+++ /dev/null
-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): ______________________________________.
projects / gentoo.git / commitdiff