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STORAGE NETWORKING INDUSTRY ASSOCIATION
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PUBLIC LICENSE
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Version 1.1
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1. Definitions.
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1.1 "Commercial Use" means distribution or otherwise making the Covered Code
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available to a third party.
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1.2 "Contributor" means each entity that creates or contributes to the creation
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of Modifications.
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1.3 "Contributor Version" means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.4 "Covered Code" means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.5 "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.6 "Executable" means Covered Code in any form other than Source Code.
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1.7 "Initial Developer" means the individual or entity identified as the Initial
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Developer in the Source Code notice required by Exhibit A.
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1.8 "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.9 "License" means this document.
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1.10 "Licensable" means having the right to grant, to the maximum extent possible,
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whether at the time of the initial grant or subsequently acquired, any and
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all of the rights conveyed herein.
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1.11 "Modifications" means any addition to or deletion from the substance
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or structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.12 "Original Code" means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.13 "Patent Claims" means any patent claim(s), now owned or hereafter acquired,
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including without limitation, method, process, and apparatus claims, in any
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patent Licensable by grantor.
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1.14 "Source Code" means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or source code differential comparisons against either the
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Original Code or another well known, available Covered Code of the Contributor's
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choice. The Source Code can be in a compressed or archival form, provided
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the appropriate decompression or de-archiving software is widely available
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for no charge.
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1.15 "You" (or "Your") means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 6.1. For legal entities, "You" includes
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any entity which controls, is controlled by, or is under common control with
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You. For purposes of this definition, "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of more than fifty percent (50%)
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of the outstanding shares or beneficial ownership of such entity
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2. Source Code License.
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2.1 The Initial Developer Grant. The Initial Developer hereby grants You a
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world-wide, royalty-free, non-exclusive license, subject to third party intellectual
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property claims:
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Initial Developer to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Code (or portions thereof) with or without Modifications,
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and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
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date Initial Developer first distributes Original Code under the terms of
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this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
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for code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or devices.
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2.2 Contributor Grant. Subject to third party intellectual property claims,
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each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Contributor, to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof)
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either on an unmodified basis, with other Modifications, as Covered Code and/or
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as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of Modifications
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made by that Contributor either alone and/or in combination with its Contributor
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Version (or portions of such combination), to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
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(or portions thereof); and 2) the combination of Modifications made by that
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Contributor with its Contributor Version (or portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first makes Commercial Use of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
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for any code that Contributor has deleted from the Contributor Version; 2)
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separate from the Contributor Version; 3) for infringements caused by: i)
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third party modifications of Contributor Version or ii) the combination of
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Modifications made by that Contributor with other software (except as part
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed
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by Covered Code in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1 Application of License. The Modifications which You create or to which
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You contribute are governed by the terms of this License, including without
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limitation Section 2.2. The Source Code version of Covered Code may be distributed
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only under the terms of this License or a future version of this License released
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under Section 6.1, and You must include a copy of this License with every
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copy of the Source Code You distribute. You may not offer or impose any terms
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on any Source Code version that alters or restricts the applicable version
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of this License or the recipients' rights hereunder. However, You may include
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an additional document offering the additional rights described in Section
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3.5.
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3.2 Availability of Source Code. Any Modification which You create or to which
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You contribute must be made available in Source Code form under the terms
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of this License either on the same media as an Executable version or via an
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accepted Electronic Distribution Mechanism to anyone to whom you made an Executable
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version available; and if made available via Electronic Distribution Mechanism,
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must remain available for at least twelve (12) months after the date it initially
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became available, or at least six (6) months after a subsequent version of
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that particular Modification has been made available to such recipients. You
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are responsible for ensuring that the Source Code version remains available
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even if the Electronic Distribution Mechanism is maintained by a third party.
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3.3 Description of Modifications. You must cause all Covered Code to which
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You contribute to contain a file documenting the changes You made to create
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that Covered Code and the date of any change. You must include a prominent
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statement that the Modification is derived, directly or indirectly, from Original
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Code provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an Executable version
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or related documentation in which You describe the origin or ownership of
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the Covered Code.
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3.4 Intellectual Property Matters.
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(a) Third Party Claims. If Contributor has actual knowledge that a license
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under a third party's intellectual property rights is required to exercise
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the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor
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must include a text file with the Source Code distribution titled "LEGAL"
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which describes the claim and the party making the claim in sufficient detail
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that a recipient will know whom to contact. If Contributor obtains such knowledge
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after the Modification is made available as described in Section 3.2, Contributor
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shall promptly modify the LEGAL file in all copies Contributor makes available
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thereafter.
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(b) Contributor API's. If Contributor's Modifications include an application
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programming interface and Contributor has actual knowledge of patent licenses
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which are reasonably necessary to implement that API, Contributor must also
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include this information in the LEGAL file.
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(c) Representations. Contributor represents that, except as disclosed pursuant
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to Section 3.4(a) above, Contributor believes that Contributor's Modifications
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are Contributor's original creation(s) and/or Contributor has sufficient rights
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to grant the rights conveyed by this License.
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3.5 Required Notices. You must duplicate the notice in Exhibit A in each file
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of the Source Code. If it is not possible to put such notice in a particular
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Source Code file due to its structure, then You must include such notice in
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a location (such as a relevant directory) where a user would be most likely
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to look for such a notice. If You created one or more Modification(s) You
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may add your name as a Contributor to the notice described in Exhibit A. You
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must also duplicate this License in any documentation for the Source Code
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where You describe recipients' rights or ownership rights relating to Covered
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Code. You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of Covered Code.
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However, You may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear that any such
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warranty, support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Initial Developer and every Contributor
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for any liability (excluding any liability arising from intellectual property
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claims relating to the Covered Code) incurred by the Initial Developer or
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such Contributor as a result of warranty, support, indemnity or liability
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terms You offer.
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3.6 Distribution of Executable Versions. You may distribute Covered Code in
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Executable form only if the requirements of Section 3.1-3.5 have been met
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for that Covered Code, and if You include a notice stating that the Source
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Code version of the Covered Code is available under the terms of this License,
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including a description of how and where You have fulfilled the obligation
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of Section 3.2. The notice must be conspicuously included in any notice in
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an Executable version, related documentation or collateral in which You describe
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recipients' rights relating to the Covered Code. You may distribute the Executable
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version of Covered Code or ownership rights under a license of Your choice,
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which may contain terms different from this License, provided that You are
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in compliance with the terms of this License and that the license for the
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Executable version does not attempt to limit or alter the recipient's rights
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in the Source Code version from the rights set forth in this License. If You
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distribute the Executable version under a different license You must make
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it absolutely clear that any terms which differ from this License are offered
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by You alone, not by the Initial Developer or any Contributor. You hereby
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agree to indemnify the Initial Developer and every Contributor for any liability
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(excluding any liability arising from intellectual property claims relating
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to the Covered Code) incurred by the Initial Developer or such Contributor
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as a result of any such terms You offer.
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3.7 Larger Works. You may create a Larger Work by combining Covered Code with
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other code not governed by the terms of this License and distribute the Larger
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Work as a single product. In such a case, You must make sure the requirements
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of this License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation. If it is impossible for
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You to comply with any of the terms of this License with respect to some or
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all of the Covered Code due to statute, judicial order, or regulation then
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You must: (a) comply with the terms of this License to the maximum extent
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possible; and (b) describe the limitations and the code they affect. Such
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description must be included in the LEGAL file described in Section 3.4 and
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must be included with all distributions of the Source Code. Except to the
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extent prohibited by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be able to understand it.
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5. Application of this License. This License applies to code to which the
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Initial Developer has attached the notice in Exhibit A and to related Covered
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Code.
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6. Versions of the License.
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6.1 New Versions. The Storage Networking Industry Association (the "SNIA")
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may publish revised and/or new versions of the License from time to time.
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Each version will be given a distinguishing version number.
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6.2 Effect of New Versions. Once Covered Code has been published under a particular
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version of the License, You may always continue to use it under the terms
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of that version. You may also choose to use such Covered Code under the terms
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of any subsequent version of the License published by the SNIA. No one other
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than the SNIA has the right to modify the terms applicable to Covered Code
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created under this License.
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6.3 Derivative Works. If You create or use a modified version of this License
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(which you may only do in order to apply it to code which is not already Covered
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Code governed by this License), You must (a) rename Your license so that the
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phrases "Storage Networking Industry Association," "SNIA," or any confusingly
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similar phrase do not appear in your license (except to note that your license
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differs from this License) and (b) otherwise make it clear that Your version
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of the license contains terms which differ from the SNIA Public License. (Filling
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in the name of the Initial Developer, Original Code or Contributor in the
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notice described in Exhibit A shall not of themselves be deemed to be modifications
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of this License.)
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7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON
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AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
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ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH
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YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
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SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
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ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
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EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1 This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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a reasonable time after becoming aware of the breach. All sublicenses to the
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Covered Code which are properly granted shall survive any termination of this
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License. Provisions which, by their nature, must remain in effect beyond the
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termination of this License shall survive.
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8.2 If You initiate litigation by asserting a patent infringement claim (excluding
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declaratory judgment actions) against Initial Developer or a Contributor (the
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Initial Developer or Contributor against whom You file such action is referred
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to as "Participant") alleging that: o (a) such Participant's Contributor Version
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directly or indirectly infringes any patent, then any and all rights granted
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by such Participant to You under Sections 2.1 and/or 2.2 of this License shall,
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upon 60 days notice from Participant terminate prospectively, unless if within
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60 days after receipt of notice You either: (i) agree in writing to pay Participant
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a mutually agreeable reasonable royalty for Your past and future use of Modifications
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made by such Participant, or (ii) withdraw Your litigation claim with respect
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to the Contributor Version against such Participant. If within 60 days of
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notice, a reasonable royalty and payment arrangement are not mutually agreed
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upon in writing by the parties or the litigation claim is not withdrawn, the
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rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically
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terminate at the expiration of the 60 day notice period specified above.
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8.3 If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination.
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9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
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INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
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OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
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EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
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MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as
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that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
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computer software" and "commercial computer software documentation," as such
|
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
|
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
|
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End Users acquire Covered Code with only those rights set forth herein.
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11. MISCELLANEOUS This License represents the complete agreement concerning
|
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subject matter hereof. If any provision of this License is held to be unenforceable,
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such provision shall be reformed only to the extent necessary to make it enforceable.
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This License shall be governed by California law provisions (except to the
|
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extent applicable law, if any, provides otherwise), excluding its conflict-of-law
|
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provisions. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded. Any law or regulation
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which provides that the language of a contract shall be construed against
|
||||
the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors,
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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
|
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with Initial Developer and Contributors to distribute such responsibility
|
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on an equitable basis. Nothing herein is intended or shall be deemed to constitute
|
||||
any admission of liability.
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13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the
|
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Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial
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||||
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.
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14. ACCEPTANCE. This License is accepted by You if You retain, use, or distribute
|
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the Covered Code for any purpose. EXHIBIT A The SNIA Public License.
|
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|
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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
|
||||
|
||||
www.snia.org/smi/developers/cim/
|
||||
|
||||
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.
|
||||
|
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The Original Code is .
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|
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The Initial Developer of the Original Code is [COMPLETE THIS] .
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|
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Contributor(s): ______________________________________.
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Read more about this license at http://www.snia.org/smi/developers/open_source/
|
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Reference in New Issue
Block a user