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<P><B>STORAGE NETWORKING INDUSTRY ASSOCIATION<BR></B><B>PUBLIC
LICENSE<BR></B><B>Version
1.1 <BR></B>________________________</P></CENTER>
<DIV align=left>
<P><B>1. Definitions.</B></P>
<UL>
<P><B>1.1 "Commercial Use"</B> means distribution or otherwise making
the Covered Code available to a third party. </P>
<P><B>1.2 "Contributor"</B> means each entity that creates or
contributes to the creation of Modifications. </P>
<P><B>1.3 "Contributor Version"</B> means the combination of the
Original Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor. </P>
<P><B>1.4 "Covered Code"</B> means the Original Code or Modifications or
the combination of the Original Code and Modifications, in each case
including portions thereof. </P>
<P><B>1.5 "Electronic Distribution Mechanism"</B> means a mechanism
generally accepted in the software development community for the
electronic transfer of data. </P>
<P><B>1.6 "Executable"</B> means Covered Code in any form other than
Source Code. </P>
<P><B>1.7 "Initial Developer"</B> means the individual or entity
identified as the Initial Developer in the Source Code notice required
by Exhibit A. </P>
<P><B>1.8 "Larger Work"</B> means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
</P>
<P><B>1.9 "License"</B> means this document. </P>
<P><B>1.10 "Licensable"</B> 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. </P>
<P><B>1.11 "Modifications"</B> 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: </P>
<UL>
<P><B>A.</B> Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications. </P>
<P><B>B.</B> Any new file that contains any part of the Original Code
or previous Modifications. </P></UL></UL>
<UL>
<P><B>1.12 "Original Code"</B> 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. </P>
<P><B>1.13 "Patent Claims"</B> means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor. </P>
<P><B>1.14 "Source Code"</B> 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. </P>
<P><B>1.15 "You" (or "Your")</B> 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.</P></UL>
<P><B>2. Source Code License.</B> </P>
<UL>
<P><B>2.1 The Initial Developer Grant.</B> The Initial Developer hereby
grants You a world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims:</P>
<UL>
<P><B>(a)</B> 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
Larger Work; and </P>
<P><B>(b)</B> under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice, sell, and
portions thereof). </P>
<P><B>(c)</B> 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. </P>
<P><B>(d)</B> 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. </P></UL></UL>
<UL>
<P><B>2.2 Contributor Grant.</B> Subject to third party intellectual
property claims, each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license </P>
<UL>
<P><B>(a)</B> 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
Larger Work; and </P>
<P><B>(b)</B> under Patent Claims infringed by the making, using, or
in combination with its Contributor Version (or portions of such
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). </P>
<P><B>(c)</B> 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. </P>
<P><B>(d)</B> 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.</P></UL></UL>
<P><B>3. Distribution Obligations.</B> </P>
<UL>
<P><B>3.1 Application of License.</B> 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. </P>
<P><B>3.2 Availability of Source Code.</B> 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. </P>
<P><B>3.3 Description of Modifications.</B> 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. </P>
<P><B>3.4 Intellectual Property Matters.</B></P>
<UL>
<P><B>(a) Third Party Claims. </B>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.</P>
<P><B>(b) Contributor API's. </B>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.<BR></P>
<P><B>(c) Representations.</B> 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)
by this License.</P></UL>
<P><B>3.5 Required Notices. </B>You must duplicate the notice in
<B>Exhibit A</B> 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 <B>Exhibit A. </B>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.</P>
<P><B>3.6 Distribution of Executable Versions. </B>You may distribute
Covered Code in Executable form only if the requirements of Section<B>
3.1-3.5 </B>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 <B>3.2.</B>
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.</P>
<P><B>3.7 Larger Works.</B> 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.</P></UL>
<P><B>4. Inability to Comply Due to Statute or Regulation.</B> 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.</P>
<P><B>5. Application of this License.</B> This License applies to code to
which the Initial Developer has attached the notice in Exhibit A and to
related Covered Code.</P>
<P><B>6. Versions of the License.</B> </P>
<UL>
<P><B>6.1 New Versions.</B> The Storage Networking Industry Association
time to time. Each version will be given a distinguishing version
number. </P>
<P><B>6.2 Effect of New Versions.</B> 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. </P>
<P><B>6.3 Derivative Works.</B> 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.)</P></UL>
<P><B>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.</B></P>
<P><B>8. TERMINATION. </B></P>
<UL>
<P><B>8.1 </B>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.</P>
<P><B>8.2</B> 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: </P>
<UL>
<P><B>(a)</B> such Participant's Contributor Version directly or
indirectly infringes any patent, then any and all rights granted by
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
notice period specified above. </P></UL>
<P><B>8.3</B> 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. </P>
<P><B>8.4</B> 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.</P></UL>
<P><B>9. LIMITATION OF LIABILITY. </B><B>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.</B></P>
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).
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
with only those rights set forth herein.</P>
<P><B>11. MISCELLANEOUS </B>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.</P>
<P><B>12. RESPONSIBILITY FOR CLAIMS.</B> 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.</P>
<P><B>13. MULTIPLE-LICENSED CODE.</B> 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.</P>
<P><B>14. ACCEPTANCE.</B> This License is accepted by You if You retain,
use, or distribute the Covered Code for any purpose. </P>
<P><B>EXHIBIT A �The SNIA Public License.</B></P>
<DIR>
<DIR>
<P>The contents of this file are subject to the SNIA Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at</P>
<P><A
href="http://www.snia.org/English/Resources/Code/OpenSource.html">/http://www.snia.org/English/Resources/Code/OpenSource.html</A></P>
<DIR></DIR>
<P>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.</P>
<P>The Original Code is
<U> .</U></P>
<P>The Initial Developer of the Original Code is <U> [COMPLETE
THIS] </U>.</P>
<P>Contributor(s):
______________________________________.</P></DIR></DIR></DIV>
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