STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1
________________________
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:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
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:
(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
(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).
(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.
(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
(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
(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 makes Commercial Use of
the Covered Code.
(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.
(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.
(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.
(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:
(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
1.0 (the "License"); you may not use this file except in compliance with
the License. You may obtain a copy of the License at
/http://www.snia.org/English/Resources/Code/OpenSource.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): ______________________________________.
