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| *STORAGE NETWORKING INDUSTRY ASSOCIATION |
| PUBLIC LICENSE |
| Version 1.1 * |
| ________________________ |
| |
| *1. Definitions.* |
| |
| * 1.1 "Commercial Use" means distribution or otherwise making the |
| Covered Code available to a third party. |
| * 1.2 "Contributor" means each entity that creates or contributes to |
| the creation of Modifications. |
| * 1.3 "Contributor Version" means the combination of the Original |
| Code, prior Modifications used by a Contributor, and the |
| Modifications made by that particular Contributor. |
| * 1.4 "Covered Code" means the Original Code or Modifications or the |
| combination of the Original Code and Modifications, in each case |
| including portions thereof. |
| * 1.5 "Electronic Distribution Mechanism" means a mechanism |
| generally accepted in the software development community for the |
| electronic transfer of data. |
| * 1.6 "Executable" means Covered Code in any form other than Source |
| Code. |
| * 1.7 "Initial Developer" means the individual or entity identified |
| as the Initial Developer in the Source Code notice required by |
| Exhibit A. |
| * 1.8 "Larger Work" means a work which combines Covered Code or |
| portions thereof with code not governed by the terms of this License. |
| * 1.9 "License" means this document. |
| * 1.10 "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. |
| * 1.11 "Modifications" means any addition to or deletion from the |
| substance or structure of either the Original Code or any previous |
| Modifications. When Covered Code is released as a series of files, |
| a Modification is: |
| o A. Any addition to or deletion from the contents of a file |
| containing Original Code or previous Modifications. |
| o B. Any new file that contains any part of the Original Code |
| or previous Modifications. |
| |
| 1.12 "Original Code" means Source Code of computer software code |
| which is described in the Source Code notice required by Exhibit A |
| as Original Code, and which, at the time of its release under this |
| License is not already Covered Code governed by this License. |
| |
| * 1.13 "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. |
| * 1.14 "Source Code" means the preferred form of the Covered Code |
| for making modifications to it, including all modules it contains, |
| plus any associated interface definition files, scripts used to |
| control compilation and installation of an Executable, or source |
| code differential comparisons against either the Original Code or |
| another well known, available Covered Code of the Contributor's |
| choice. The Source Code can be in a compressed or archival form, |
| provided the appropriate decompression or de-archiving software is |
| widely available for no charge. |
| * 1.15 "You" (or "Your") means an individual or a legal entity |
| exercising rights under, and complying with all of the terms of, |
| this License or a future version of this License issued under |
| Section 6.1. 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. Source Code License.* |
| |
| * 2.1 The Initial Developer Grant. The Initial Developer hereby |
| grants You a world-wide, royalty-free, non-exclusive license, |
| subject to third party intellectual property claims: |
| o (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 Code (or portions thereof) with or |
| without Modifications, and/or as part of a Larger Work; and |
| o (b) under Patents Claims infringed by the making, using or |
| selling of Original Code, to make, have made, use, practice, |
| sell, and offer for sale, and/or otherwise dispose of the |
| Original Code (or portions thereof). |
| o (c) the licenses granted in this Section 2.1(a) and (b) are |
| effective on the date Initial Developer first distributes |
| Original Code under the terms of this License. |
| o (d) Notwithstanding Section 2.1(b) above, no patent license |
| is granted: 1) for code that You delete from the Original |
| Code; 2) separate from the Original Code; or 3) for |
| infringements caused by: i) the modification of the Original |
| Code or ii) the combination of the Original Code with other |
| software or devices. |
| |
| * 2.2 Contributor Grant. Subject to third party intellectual |
| property claims, each Contributor hereby grants You a world-wide, |
| royalty-free, non-exclusive license |
| o (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 Code and/or as part of a Larger |
| Work; and |
| o (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). |
| o (c) the licenses granted in Sections 2.2(a) and 2.2(b) are |
| effective on the date Contributor first makes Commercial Use |
| of the Covered Code. |
| o (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) separate from the |
| Contributor Version; 3) 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 4) under Patent Claims infringed by |
| Covered Code in the absence of Modifications made by that |
| Contributor. |
| |
| *3. Distribution Obligations.* |
| |
| * 3.1 Application of License. The Modifications which You create or |
| to which You contribute are governed by the terms of this License, |
| including without limitation Section 2.2. The Source Code version |
| of Covered Code may be distributed only under the terms of this |
| License or a future version of this License released under Section |
| 6.1, and You must include a copy of this License with every copy |
| of the Source Code You distribute. You may not offer or impose any |
| terms on any Source Code version that alters or restricts the |
| applicable version of this License or the recipients' rights |
| hereunder. However, You may include an additional document |
| offering the additional rights described in Section 3.5. |
| * 3.2 Availability of Source Code. Any Modification which You create |
| or to which You contribute must be made available in Source Code |
| form under the terms of this License either on the same media as |
| an Executable version or via an accepted Electronic Distribution |
| Mechanism to anyone to whom you made an Executable version |
| available; and if made available via Electronic Distribution |
| Mechanism, must remain available for at least twelve (12) months |
| after the date it initially became available, or at least six (6) |
| months after a subsequent version of that particular Modification |
| has been made available to such recipients. You are responsible |
| for ensuring that the Source Code version remains available even |
| if the Electronic Distribution Mechanism is maintained by a third |
| party. |
| * 3.3 Description of Modifications. You must cause all Covered Code |
| to which You contribute to contain a file documenting the changes |
| You made to create that Covered Code and the date of any change. |
| You must include a prominent statement that the Modification is |
| derived, directly or indirectly, from Original Code provided by |
| the Initial Developer and including the name of the Initial |
| Developer in (a) the Source Code, and (b) in any notice in an |
| Executable version or related documentation in which You describe |
| the origin or ownership of the Covered Code. |
| * 3.4 Intellectual Property Matters. |
| o (a) Third Party Claims. If Contributor has actual knowledge |
| that a license under a third party's intellectual property |
| rights is required to exercise the rights granted by such |
| Contributor under Sections 2.1 or 2.2, Contributor must |
| include a text file with the Source Code distribution titled |
| "LEGAL" which describes the claim and the party making the |
| claim in sufficient detail that a recipient will know whom |
| to contact. If Contributor obtains such knowledge after the |
| Modification is made available as described in Section 3.2, |
| Contributor shall promptly modify the LEGAL file in all |
| copies Contributor makes available thereafter. |
| o (b) Contributor API's. If Contributor's Modifications |
| include an application programming interface and Contributor |
| has actual knowledge of patent licenses which are reasonably |
| necessary to implement that API, Contributor must also |
| include this information in the LEGAL file. |
| o (c) Representations. Contributor represents that, except as |
| disclosed pursuant to Section 3.4(a) above, Contributor |
| believes that Contributor's Modifications are Contributor's |
| original creation(s) and/or Contributor has sufficient |
| rights to grant the rights conveyed by this License. |
| * 3.5 Required Notices. You must duplicate the notice in *Exhibit A* |
| in each file of the Source Code. If it is not possible to put such |
| notice in a particular Source Code file due to its structure, then |
| You must include such notice in a location (such as a relevant |
| directory) where a user would be most likely to look for such a |
| notice. If You created one or more Modification(s) You may add |
| your name as a Contributor to the notice described in *Exhibit A. |
| *You must also duplicate this License in any documentation for the |
| Source Code where You describe recipients' rights or ownership |
| rights relating to Covered Code. You may choose to offer, and to |
| charge a fee for, warranty, support, indemnity or liability |
| obligations to one or more recipients of Covered Code. 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 (excluding any liability arising from intellectual |
| property claims relating to the Covered Code) incurred by the |
| Initial Developer or such Contributor as a result of warranty, |
| support, indemnity or liability terms You offer. |
| * 3.6 Distribution of Executable Versions. You may distribute |
| Covered Code in Executable form only if the requirements of |
| Section* 3.1-3.5 *have been met for that Covered Code, and if You |
| include a notice stating that the Source Code version of the |
| Covered Code is available under the terms of this License, |
| including a description of how and where You have fulfilled the |
| obligation of Section *3.2.* The notice must be conspicuously |
| included in any notice in an Executable version, related |
| documentation or collateral in which You describe recipients' |
| rights relating to the Covered Code. You may distribute the |
| Executable version of Covered Code or ownership rights under 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 version |
| does not attempt to limit or alter the recipient's rights in the |
| Source Code version from the rights set forth in this License. If |
| You distribute the Executable version 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 any Contributor. You hereby agree to indemnify the |
| Initial Developer and every Contributor for any liability |
| (excluding any liability arising from intellectual property claims |
| relating to the Covered Code) incurred by the Initial Developer or |
| such Contributor as a result of any such terms You offer. |
| * 3.7 Larger Works. You may create a Larger Work by combining |
| Covered Code 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 Code. |
| |
| *4. Inability to Comply Due to Statute or Regulation.* If it is |
| impossible for You to comply with any of the terms of this License with |
| respect to some or all of the Covered Code due to statute, judicial |
| order, or regulation then You must: (a) comply with the terms of this |
| License to the maximum extent possible; and (b) describe the limitations |
| and the code they affect. Such description must be included in the LEGAL |
| file described in Section 3.4 and must be included with all |
| distributions of the Source Code. Except to the extent prohibited by |
| statute or regulation, such description must be sufficiently detailed |
| for a recipient of ordinary skill to be able to understand it. |
| |
| *5. Application of this License.* This License applies to code to which |
| the Initial Developer has attached the notice in Exhibit A and to |
| related Covered Code. |
| |
| *6. Versions of the License.* |
| |
| * 6.1 New Versions. The Storage Networking Industry Association (the |
| "SNIA") may publish revised and/or new versions of the License |
| from time to time. Each version will be given a distinguishing |
| version number. |
| * 6.2 Effect of New Versions. Once Covered Code has been published |
| under a particular version of the License, You may always continue |
| to use it under the terms of that version. You may also choose to |
| use such Covered Code under the terms of any subsequent version of |
| the License published by the SNIA. No one other than the SNIA has |
| the right to modify the terms applicable to Covered Code created |
| under this License. |
| * 6.3 Derivative Works. If You create or use a modified version of |
| this License (which you may only do in order to apply it to code |
| which is not already Covered Code governed by this License), You |
| must (a) rename Your license so that the phrases "Storage |
| Networking Industry Association," "SNIA," or any confusingly |
| similar phrase do not appear in your license (except to note that |
| your license differs from this License) and (b) otherwise make it |
| clear that Your version of the license contains terms which differ |
| from the SNIA Public License. (Filling in the name of the Initial |
| Developer, Original Code or Contributor in the notice described in |
| Exhibit A shall not of themselves be deemed to be modifications of |
| this License.) |
| |
| *7. DISCLAIMER OF WARRANTY. COVERED CODE 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 CODE |
| 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 CODE IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
| DISCLAIMER.* |
| |
| *8. TERMINATION.* |
| |
| * *8.1 *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 a reasonable time after becoming aware of |
| the breach. All sublicenses to the Covered Code which are properly |
| granted shall survive any termination of this License. Provisions |
| which, by their nature, must remain in effect beyond the |
| termination of this License shall survive. |
| * *8.2* If You initiate litigation by asserting a patent |
| infringement claim (excluding declaratory judgment actions) |
| against Initial Developer or a Contributor (the Initial Developer |
| or Contributor against whom You file such action is referred to as |
| "Participant") alleging that: |
| o *(a)* such Participant's Contributor Version directly or |
| indirectly infringes any patent, then any and all rights |
| granted by such Participant to You under Sections 2.1 and/or |
| 2.2 of this License shall, upon 60 days notice from |
| Participant terminate prospectively, unless if within 60 |
| days after receipt of notice You either: (i) agree in |
| writing to pay Participant a mutually agreeable reasonable |
| royalty for Your past and future use of Modifications made |
| by such Participant, or (ii) withdraw Your litigation claim |
| with respect to the Contributor Version against such |
| Participant. If within 60 days of notice, a reasonable |
| royalty and payment arrangement are not mutually agreed upon |
| in writing by the parties or the litigation claim is not |
| withdrawn, the rights granted by Participant to You under |
| Sections 2.1 and/or 2.2 automatically terminate at the |
| expiration of the 60 day notice period specified above. |
| * *8.3* If You assert a patent infringement claim against |
| Participant alleging that such Participant's Contributor Version |
| 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. |
| |
| |
| |
| * *8.4* In the event of termination under Sections 8.1 or 8.2 above, |
| all end user license agreements (excluding distributors and |
| resellers) which have been validly granted by You or any |
| distributor hereunder prior to termination shall survive termination. |
| |
| *9. 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 CODE, 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.* |
| |
| *10. U.S. GOVERNMENT END USERS.* The Covered Code is a "commercial |
| item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), |
| consisting of "commercial computer software" 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 Code with only those rights set forth herein. |
| |
| *11. 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 California law provisions (except to the extent applicable law, if |
| any, provides otherwise), excluding its conflict-of-law provisions. 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. |
| |
| *12. 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. |
| |
| *13. MULTIPLE-LICENSED CODE.* Initial Developer may designate portions |
| of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means |
| that the Initial Developer permits you to utilize portions of the |
| Covered Code under Your choice of this License or the alternative |
| licenses, if any, specified by the Initial Developer in the file |
| described in Exhibit A. |
| |
| *14. ACCEPTANCE.* This License is accepted by You if You retain, use, or |
| distribute the Covered Code for any purpose. |
| |
| *EXHIBIT A —The SNIA Public License.* |
| |
| The contents of this file are subject to the SNIA Public License Version |
| 1.1 (the "License"); you may not use this file except in compliance with |
| the License. You may obtain a copy of the License at |
| |
| http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html |
| |
| Software distributed under the License is distributed on an "AS IS" |
| basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
| License for the specific language governing rights and limitations under |
| the License. |
| |
| The Original Code is _ ._ |
| |
| The Initial Developer of the Original Code is _ [COMPLETE THIS] _. |
| |
| Contributor(s): ______________________________________. |
| |