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3 *STORAGE NETWORKING INDUSTRY ASSOCIATION
4 PUBLIC LICENSE
5 Version 1.1 *
6 ________________________
8 *1. Definitions.*
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.
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.
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
71 *2. Source Code License.*
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.
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.
128 *3. Distribution Obligations.*
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.
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.
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.
251 *6. Versions of the License.*
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.)
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.*
289 *8. TERMINATION.*
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.
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.
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.*
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.
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.
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.
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.
383 *14. ACCEPTANCE.* This License is accepted by You if You retain, use, or
384 distribute the Covered Code for any purpose.
386 *EXHIBIT A —The SNIA Public License.*
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
392 http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html
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.
399 The Original Code is _ ._
401 The Initial Developer of the Original Code is _ [COMPLETE THIS] _.
403 Contributor(s): ______________________________________.