You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
429 lines
22 KiB
429 lines
22 KiB
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): ______________________________________.
|