1 mateus.baur 1.1 <p align="center">
2 <b>STORAGE NETWORKING INDUSTRY ASSOCIATION<br />
3 PUBLIC LICENSE<br />
4 Version 1.1 </b>
5 <br />
6 ________________________</p>
7 <p>
8 <b>1. Definitions.</b>
9 </p>
10 <ul>
11 <li>1.1 "Commercial Use" means distribution or otherwise making the Covered Code available
12 to a third party. </li>
13 <li>1.2 "Contributor" means each entity that creates or contributes to the creation
14 of Modifications.> </li>
15 <li>1.3 "Contributor Version" means the combination of the Original Code, prior Modifications
16 used by a Contributor, and the Modifications made by that particular Contributor.
17 </li>
18 <li>1.4 "Covered Code" means the Original Code or Modifications or the combination of
19 the Original Code and Modifications, in each case including portions thereof. </li>
20 <li>1.5 "Electronic Distribution Mechanism" means a mechanism generally accepted in
21 the software development community for the electronic transfer of data. </li>
22 mateus.baur 1.1 <li>1.6 "Executable" means Covered Code in any form other than Source Code. </li>
23 <li>1.7 "Initial Developer" means the individual or entity identified as the Initial
24 Developer in the Source Code notice required by Exhibit A. </li>
25 <li>1.8 "Larger Work" means a work which combines Covered Code or portions thereof with
26 code not governed by the terms of this License. </li>
27 <li>1.9 "License" means this document. </li>
28 <li>1.10 "Licensable" means having the right to grant, to the maximum extent possible,
29 whether at the time of the initial grant or subsequently acquired, any and all of
30 the rights conveyed herein. </li>
31 <li>1.11 "Modifications" means any addition to or deletion from the substance or structure
32 of either the Original Code or any previous Modifications. When Covered Code is
33 released as a series of files, a Modification is:
34 <ul>
35 <li>A. Any addition to or deletion from the contents of a file containing Original Code
36 or previous Modifications. </li>
37 <li>B. Any new file that contains any part of the Original Code or previous Modifications.
38 </li>
39 </ul>
40 </li>
41 </ul>
42 <ul>
43 mateus.baur 1.1 <li>1.12 "Original Code" means Source Code of computer software code which is described
44 in the Source Code notice required by Exhibit A as Original Code, and which, at
45 the time of its release under this License is not already Covered Code governed
46 by this License. </li>
47 <li>1.13 "Patent Claims" means any patent claim(s), now owned or hereafter acquired,
48 including without limitation, method, process, and apparatus claims, in any patent
49 Licensable by grantor. </li>
50 <li>1.14 "Source Code" means the preferred form of the Covered Code for making modifications
51 to it, including all modules it contains, plus any associated interface definition
52 files, scripts used to control compilation and installation of an Executable, or
53 source code differential comparisons against either the Original Code or another
54 well known, available Covered Code of the Contributor's choice. The Source Code
55 can be in a compressed or archival form, provided the appropriate decompression
56 or de-archiving software is widely available for no charge. </li>
57 <li>1.15 "You" (or "Your") means an individual or a legal entity exercising rights under,
58 and complying with all of the terms of, this License or a future version of this
59 License issued under Section 6.1. For legal entities, "You" includes any entity
60 which controls, is controlled by, or is under common control with You. For purposes
61 of this definition, "control" means (a) the power, direct or indirect, to cause
62 the direction or management of such entity, whether by contract or otherwise, or
63 (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial
64 mateus.baur 1.1 ownership of such entity </li>
65 </ul>
66 <p>
67 <b>2. Source Code License.</b>
68 </p>
69 <ul>
70 <li>2.1 The Initial Developer Grant. The Initial Developer hereby grants You a world-wide,
71 royalty-free, non-exclusive license, subject to third party intellectual property
72 claims:
73 <ul>
74 <li>(a) under intellectual property rights (other than patent or trademark) Licensable
75 by Initial Developer to use, reproduce, modify, display, perform, sublicense and
76 distribute the Original Code (or portions thereof) with or without Modifications,
77 and/or as part of a Larger Work; and </li>
78 <li>(b) under Patents Claims infringed by the making, using or selling of Original Code,
79 to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose
80 of the Original Code (or portions thereof). </li>
81 <li>(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
82 Initial Developer first distributes Original Code under the terms of this License.
83 </li>
84 <li>(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code
85 mateus.baur 1.1 that You delete from the Original Code; 2) separate from the Original Code; or 3)
86 for infringements caused by: i) the modification of the Original Code or ii) the
87 combination of the Original Code with other software or devices. </li>
88 </ul>
89 </li>
90 </ul>
91 <ul>
92 <li>2.2 Contributor Grant. Subject to third party intellectual property claims, each
93 Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
94 <ul>
95 <li>(a) under intellectual property rights (other than patent or trademark) Licensable
96 by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute
97 the Modifications created by such Contributor (or portions thereof) either on an
98 unmodified basis, with other Modifications, as Covered Code and/or as part of a
99 Larger Work; and </li>
100 <li>(b) under Patent Claims infringed by the making, using, or selling of Modifications
101 made by that Contributor either alone and/or in combination with its Contributor
102 Version (or portions of such combination), to make, use, sell, offer for sale, have
103 made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or
104 portions thereof); and 2) the combination of Modifications made by that Contributor
105 with its Contributor Version (or portions of such combination). </li>
106 mateus.baur 1.1 <li>(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
107 Contributor first makes Commercial Use of the Covered Code. </li>
108 <li>(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any
109 code that Contributor has deleted from the Contributor Version; 2) separate from
110 the Contributor Version; 3) for infringements caused by: i) third party modifications
111 of Contributor Version or ii) the combination of Modifications made by that Contributor
112 with other software (except as part of the Contributor Version) or other devices;
113 or 4) under Patent Claims infringed by Covered Code in the absence of Modifications
114 made by that Contributor. </li>
115 </ul>
116 </li>
117 </ul>
118 <p>
119 <b>3. Distribution Obligations.</b>
120 </p>
121 <ul>
122 <li>3.1 Application of License. The Modifications which You create or to which You contribute
123 are governed by the terms of this License, including without limitation Section
124 2.2. The Source Code version of Covered Code may be distributed only under the terms
125 of this License or a future version of this License released under Section 6.1,
126 and You must include a copy of this License with every copy of the Source Code You
127 mateus.baur 1.1 distribute. You may not offer or impose any terms on any Source Code version that
128 alters or restricts the applicable version of this License or the recipients' rights
129 hereunder. However, You may include an additional document offering the additional
130 rights described in Section 3.5. </li>
131 <li>3.2 Availability of Source Code. Any Modification which You create or to which You
132 contribute must be made available in Source Code form under the terms of this License
133 either on the same media as an Executable version or via an accepted Electronic
134 Distribution Mechanism to anyone to whom you made an Executable version available;
135 and if made available via Electronic Distribution Mechanism, must remain available
136 for at least twelve (12) months after the date it initially became available, or
137 at least six (6) months after a subsequent version of that particular Modification
138 has been made available to such recipients. You are responsible for ensuring that
139 the Source Code version remains available even if the Electronic Distribution Mechanism
140 is maintained by a third party. </li>
141 <li>3.3 Description of Modifications. You must cause all Covered Code to which You contribute
142 to contain a file documenting the changes You made to create that Covered Code and
143 the date of any change. You must include a prominent statement that the Modification
144 is derived, directly or indirectly, from Original Code provided by the Initial Developer
145 and including the name of the Initial Developer in (a) the Source Code, and (b)
146 in any notice in an Executable version or related documentation in which You describe
147 the origin or ownership of the Covered Code. </li>
148 mateus.baur 1.1 <li>3.4 Intellectual Property Matters.
149 <ul>
150 <li>(a) Third Party Claims. If Contributor has actual knowledge that a license under
151 a third party's intellectual property rights is required to exercise the rights
152 granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
153 a text file with the Source Code distribution titled "LEGAL" which describes the
154 claim and the party making the claim in sufficient detail that a recipient will
155 know whom to contact. If Contributor obtains such knowledge after the Modification
156 is made available as described in Section 3.2, Contributor shall promptly modify
157 the LEGAL file in all copies Contributor makes available thereafter. </li>
158 <li>(b) Contributor API's. If Contributor's Modifications include an application programming
159 interface and Contributor has actual knowledge of patent licenses which are reasonably
160 necessary to implement that API, Contributor must also include this information
161 in the LEGAL file. </li>
162 <li>(c) Representations. Contributor represents that, except as disclosed pursuant to
163 Section 3.4(a) above, Contributor believes that Contributor's Modifications are
164 Contributor's original creation(s) and/or Contributor has sufficient rights to grant
165 the rights conveyed by this License. </li>
166 </ul>
167 </li>
168 <li>3.5 Required Notices. You must duplicate the notice in <b>Exhibit A</b> in each
169 mateus.baur 1.1 file of the Source Code. If it is not possible to put such notice in a particular
170 Source Code file due to its structure, then You must include such notice in a location
171 (such as a relevant directory) where a user would be most likely to look for such
172 a notice. If You created one or more Modification(s) You may add your name as a
173 Contributor to the notice described in <b>Exhibit A. </b>You must also duplicate
174 this License in any documentation for the Source Code where You describe recipients'
175 rights or ownership rights relating to Covered Code. You may choose to offer, and
176 to charge a fee for, warranty, support, indemnity or liability obligations to one
177 or more recipients of Covered Code. However, You may do so only on Your own behalf,
178 and not on behalf of the Initial Developer or any Contributor. You must make it
179 absolutely clear that any such warranty, support, indemnity or liability obligation
180 is offered by You alone, and You hereby agree to indemnify the Initial Developer
181 and every Contributor for any liability (excluding any liability arising from intellectual
182 property claims relating to the Covered Code) incurred by the Initial Developer
183 or such Contributor as a result of warranty, support, indemnity or liability terms
184 You offer. </li>
185 <li>3.6 Distribution of Executable Versions. You may distribute Covered Code in Executable
186 form only if the requirements of Section<b> 3.1-3.5 </b>have been met for that Covered
187 Code, and if You include a notice stating that the Source Code version of the Covered
188 Code is available under the terms of this License, including a description of how
189 and where You have fulfilled the obligation of Section <b>3.2.</b> The notice must
190 mateus.baur 1.1 be conspicuously included in any notice in an Executable version, related documentation
191 or collateral in which You describe recipients' rights relating to the Covered Code.
192 You may distribute the Executable version of Covered Code or ownership rights under
193 a license of Your choice, which may contain terms different from this License, provided
194 that You are in compliance with the terms of this License and that the license for
195 the Executable version does not attempt to limit or alter the recipient's rights
196 in the Source Code version from the rights set forth in this License. If You distribute
197 the Executable version under a different license You must make it absolutely clear
198 that any terms which differ from this License are offered by You alone, not by the
199 Initial Developer or any Contributor. You hereby agree to indemnify the Initial
200 Developer and every Contributor for any liability (excluding any liability arising
201 from intellectual property claims relating to the Covered Code) incurred by the
202 Initial Developer or such Contributor as a result of any such terms You offer. </li>
203 <li>3.7 Larger Works. You may create a Larger Work by combining Covered Code with other
204 code not governed by the terms of this License and distribute the Larger Work as
205 a single product. In such a case, You must make sure the requirements of this License
206 are fulfilled for the Covered Code. </li>
207 </ul>
208 <p>
209 <b>4. Inability to Comply Due to Statute or Regulation.</b> If it is impossible
210 for You to comply with any of the terms of this License with respect to some or
211 mateus.baur 1.1 all of the Covered Code due to statute, judicial order, or regulation then You must:
212 (a) comply with the terms of this License to the maximum extent possible; and (b)
213 describe the limitations and the code they affect. Such description must be included
214 in the LEGAL file described in Section 3.4 and must be included with all distributions
215 of the Source Code. Except to the extent prohibited by statute or regulation, such
216 description must be sufficiently detailed for a recipient of ordinary skill to be
217 able to understand it.</p>
218 <p>
219 <b>5. Application of this License.</b> This License applies to code to which the
220 Initial Developer has attached the notice in Exhibit A and to related Covered Code.</p>
221 <p>
222 <b>6. Versions of the License.</b>
223 </p>
224 <ul>
225 <li>6.1 New Versions. The Storage Networking Industry Association (the "SNIA") may publish
226 revised and/or new versions of the License from time to time. Each version will
227 be given a distinguishing version number. </li>
228 <li>6.2 Effect of New Versions. Once Covered Code has been published under a particular
229 version of the License, You may always continue to use it under the terms of that
230 version. You may also choose to use such Covered Code under the terms of any subsequent
231 version of the License published by the SNIA. No one other than the SNIA has the
232 mateus.baur 1.1 right to modify the terms applicable to Covered Code created under this License.
233 </li>
234 <li>6.3 Derivative Works. If You create or use a modified version of this License (which
235 you may only do in order to apply it to code which is not already Covered Code governed
236 by this License), You must (a) rename Your license so that the phrases "Storage
237 Networking Industry Association," "SNIA," or any confusingly similar phrase do not
238 appear in your license (except to note that your license differs from this License)
239 and (b) otherwise make it clear that Your version of the license contains terms
240 which differ from the SNIA Public License. (Filling in the name of the Initial Developer,
241 Original Code or Contributor in the notice described in Exhibit A shall not of themselves
242 be deemed to be modifications of this License.) </li>
243 </ul>
244 <p>
245 <b>7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS
246 IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
247 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
248 FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
249 AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
250 IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
251 THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
252 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
253 mateus.baur 1.1 HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</b>
254 </p>
255 <p>
256 <b>8. TERMINATION. </b>
257 </p>
258 <ul>
259 <li><b>8.1 </b>This License and the rights granted hereunder will terminate automatically
260 if You fail to comply with terms herein and fail to cure such breach within a reasonable
261 time after becoming aware of the breach. All sublicenses to the Covered Code which
262 are properly granted shall survive any termination of this License. Provisions which,
263 by their nature, must remain in effect beyond the termination of this License shall
264 survive. </li>
265 <li><b>8.2</b> If You initiate litigation by asserting a patent infringement claim (excluding
266 declaratory judgment actions) against Initial Developer or a Contributor (the Initial
267 Developer or Contributor against whom You file such action is referred to as "Participant")
268 alleging that:
269 <ul>
270 <li><b>(a)</b> such Participant's Contributor Version directly or indirectly infringes
271 any patent, then any and all rights granted by such Participant to You under Sections
272 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate
273 prospectively, unless if within 60 days after receipt of notice You either: (i)
274 mateus.baur 1.1 agree in writing to pay Participant a mutually agreeable reasonable royalty for
275 Your past and future use of Modifications made by such Participant, or (ii) withdraw
276 Your litigation claim with respect to the Contributor Version against such Participant.
277 If within 60 days of notice, a reasonable royalty and payment arrangement are not
278 mutually agreed upon in writing by the parties or the litigation claim is not withdrawn,
279 the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically
280 terminate at the expiration of the 60 day notice period specified above. </li>
281 </ul>
282 </li>
283 <li><b>8.3</b> If You assert a patent infringement claim against Participant alleging
284 that such Participant's Contributor Version directly or indirectly infringes any
285 patent where such claim is resolved (such as by license or settlement) prior to
286 the initiation of patent infringement litigation, then the reasonable value of the
287 licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into
288 account in determining the amount or value of any payment or license.
289 <p>
290 </p>
291 </li>
292 <li><b>8.4</b> In the event of termination under Sections 8.1 or 8.2 above, all end
293 user license agreements (excluding distributors and resellers) which have been validly
294 granted by You or any distributor hereunder prior to termination shall survive termination.
295 mateus.baur 1.1 </li>
296 </ul>
297 <p>
298 <b>9. LIMITATION OF LIABILITY. </b><b>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
299 WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
300 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER
301 OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
302 OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
303 FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
304 ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
305 OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
306 TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE
307 TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
308 ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
309 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.</b>
310 </p>
311 <p>
312 <b>10. U.S. GOVERNMENT END USERS.</b> The Covered Code is a "commercial item," as
313 that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
314 software" and "commercial computer software documentation," as such terms are used
315 in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
316 mateus.baur 1.1 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
317 Covered Code with only those rights set forth herein.</p>
318 <p>
319 <b>11. MISCELLANEOUS </b>This License represents the complete agreement concerning
320 subject matter hereof. If any provision of this License is held to be unenforceable,
321 such provision shall be reformed only to the extent necessary to make it enforceable.
322 This License shall be governed by California law provisions (except to the extent
323 applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.
324 The application of the United Nations Convention on Contracts for the International
325 Sale of Goods is expressly excluded. Any law or regulation which provides that the
326 language of a contract shall be construed against the drafter shall not apply to
327 this License.</p>
328 <p>
329 <b>12. RESPONSIBILITY FOR CLAIMS.</b> As between Initial Developer and the Contributors,
330 each party is responsible for claims and damages arising, directly or indirectly,
331 out of its utilization of rights under this License and You agree to work with Initial
332 Developer and Contributors to distribute such responsibility on an equitable basis.
333 Nothing herein is intended or shall be deemed to constitute any admission of liability.</p>
334 <p>
335 <b>13. MULTIPLE-LICENSED CODE.</b> Initial Developer may designate portions of the
336 Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial
337 mateus.baur 1.1 Developer permits you to utilize portions of the Covered Code under Your choice
338 of this License or the alternative licenses, if any, specified by the Initial Developer
339 in the file described in Exhibit A.</p>
340 <p>
341 <b>14. ACCEPTANCE.</b> This License is accepted by You if You retain, use, or distribute
342 the Covered Code for any purpose.</p>
343 <p>
344 <b>EXHIBIT A —The SNIA Public License.</b>
345 </p>
346 <p>
347 The contents of this file are subject to the SNIA Public License Version 1.1 (the
348 "License"); you may not use this file except in compliance with the License. You
349 may obtain a copy of the License at</p>
350 <p>
351 http://www.snia.org/opensource/</p>
352 <p>
353 Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
354 WARRANTY OF ANY KIND, either express or implied. See the License for the specific
355 language governing rights and limitations under the License.</p>
356 <p>
357 The Original Code is <u>
358 mateus.baur 1.1 .</u>
359 </p>
360 <p>
361 The Initial Developer of the Original Code is <u> [COMPLETE THIS] </u>.</p>
362 <p>
363 Contributor(s): ______________________________________.</p>
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