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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+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): ______________________________________.