 380 licenses, if any, specified by the Initial Developer in the file 381 described in Exhibit A. 382 383 *14. ACCEPTANCE.* This License is accepted by You if You retain, use, or 384 distribute the Covered Code for any purpose. 385 386 *EXHIBIT A The SNIA Public License.* 387 388 The contents of this file are subject to the SNIA Public License Version 389 1.1 (the "License"); you may not use this file except in compliance with 390 the License. You may obtain a copy of the License at 391 392 http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html 393 394 Software distributed under the License is distributed on an "AS IS" 395 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the 396 License for the specific language governing rights and limitations under 397 the License. 398 399 The Original Code is _ ._ 400 401 The Initial Developer of the Original Code is _ [COMPLETE THIS] _. 402 403 Contributor(s): ______________________________________. 404 405
Indexes created Thu Nov 26 13:14:29 UTC 2009
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