license.html revision fcf3ce441efd61da9bb2884968af01cb7c1452cc
<!--
Copyright 2008 Sun Microsystems, Inc. All rights reserved.
Use is subject to license terms.
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 usr/src/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 usr/src/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
-->
<html><head>
<meta http-equiv="Content-Type" content="text/html; charset=windows-1252">
<meta name="GENERATOR" content="Microsoft FrontPage 4.0">
<meta name="ProgId" content="FrontPage.Editor.Document"><title>SNIA Public License v1.1</title>
<meta name="Microsoft Theme" content="none"></head>
<body>
<p align="center"><b>STORAGE NETWORKING INDUSTRY ASSOCIATION<br>
PUBLIC LICENSE<br>
Version 1.1&nbsp;</b><br>
________________________</p>
<p><b>1. Definitions.</b></p>
<ul>
<li>1.1 "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
</li><li>1.2 "Contributor" means each entity that creates or contributes
to the creation of Modifications.
</li><li>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.
</li><li>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.
</li><li>1.5 "Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for the electronic
transfer of data.
</li><li>1.6 "Executable" means Covered Code in any form other than
Source Code.
</li><li>1.7 "Initial Developer" means the individual or entity
identified as the Initial Developer in the Source Code notice required by
Exhibit A.
</li><li>1.8 "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
</li><li>1.9 "License" means this document.
</li><li>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.
</li><li>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:
<ul>
<li>A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.</li>
<li>B. Any new file that contains any part of the Original Code or
previous Modifications.</li>
</ul>
<p>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.
</p></li><li>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.
</li><li>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.
</li><li>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</li>
</ul>
<p><b>2. Source Code License.</b></p>
<ul>
<li>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:
<ul>
<li>(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
</li><li>(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).
</li><li>(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.
</li><li>(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.</li>
</ul>
</li>
</ul>
<ul>
<li>2.2 Contributor Grant. Subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license
<ul>
<li>(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
</li><li>(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).
</li><li>(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.
</li><li>(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.</li>
</ul>
</li>
</ul>
<p><b>3. Distribution Obligations.</b></p>
<ul>
<li>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.
</li><li>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.
</li><li>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.
</li><li>3.4 Intellectual Property Matters.
<ul>
<li>(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.
</li><li>(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.
</li><li>(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.</li>
</ul>
</li><li>3.5 Required Notices. 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.
</li><li>3.6 Distribution of Executable Versions. 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.
</li><li>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.</li>
</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>
<li>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.
</li><li>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.
</li><li>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.)</li>
</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>
<li><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.
</li><li><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:
<ul>
<li><b>(a)</b> 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.</li>
</ul>
</li><li><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>&nbsp;</p>
</li><li><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.</li>
</ul>
<p><b>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.</b></p>
<p><b>10. U.S. GOVERNMENT END USERS.</b> 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.</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>
<p>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</p>
<p>&nbsp;&nbsp;&nbsp; <a href="http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html">http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html</a></p>
<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>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;.</u></p>
<p>The Initial Developer of the Original Code is <u>&nbsp;&nbsp;[COMPLETE THIS]&nbsp;&nbsp;&nbsp;&nbsp;</u>.</p>
<p>Contributor(s): ______________________________________.</p>
</body></html>