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diff --git a/licenses/SNIA b/licenses/SNIA new file mode 100644 index 000000000..ff06ad855 --- /dev/null +++ b/licenses/SNIA @@ -0,0 +1,428 @@ +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): ______________________________________. |