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Revision: 1.1, Fri Nov 10 11:38:20 2006 UTC (17 years, 6 months ago) by mateus.baur
Branch: MAIN
CVS Tags: HEAD
BUG#: 3275
TITLE: Add copy of SNIA Public License to docs directory

DESCRIPTION: Added SNIA Public License to docs directory

<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.&gt; </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>
    </li>
</ul>
<ul>
    <li>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. </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>
        </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. </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>
<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>
    http://www.snia.org/opensource/</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; .</u>
</p>
<p>
    The Initial Developer of the Original Code is <u>&nbsp; [COMPLETE THIS] &nbsp; &nbsp;</u>.</p>
<p>
    Contributor(s): ______________________________________.</p>

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