1N/A--------------------------------------------------------------------
1N/A*STORAGE NETWORKING INDUSTRY ASSOCIATION
1N/A________________________
1N/A * 1.1 "Commercial Use" means distribution or otherwise making the
1N/A Covered Code available to a third party.
1N/A * 1.2 "Contributor" means each entity that creates or contributes to
1N/A the creation of Modifications.
1N/A * 1.3 "Contributor Version" means the combination of the Original
1N/A Code, prior Modifications used by a Contributor, and the
1N/A Modifications made by that particular Contributor.
1N/A * 1.4 "Covered Code" means the Original Code or Modifications or the
1N/A combination of the Original Code and Modifications, in each case
1N/A including portions thereof.
1N/A * 1.5 "Electronic Distribution Mechanism" means a mechanism
1N/A generally accepted in the software development community for the
1N/A electronic transfer of data.
1N/A * 1.6 "Executable" means Covered Code in any form other than Source
1N/A * 1.7 "Initial Developer" means the individual or entity identified
1N/A as the Initial Developer in the Source Code notice required by
1N/A * 1.8 "Larger Work" means a work which combines Covered Code or
1N/A portions thereof with code not governed by the terms of this License.
1N/A * 1.9 "License" means this document.
1N/A * 1.10 "Licensable" means having the right to grant, to the maximum
1N/A extent possible, whether at the time of the initial grant or
1N/A subsequently acquired, any and all of the rights conveyed herein.
1N/A * 1.11 "Modifications" means any addition to or deletion from the
1N/A substance or structure of either the Original Code or any previous
1N/A Modifications. When Covered Code is released as a series of files,
1N/A o A. Any addition to or deletion from the contents of a file
1N/A containing Original Code or previous Modifications.
1N/A o B. Any new file that contains any part of the Original Code
1N/A or previous Modifications.
1N/A 1.12 "Original Code" means Source Code of computer software code
1N/A which is described in the Source Code notice required by Exhibit A
1N/A as Original Code, and which, at the time of its release under this
1N/A License is not already Covered Code governed by this License.
1N/A * 1.13 "Patent Claims" means any patent claim(s), now owned or
1N/A hereafter acquired, including without limitation, method, process,
1N/A and apparatus claims, in any patent Licensable by grantor.
1N/A * 1.14 "Source Code" means the preferred form of the Covered Code
1N/A for making modifications to it, including all modules it contains,
1N/A plus any associated interface definition files, scripts used to
1N/A control compilation and installation of an Executable, or source
1N/A code differential comparisons against either the Original Code or
1N/A another well known, available Covered Code of the Contributor's
1N/A choice. The Source Code can be in a compressed or archival form,
1N/A provided the appropriate decompression or de-archiving software is
1N/A widely available for no charge.
1N/A * 1.15 "You" (or "Your") means an individual or a legal entity
1N/A exercising rights under, and complying with all of the terms of,
1N/A this License or a future version of this License issued under
1N/A Section 6.1. For legal entities, "You" includes any entity which
1N/A controls, is controlled by, or is under common control with You.
1N/A For purposes of this definition, "control" means (a) the power,
1N/A direct or indirect, to cause the direction or management of such
1N/A entity, whether by contract or otherwise, or (b) ownership of more
1N/A than fifty percent (50%) of the outstanding shares or beneficial
1N/A ownership of such entity
1N/A*2. Source Code License.*
1N/A * 2.1 The Initial Developer Grant. The Initial Developer hereby
1N/A grants You a world-wide, royalty-free, non-exclusive license,
1N/A subject to third party intellectual property claims:
1N/A o (a) under intellectual property rights (other than patent or
1N/A trademark) Licensable by Initial Developer to use,
1N/A reproduce, modify, display, perform, sublicense and
1N/A distribute the Original Code (or portions thereof) with or
1N/A without Modifications,
and/or as part of a Larger Work; and
1N/A o (b) under Patents Claims infringed by the making, using or
1N/A selling of Original Code, to make, have made, use, practice,
1N/A sell, and offer for sale,
and/or otherwise dispose of the
1N/A Original Code (or portions thereof).
1N/A o (c) the licenses granted in this Section 2.1(a) and (b) are
1N/A effective on the date Initial Developer first distributes
1N/A Original Code under the terms of this License.
1N/A o (d) Notwithstanding Section 2.1(b) above, no patent license
1N/A is granted: 1) for code that You delete from the Original
1N/A Code; 2) separate from the Original Code; or 3) for
1N/A infringements caused by: i) the modification of the Original
1N/A Code or ii) the combination of the Original Code with other
1N/A software or devices.
1N/A * 2.2 Contributor Grant. Subject to third party intellectual
1N/A property claims, each Contributor hereby grants You a world-wide,
1N/A royalty-free, non-exclusive license
1N/A o (a) under intellectual property rights (other than patent or
1N/A trademark) Licensable by Contributor, to use, reproduce,
1N/A modify, display, perform, sublicense and distribute the
1N/A Modifications created by such Contributor (or portions
1N/A thereof) either on an unmodified basis, with other
1N/A Modifications, as Covered Code
and/or as part of a Larger
1N/A o (b) under Patent Claims infringed by the making, using, or
1N/A selling of Modifications made by that Contributor either
1N/A alone
and/or in combination with its Contributor Version (or
1N/A portions of such combination), to make, use, sell, offer for
1N/A sale, have made,
and/or otherwise dispose of: 1)
1N/A Modifications made by that Contributor (or portions
1N/A thereof); and 2) the combination of Modifications made by
1N/A that Contributor with its Contributor Version (or portions
1N/A of such combination).
1N/A o (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
1N/A effective on the date Contributor first makes Commercial Use
1N/A of the Covered Code.
1N/A o (d) Notwithstanding Section 2.2(b) above, no patent license
1N/A is granted: 1) for any code that Contributor has deleted
1N/A from the Contributor Version; 2) separate from the
1N/A Contributor Version; 3) for infringements caused by: i)
1N/A third party modifications of Contributor Version or ii) the
1N/A combination of Modifications made by that Contributor with
1N/A other software (except as part of the Contributor Version)
1N/A or other devices; or 4) under Patent Claims infringed by
1N/A Covered Code in the absence of Modifications made by that
1N/A*3. Distribution Obligations.*
1N/A * 3.1 Application of License. The Modifications which You create or
1N/A to which You contribute are governed by the terms of this License,
1N/A including without limitation Section 2.2. The Source Code version
1N/A of Covered Code may be distributed only under the terms of this
1N/A License or a future version of this License released under Section
1N/A 6.1, and You must include a copy of this License with every copy
1N/A of the Source Code You distribute. You may not offer or impose any
1N/A terms on any Source Code version that alters or restricts the
1N/A applicable version of this License or the recipients' rights
1N/A hereunder. However, You may include an additional document
1N/A offering the additional rights described in Section 3.5.
1N/A * 3.2 Availability of Source Code. Any Modification which You create
1N/A or to which You contribute must be made available in Source Code
1N/A form under the terms of this License either on the same media as
1N/A an Executable version or via an accepted Electronic Distribution
1N/A Mechanism to anyone to whom you made an Executable version
1N/A available; and if made available via Electronic Distribution
1N/A Mechanism, must remain available for at least twelve (12) months
1N/A after the date it initially became available, or at least six (6)
1N/A months after a subsequent version of that particular Modification
1N/A has been made available to such recipients. You are responsible
1N/A for ensuring that the Source Code version remains available even
1N/A if the Electronic Distribution Mechanism is maintained by a third
1N/A * 3.3 Description of Modifications. You must cause all Covered Code
1N/A to which You contribute to contain a file documenting the changes
1N/A You made to create that Covered Code and the date of any change.
1N/A You must include a prominent statement that the Modification is
1N/A derived, directly or indirectly, from Original Code provided by
1N/A the Initial Developer and including the name of the Initial
1N/A Developer in (a) the Source Code, and (b) in any notice in an
1N/A Executable version or related documentation in which You describe
1N/A the origin or ownership of the Covered Code.
1N/A * 3.4 Intellectual Property Matters.
1N/A o (a) Third Party Claims. If Contributor has actual knowledge
1N/A that a license under a third party's intellectual property
1N/A rights is required to exercise the rights granted by such
1N/A Contributor under Sections 2.1 or 2.2, Contributor must
1N/A include a text file with the Source Code distribution titled
1N/A "LEGAL" which describes the claim and the party making the
1N/A claim in sufficient detail that a recipient will know whom
1N/A to contact. If Contributor obtains such knowledge after the
1N/A Modification is made available as described in Section 3.2,
1N/A Contributor shall promptly modify the LEGAL file in all
1N/A copies Contributor makes available thereafter.
1N/A o (b) Contributor API's. If Contributor's Modifications
1N/A include an application programming interface and Contributor
1N/A has actual knowledge of patent licenses which are reasonably
1N/A necessary to implement that API, Contributor must also
1N/A include this information in the LEGAL file.
1N/A o (c) Representations. Contributor represents that, except as
1N/A disclosed pursuant to Section 3.4(a) above, Contributor
1N/A believes that Contributor's Modifications are Contributor's
1N/A original creation(s)
and/or Contributor has sufficient
1N/A rights to grant the rights conveyed by this License.
1N/A * 3.5 Required Notices. You must duplicate the notice in *Exhibit A*
1N/A in each file of the Source Code. If it is not possible to put such
1N/A notice in a particular Source Code file due to its structure, then
1N/A You must include such notice in a location (such as a relevant
1N/A directory) where a user would be most likely to look for such a
1N/A notice. If You created one or more Modification(s) You may add
1N/A your name as a Contributor to the notice described in *Exhibit A.
1N/A *You must also duplicate this License in any documentation for the
1N/A Source Code where You describe recipients' rights or ownership
1N/A rights relating to Covered Code. You may choose to offer, and to
1N/A charge a fee for, warranty, support, indemnity or liability
1N/A obligations to one or more recipients of Covered Code. However,
1N/A You may do so only on Your own behalf, and not on behalf of the
1N/A Initial Developer or any Contributor. You must make it absolutely
1N/A clear that any such warranty, support, indemnity or liability
1N/A obligation is offered by You alone, and You hereby agree to
1N/A indemnify the Initial Developer and every Contributor for any
1N/A liability (excluding any liability arising from intellectual
1N/A property claims relating to the Covered Code) incurred by the
1N/A Initial Developer or such Contributor as a result of warranty,
1N/A support, indemnity or liability terms You offer.
1N/A * 3.6 Distribution of Executable Versions. You may distribute
1N/A Covered Code in Executable form only if the requirements of
1N/A Section* 3.1-3.5 *have been met for that Covered Code, and if You
1N/A include a notice stating that the Source Code version of the
1N/A Covered Code is available under the terms of this License,
1N/A including a description of how and where You have fulfilled the
1N/A obligation of Section *3.2.* The notice must be conspicuously
1N/A included in any notice in an Executable version, related
1N/A documentation or collateral in which You describe recipients'
1N/A rights relating to the Covered Code. You may distribute the
1N/A Executable version of Covered Code or ownership rights under a
1N/A license of Your choice, which may contain terms different from
1N/A this License, provided that You are in compliance with the terms
1N/A of this License and that the license for the Executable version
1N/A does not attempt to limit or alter the recipient's rights in the
1N/A Source Code version from the rights set forth in this License. If
1N/A You distribute the Executable version under a different license
1N/A You must make it absolutely clear that any terms which differ from
1N/A this License are offered by You alone, not by the Initial
1N/A Developer or any Contributor. You hereby agree to indemnify the
1N/A Initial Developer and every Contributor for any liability
1N/A (excluding any liability arising from intellectual property claims
1N/A relating to the Covered Code) incurred by the Initial Developer or
1N/A such Contributor as a result of any such terms You offer.
1N/A * 3.7 Larger Works. You may create a Larger Work by combining
1N/A Covered Code with other code not governed by the terms of this
1N/A License and distribute the Larger Work as a single product. In
1N/A such a case, You must make sure the requirements of this License
1N/A are fulfilled for the Covered Code.
1N/A*4. Inability to Comply Due to Statute or Regulation.* If it is
1N/Aimpossible for You to comply with any of the terms of this License with
1N/Arespect to some or all of the Covered Code due to statute, judicial
1N/Aorder, or regulation then You must: (a) comply with the terms of this
1N/ALicense to the maximum extent possible; and (b) describe the limitations
1N/Aand the code they affect. Such description must be included in the LEGAL
1N/Afile described in Section 3.4 and must be included with all
1N/Adistributions of the Source Code. Except to the extent prohibited by
1N/Astatute or regulation, such description must be sufficiently detailed
1N/Afor a recipient of ordinary skill to be able to understand it.
1N/A*5. Application of this License.* This License applies to code to which
1N/Athe Initial Developer has attached the notice in Exhibit A and to
1N/Arelated Covered Code.
1N/A*6. Versions of the License.*
1N/A * 6.1 New Versions. The Storage Networking Industry Association (the
1N/A "SNIA") may publish revised
and/or new versions of the License
1N/A from time to time. Each version will be given a distinguishing
1N/A * 6.2 Effect of New Versions. Once Covered Code has been published
1N/A under a particular version of the License, You may always continue
1N/A to use it under the terms of that version. You may also choose to
1N/A use such Covered Code under the terms of any subsequent version of
1N/A the License published by the SNIA. No one other than the SNIA has
1N/A the right to modify the terms applicable to Covered Code created
1N/A * 6.3 Derivative Works. If You create or use a modified version of
1N/A this License (which you may only do in order to apply it to code
1N/A which is not already Covered Code governed by this License), You
1N/A must (a) rename Your license so that the phrases "Storage
1N/A Networking Industry Association," "SNIA," or any confusingly
1N/A similar phrase do not appear in your license (except to note that
1N/A your license differs from this License) and (b) otherwise make it
1N/A clear that Your version of the license contains terms which differ
1N/A from the SNIA Public License. (Filling in the name of the Initial
1N/A Developer, Original Code or Contributor in the notice described in
1N/A Exhibit A shall not of themselves be deemed to be modifications of
1N/A*7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE
1N/AON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
1N/AIMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
1N/AIS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
1N/ANON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
1N/ACOVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
1N/ARESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
1N/ATHE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
1N/ADISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
1N/AUSE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
1N/A * *8.1 *This License and the rights granted hereunder will terminate
1N/A automatically if You fail to comply with terms herein and fail to
1N/A cure such breach within a reasonable time after becoming aware of
1N/A the breach. All sublicenses to the Covered Code which are properly
1N/A granted shall survive any termination of this License. Provisions
1N/A which, by their nature, must remain in effect beyond the
1N/A termination of this License shall survive.
1N/A * *8.2* If You initiate litigation by asserting a patent
1N/A infringement claim (excluding declaratory judgment actions)
1N/A against Initial Developer or a Contributor (the Initial Developer
1N/A or Contributor against whom You file such action is referred to as
1N/A "Participant") alleging that:
1N/A o *(a)* such Participant's Contributor Version directly or
1N/A indirectly infringes any patent, then any and all rights
1N/A granted by such Participant to You under Sections 2.1
and/or 1N/A 2.2 of this License shall, upon 60 days notice from
1N/A Participant terminate prospectively, unless if within 60
1N/A days after receipt of notice You either: (i) agree in
1N/A writing to pay Participant a mutually agreeable reasonable
1N/A royalty for Your past and future use of Modifications made
1N/A by such Participant, or (ii) withdraw Your litigation claim
1N/A with respect to the Contributor Version against such
1N/A Participant. If within 60 days of notice, a reasonable
1N/A royalty and payment arrangement are not mutually agreed upon
1N/A in writing by the parties or the litigation claim is not
1N/A withdrawn, the rights granted by Participant to You under
1N/A Sections 2.1
and/or 2.2 automatically terminate at the
1N/A expiration of the 60 day notice period specified above.
1N/A * *8.3* If You assert a patent infringement claim against
1N/A Participant alleging that such Participant's Contributor Version
1N/A directly or indirectly infringes any patent where such claim is
1N/A resolved (such as by license or settlement) prior to the
1N/A initiation of patent infringement litigation, then the reasonable
1N/A value of the licenses granted by such Participant under Sections
1N/A 2.1 or 2.2 shall be taken into account in determining the amount
1N/A or value of any payment or license.
1N/A * *8.4* In the event of termination under Sections 8.1 or 8.2 above,
1N/A all end user license agreements (excluding distributors and
1N/A resellers) which have been validly granted by You or any
1N/A distributor hereunder prior to termination shall survive termination.
1N/A*9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
1N/ATHEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
1N/ASHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
1N/ADISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
1N/ALIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
1N/ACONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
1N/ADAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
1N/AMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
1N/ASUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
1N/ATHIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
1N/APERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
1N/AAPPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
1N/AALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
1N/ADAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.*
1N/A*10.
U.S. GOVERNMENT END USERS.* The Covered Code is a "commercial
1N/Aitem," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995),
1N/Aconsisting of "commercial computer software" and "commercial computer
1N/Asoftware documentation," as such terms are used in 48
C.F.R. 12.212
1N/Athrough 227.7202-4 (June 1995), all
U.S. Government End Users acquire
1N/ACovered Code with only those rights set forth herein.
1N/A*11. MISCELLANEOUS *This License represents the complete agreement
1N/Aconcerning subject matter hereof. If any provision of this License is
1N/Aheld to be unenforceable, such provision shall be reformed only to the
1N/Aextent necessary to make it enforceable. This License shall be governed
1N/Aby California law provisions (except to the extent applicable law, if
1N/Aany, provides otherwise), excluding its conflict-of-law provisions. The
1N/Aapplication of the United Nations Convention on Contracts for the
1N/AInternational Sale of Goods is expressly excluded. Any law or regulation
1N/Awhich provides that the language of a contract shall be construed
1N/Aagainst the drafter shall not apply to this License.
1N/A*12. RESPONSIBILITY FOR CLAIMS.* As between Initial Developer and the
1N/AContributors, each party is responsible for claims and damages arising,
1N/Adirectly or indirectly, out of its utilization of rights under this
1N/ALicense and You agree to work with Initial Developer and Contributors to
1N/Adistribute such responsibility on an equitable basis. Nothing herein is
1N/Aintended or shall be deemed to constitute any admission of liability.
1N/A*13. MULTIPLE-LICENSED CODE.* Initial Developer may designate portions
1N/Aof the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means
1N/Athat the Initial Developer permits you to utilize portions of the
1N/ACovered Code under Your choice of this License or the alternative
1N/Alicenses, if any, specified by the Initial Developer in the file
1N/Adescribed in Exhibit A.
1N/A*14. ACCEPTANCE.* This License is accepted by You if You retain, use, or
1N/Adistribute the Covered Code for any purpose.
1N/A*EXHIBIT A �The SNIA Public License.*
1N/AThe contents of this file are subject to the SNIA Public License Version
1N/A1.1 (the "License"); you may not use this file except in compliance with
1N/Athe License. You may obtain a copy of the License at
1N/ASoftware distributed under the License is distributed on an "AS IS"
1N/Abasis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
1N/ALicense for the specific language governing rights and limitations under
1N/AThe Original Code is _ ._
1N/AThe Initial Developer of the Original Code is _ [COMPLETE THIS] _.
1N/AContributor(s): ______________________________________.