OpenSolaris_b135/lib/smhba/THIRDPARTYLICENSE
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*STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1 *
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*1. Definitions.*
* 1.1 "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
* 1.2 "Contributor" means each entity that creates or contributes to
the creation of Modifications.
* 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.
* 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.
* 1.5 "Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for the
electronic transfer of data.
* 1.6 "Executable" means Covered Code in any form other than Source
Code.
* 1.7 "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by
Exhibit A.
* 1.8 "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
* 1.9 "License" means this document.
* 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.
* 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:
o A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
o B. Any new file that contains any part of the Original Code
or previous Modifications.
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.
* 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.
* 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.
* 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
*2. Source Code License.*
* 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:
o (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
o (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).
o (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.
o (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.
* 2.2 Contributor Grant. Subject to third party intellectual
property claims, each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license
o (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
o (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).
o (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.
o (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.
*3. Distribution Obligations.*
* 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.
* 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.
* 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.
* 3.4 Intellectual Property Matters.
o (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.
o (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.
o (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.
* 3.5 Required Notices. You must duplicate the notice in *Exhibit A*
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 *Exhibit A.
*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.
* 3.6 Distribution of Executable Versions. You may distribute
Covered Code in Executable form only if the requirements of
Section* 3.1-3.5 *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 *3.2.* 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.
* 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.
*4. Inability to Comply Due to Statute or Regulation.* 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.
*5. Application of this License.* This License applies to code to which
the Initial Developer has attached the notice in Exhibit A and to
related Covered Code.
*6. Versions of the License.*
* 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.
* 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.
* 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.)
*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.*
*8. TERMINATION.*
* *8.1 *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.
* *8.2* 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:
o *(a)* 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.
* *8.3* 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.
* *8.4* 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.
*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.*
*10. U.S. GOVERNMENT END USERS.* 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.
*11. MISCELLANEOUS *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.
*12. RESPONSIBILITY FOR CLAIMS.* 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.
*13. MULTIPLE-LICENSED CODE.* 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.
*14. ACCEPTANCE.* This License is accepted by You if You retain, use, or
distribute the Covered Code for any purpose.
*EXHIBIT A —The SNIA Public License.*
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
http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html
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.
The Original Code is _ ._
The Initial Developer of the Original Code is _ [COMPLETE THIS] _.
Contributor(s): ______________________________________.