OpenSolaris_b135/pkgdefs/SUNWemlxs/lic_Emulex
--------------------------------------------------------------------
CDDL HEADER START
The contents of this file are subject to the terms of the
Common Development and Distribution License (the "License").
You may not use this file except in compliance with the License.
You can obtain a copy of the license at usr/src/OPENSOLARIS.LICENSE
or http://www.opensolaris.org/os/licensing.
See the License for the specific language governing permissions
and limitations under the License.
When distributing Covered Code, include this CDDL HEADER in each
file and include the License file at usr/src/OPENSOLARIS.LICENSE.
If applicable, add the following below this CDDL HEADER, with the
fields enclosed by brackets "[]" replaced with your own identifying
information: Portions Copyright [yyyy] [name of copyright owner]
CDDL HEADER END
--------------------------------------------------------------------
COPYRIGHT (c) 2004-2008 Emulex.
Emulex Leadville emlxs HBA device driver
This program includes a StorEdge SAN foundation Software (SFS) FCA device
driver ("Leadville") and Emulex hardware-specific firmware binary files. You
may modify and redistribute the device driver code (but not the firmware
binary files) under License 1, version 1.0 of the Common Development and
Distribution License ("CDDL") as published by Sun Microsystems, Inc., and
reproduced below. The Emulex firmware binary files are licensed under License
2.
REGARDLESS OF THE LICENSING MECHANISM USED OR APPLICABLE, THIS PROGRAM IS
PROVIDED BY EMULEX "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL EMULEX BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LICENSEE ACKNOWLEDGES AND AGREES THAT USE OF THIS PROGRAM WILL NOT CREATE OR
GIVE GROUNDS FOR A LICENSE BY IMPLICATION, ESTOPPEL, OR OTHERWISE IN ANY
INTELLECTUAL PROPERTY RIGHTS (PATENT, COPYRIGHT, TRADE SECRET, MASK WORK, OR
OTHER PROPRIETARY RIGHT) EMBODIED IN ANY EMULEX HARDWARE OR FIRMWARE, EITHER
SOLELY OR IN COMBINATION WITH THIS PROGRAM.
If Licensee uses or distributes only the device driver (without the firmware
binary files), only License #1 must accompany such device driver. Licensee
must include this entire file when Licensee uses or distributes both the
device driver and firmware binary files.
LICENSE #1
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software,
prior Modifications used by a Contributor (if any), and the Modifications
made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original Software
with files containing Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source
Code.
1.5. "Initial Developer" means the individual or entity that first makes
Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or
portions thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "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.
1.9. "Modifications" means the Source Code and Executable form of any of
the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original Software
or previous Modifications;
B. Any new file that contains any part of the Original Software
or previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form of
computer software code that is originally released under this License.
1.11. "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.
1.12. "Source Code" means (a) the common form of computer software code in
which modifications are made and (b) associated documentation included in or
with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License. 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. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, the Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license:
(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
Software (or portions thereof), with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling
of Original Software, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Software (or
portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective
on the date Initial Developer first distributes or otherwise makes
the Original Software available to a third party under the terms of
this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: (1) for code that You delete from the Original Software, or
(2) for infringements caused by: (i) the modification of the Original
Software, or (ii) the combination of the Original Software with other
software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license:
(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 Software and/or as part
of a Larger Work; and
(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).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or otherwise
makes the Modifications available to a third party.
(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) 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 (3) under
Patent Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in
Executable form must also be made available in Source Code form and that
Source Code form must be distributed only under the terms of this License.
You must include a copy of this License with every copy of the Source Code
form of the Covered Software You distribute or otherwise make available. You
must inform recipients of any such Covered Software in Executable form as to
how they can obtain such Covered Software in Source Code form in a reasonable
manner on or through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by
the terms of this License. You represent that You believe Your Modifications
are Your original creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You
as the Contributor of the Modification. You may not remove or alter any
copyright, patent or trademark notices contained within the Covered Software,
or any notices of licensing or any descriptive text giving attribution to any
Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code
form that alters or restricts the applicable version of this License or the
recipients' rights hereunder. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or more
recipients of Covered Software. 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
incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the
terms of this License or under the terms of 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 form does not attempt to limit or alter the recipient's rights in
the Source Code form from the rights set forth in this License. If You
distribute the Covered Software in Executable form 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
Contributor. You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software 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 Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish revised
and/or new versions of this License from time to time. Each version will be
given a distinguishing version number. Except as provided in Section 4.3, no
one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered
Software available under the terms of the version of the License under which
You originally received the Covered Software. If the Initial Developer
includes a notice in the Original Software prohibiting it from being
distributed or otherwise made available under any subsequent version of the
License, You must distribute and make the Covered Software available under
the terms of the version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to use, distribute or
otherwise make the Covered Software available under the terms of any
subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for
Your Original Software, You may create and use a modified version of this
License if You: (a) rename the license and remove any references to the name
of the license steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains terms
which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. 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 30 days of becoming aware of the breach. Provisions which, by
their nature, must remain in effect beyond the termination of this License
shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You assert such claim is referred to as
"Participant") alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor or the Original
Software where the Participant is the Initial Developer) directly or
indirectly infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if the Initial
Developer is not the Participant) and all Contributors under Sections 2.1
and/or 2.2 of this License shall, upon 60 days notice from Participant
terminate prospectively and automatically at the expiration of such 60 day
notice period, unless if within such 60 day period You withdraw Your claim
with respect to the Participant Software against such Participant either
unilaterally or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
user licenses that have been validly granted by You or any distributor
hereunder prior to termination (excluding licenses granted to You by any
distributor) shall survive termination.
7. 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 SOFTWARE, 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 LOST PROFITS, 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.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as
that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) 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
Software with only those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
provision that addresses Government rights in computer software under this
License.
9. 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 the law of the jurisdiction
specified in a notice contained within the Original Software (except to the
extent applicable law, if any, provides otherwise), excluding such
jurisdiction's conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within the Original
Software, with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys' fees and expenses. 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. You agree that You alone are
responsible for compliance with the United States export administration
regulations (and the export control laws and regulation of any other
countries) when You use, distribute or otherwise make available any Covered
Software.
10. 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.
-----------------------------------------------------------------------------
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)
The OpenSolaris code released under the CDDL shall be governed by the laws of
the State of California (excluding conflict-of-law provisions). Any
litigation relating to this License shall be subject to the jurisdiction of
the Federal Courts of the Northern District of California and the state
courts of the State of California, with venue lying in Santa Clara County,
California.
LICENSE #2
THIS PRODUCT CONTAINS FIRMWARE ("EMULEX FIRMWARE") THAT BELONGS TO EMULEX
CORPORATION ("EMULEX"), THE USE OF WHICH IS SUBJECT TO THIS LICENSE AGREEMENT
("AGREEMENT") UNLESS OTHERWISE AGREED TO IN WRITING BY EMULEX. INSTALLING OR
USING THE EMULEX FIRMWARE CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY EMULEX.
IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
LICENSEE SHALL NOT INSTALL OR USE THE EMULEX FIRMWARE. WRITTEN APPROVAL IS
NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.
1. Limited Licenses
1.1 Derivatives. Emulex hereby grants Licensee the personal,
nontransferable, nonexclusive, royalty-free right and license to include the
Emulex Firmware in derivative works that Licensee may create under the terms
and conditions of License #1. For avoidance of doubt, Licensee acknowledges
that the Emulex Firmware is not licensed under nor otherwise subject to the
terms and conditions of License #1.
1.2 Distribution. Emulex hereby grants Licensee the personal,
nontransferable, nonexclusive, royalty free, right and license to use,
distribute, and sublicense copies of Emulex Firmware solely for use with
Emulex hardware products for which the Emulex Firmware was written and that
Licensee has purchased from Sun Microsystems or its authorized distributors
or resellers. Such distribution may be on electronic media or via download
from Licensee's website or other electronic means. Licensee shall grant each
sublicensee a nonexclusive, nontransferable license to use the Emulex
Firmware in Object Code only and shall authorize such sublicensees to make
one archival copy of the Emulex Firmware. Licensee shall not use, reproduce,
duplicate, copy, or otherwise sublicense, disclose, distribute, or
disseminate the Emulex Firmware except as permitted under this Agreement.
1.3 End User. Emulex grants Licensee a personal, worldwide,
nontransferable, nonexclusive, royalty-free right and license to use the
Emulex Firmware only with Emulex hardware products and without circumventing
any security or rights management features.
1.4 Restrictions. Licensee agrees to maintain intact and not modify or
delete Emulex's copyright notice that is contained with each copy of the
Emulex Firmware. Licensee shall not (1) reverse engineer, reverse compile or
reverse assemble all or any part of the Emulex Firmware, (2) disseminate
performance information or analysis to any third party, other than solely for
product support purposes, from any source relating to the Emulex Firmware, or
cause or permit others to do either of both of the foregoing. Licensee
agrees to prevent any unauthorized copying of the Emulex Firmware.
2. Intellectual Property Rights. The Emulex Firmware is licensed, not sold.
Emulex or its licensors retain all right, title and interest, including
without limitation all intellectual property rights, in and to all copies,
regardless of form or media, of the Emulex Firmware. The Emulex Firmware
contains trade secrets of Emulex and Licensee agrees that it shall employ
reasonable security precautions to maintain the confidentiality of such trade
secrets.
3. Indemnity. Licensee shall defend, indemnify and hold Emulex harmless
from and against any and all claims, damages, liabilities, costs and expenses
(including, without limitation, attorneys' fees) arising out of Licensee's
breach of its obligations under this Agreement.
4. Term and termination. The term of this Agreement shall continue until
Licensee (a) ceases exercising its rights under Section 1 of this Agreement,
(b) breaches a material term of this Agreement, or (c) gives written notice
of termination to Emulex. Upon termination of this Agreement, all copies of
the Emulex Firmware in the possession of Licensee shall be either returned to
Emulex or destroyed by Licensee.
5. Warranty Disclaimer. Emulex makes no warranties whatsoever, express or
implied, with respect to the Emulex Firmware. Licensee agrees that the
Emulex Firmware is accepted and utilized "AS IS." EMULEX DISCLAIMS ANY AND
ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH
IN THIS AGREEMENT, WITH RESPECT TO THE EMULEX FIRMWARE; ANY DATA,
INFORMATION, OR OTHER MATERIAL FURNISHED TO THE LICENSEE HEREUNDER, INCLUDING
THEIR CONDITION; CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION; THE
EXISTENCE OF ANY LATENT OR PATENT DEFECTS; AND TITLE, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE.
6. Limitation of Liability. Emulex shall have no liability to Licensee, or
any third party, whether in contract, tort, negligence or products liability
for any claim, loss of use, business interruption, lost data, lost files, or
for any indirect, special, incidental, or consequential damages of any kind
or nature whatsoever arising out of or in connection with the use of or
inability to use the Emulex Firmware or the performance or operation of the
Emulex Firmware, even if Emulex has been advised of the possibility of such
damages occurring.
8. Miscellaneous. The laws of the state of California, without regard to
its choice of law rules, shall govern the interpretation and enforcement of
this Agreement. The parties are independent contractors of one another.
Nothing herein shall be deemed to create any relationship of agency,
partnership, or joint venture between the parties. Licensee represents that
it is acting on its own behalf and is not acting as an agent for or on behalf
of any third party, and further agrees that it may not assign its rights or
obligations under this Agreement without prior written consent of Emulex.
Both parties shall adhere to all applicable laws, regulations, and rules
relating to the export of Emulex Firmware and any other information provided
hereunder. If any term or condition of this Agreement is held invalid,
illegal or unenforceable by a court of competent jurisdiction, all the other
terms and conditions shall survive. The Emulex Firmware may be provided to
units or agencies of the U.S. government only as "commercial computer
firmware," "restricted computer firmware," or with "restricted rights" as
defined in applicable regulations, and may not be provided as source code.
Manufacturer is Emulex Design & Manufacturing Corporation, 3333 Susan St.,
Costa Mesa, CA 92626.