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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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________________________
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1. Definitions.
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1.1 "Commercial Use" means distribution or otherwise making the
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Covered Code available to a third party.
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1.2 "Contributor" means each entity that creates or contributes to
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the creation of Modifications.
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1.3 "Contributor Version" means the combination of the Original
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Code, prior Modifications used by a Contributor, and the
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Modifications made by that particular Contributor.
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1.4 "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.5 "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic
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transfer of data.
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1.6 "Executable" means Covered Code in any form other than Source
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Code.
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1.7 "Initial Developer" means the individual or entity identified
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as the Initial Developer in the Source Code notice required by
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Exhibit A.
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1.8 "Larger Work" means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this
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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
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed herein.
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1.11 "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file
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containing Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or
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previous Modifications.
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1.12 "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A
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as Original Code, and which, at the time of its release under this
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License is not already Covered Code governed by this License.
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1.13 "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process,
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and apparatus claims, in any patent Licensable by grantor.
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1.14 "Source Code" means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus
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any associated interface definition files, scripts used to control
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compilation and installation of an Executable, or source code
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differential comparisons against either the Original Code or another
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well known, available Covered Code of the Contributor's choice. The
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Source Code can be in a compressed or archival form, provided the
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appropriate decompression or de-archiving software is widely
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available for no charge.
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1.15 "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of,
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this License or a future version of this License issued under
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Section 6.1. For legal entities, "You" includes any entity which
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controls, is controlled by, or is under common control with You. For
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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,
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whether by contract or otherwise, or (b) ownership of more than
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fifty percent (50%) of the outstanding shares or beneficial
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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
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You a world-wide, royalty-free, non-exclusive license, subject to
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third party intellectual property claims:
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer to use, reproduce,
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modify, display, perform, sublicense and distribute the Original
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Code (or portions thereof) with or without Modifications, and/or
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as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or
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selling of Original Code, to make, have made, use, practice,
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sell, and offer for sale, and/or otherwise dispose of the
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Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are
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effective on the date Initial Developer first distributes
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Original Code under the terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is
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granted: 1) for code that You delete from the Original Code;
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2) separate from the Original Code; or 3) for infringements
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caused by: i) the modification of the Original Code or ii) the
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combination of the Original Code with other software or devices.
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2.2 Contributor Grant. Subject to third party intellectual property
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claims, each Contributor hereby grants You a world-wide,
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royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Contributor, to use, reproduce, modify,
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display, perform, sublicense and distribute the Modifications
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created by such Contributor (or portions thereof) either on an
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unmodified basis, with other Modifications, as Covered Code
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and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or
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selling of Modifications made by that Contributor either alone
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and/or in combination with its Contributor Version (or portions
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of such combination), to make, use, sell, offer for sale, have
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made, and/or otherwise dispose of: 1) Modifications made by that
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Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor
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Version (or portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
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effective on the date Contributor first makes Commercial Use of
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the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is
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granted: 1) for any code that Contributor has deleted from the
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Contributor Version; 2) separate from the Contributor Version;
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3) for infringements caused by: i) third party modifications of
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Contributor Version or ii) the combination of Modifications made
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by that Contributor with other software (except as part of the
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Contributor Version) or other devices; or 4) under Patent Claims
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infringed by Covered Code in the absence of Modifications made
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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
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which You contribute are governed by the terms of this License,
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including without limitation Section 2.2. The Source Code version of
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Covered Code may be distributed only under the terms of this License
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or a future version of this License released under Section 6.1, and
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You must include a copy of this License with every copy of the
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Source Code You distribute. You may not offer or impose any terms on
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any Source Code version that alters or restricts the applicable
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version of this License or the recipients' rights hereunder.
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However, You may include an additional document offering the
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additional rights described in Section 3.5.
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3.2 Availability of Source Code. Any Modification which You create
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or to which You contribute must be made available in Source Code
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form under the terms of this License either on the same media as an
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Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version
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available; and if made available via Electronic Distribution
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Mechanism, must remain available for at least twelve (12) months
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after the date it initially became available, or at least six (6)
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months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for
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ensuring that the Source Code version remains available even if the
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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
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which You contribute to contain a file documenting the changes You
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made to create that Covered Code and the date of any change. You
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must include a prominent statement that the Modification is derived,
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directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the
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Source Code, and (b) in any notice in an Executable version or
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related documentation in which You describe the origin or ownership
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of 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
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a license under a third party's intellectual property rights is
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required to exercise the rights granted by such Contributor
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under Sections 2.1 or 2.2, Contributor must include a text file
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with the Source Code distribution titled "LEGAL" which describes
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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
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obtains such knowledge after the Modification is made available
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as described in Section 3.2, Contributor shall promptly modify
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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
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application programming interface and Contributor has actual
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knowledge of patent licenses which are reasonably necessary to
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implement that API, Contributor must also include this
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information in the LEGAL file.
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(c) Representations. Contributor represents that, except as
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disclosed pursuant to Section 3.4(a) above, Contributor believes
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that Contributor's Modifications are Contributor's original
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creation(s) and/or Contributor has sufficient rights to grant
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the rights conveyed by this License.
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3.5 Required Notices. You must duplicate the notice in Exhibit A in
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each file of the Source Code. If it is not possible to put such
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notice in a particular Source Code file due to its structure, then
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You must include such notice in a location (such as a relevant
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directory) where a user would be most likely to look for such a
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notice. If You created one or more Modification(s) You may add your
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name as a Contributor to the notice described in Exhibit A. You must
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also duplicate this License in any documentation for the Source Code
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where You describe recipients' rights or ownership rights relating
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to Covered Code. You may choose to offer, and to charge a fee for,
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warranty, support, indemnity or liability obligations to one or more
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recipients of Covered Code. However, You may do so only on Your own
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behalf, and not on behalf of the Initial Developer or any
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Contributor. You must make it absolutely clear that any such
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warranty, support, indemnity or liability obligation is offered by
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You alone, and You hereby agree to indemnify the Initial Developer
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and every Contributor for any liability (excluding any liability
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arising from intellectual property claims relating to the Covered
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Code) incurred by the Initial Developer or such Contributor as a
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result of warranty, support, indemnity or liability terms You offer.
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3.6 Distribution of Executable Versions. You may distribute Covered
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Code in Executable form only if the requirements of Section 3.1-3.5
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have been met for that Covered Code, and if You include a notice
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stating that the Source Code version of the Covered Code is
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available under the terms of this License, including a description
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of how and where You have fulfilled the obligation of Section 3.2.
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The notice must be conspicuously included in any notice in an
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Executable version, related documentation or collateral in which You
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describe recipients' rights relating to the Covered Code. You may
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distribute the Executable version of Covered Code or ownership
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rights under a license of Your choice, which may contain terms
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different from this License, provided that You are in compliance
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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
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recipient's rights in the Source Code version from the rights set
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forth in this License. If You distribute the Executable version
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under a different license You must make it absolutely clear that any
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terms which differ from this License are offered by You alone, not
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by the Initial Developer or any Contributor. You hereby agree to
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indemnify the Initial Developer and every Contributor for any
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liability (excluding any liability arising from intellectual
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property claims relating to the Covered Code) incurred by the
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Initial Developer or such Contributor as a result of any such terms
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You offer.
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3.7 Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In such a case, You
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must make sure the requirements of this License are fulfilled for
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the Covered Code.
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4. Inability to Comply Due to Statute or Regulation. If it is impossible
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for You to comply with any of the terms of this License with respect to
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some or all of the Covered Code due to statute, judicial order, or
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regulation then You must: (a) comply with the terms of this License to
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the maximum extent possible; and (b) describe the limitations and the
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code they affect. Such description must be included in the LEGAL file
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described in Section 3.4 and must be included with all distributions of
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the Source Code. Except to the extent prohibited by statute or
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regulation, such description must be sufficiently detailed for a
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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
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the Initial Developer has attached the notice in Exhibit A and to
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related Covered Code.
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6. Versions of the License.
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6.1 New Versions. The Storage Networking Industry Association (the
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"SNIA") may publish revised and/or new versions of the License from
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time to time. Each version will be given a distinguishing version
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number.
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6.2 Effect of New Versions. Once Covered Code has been published
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under a particular version of the License, You may always continue
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to use it under the terms of that version. You may also choose to
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use such Covered Code under the terms of any subsequent version of
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the License published by the SNIA. No one other than the SNIA has
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the right to modify the terms applicable to Covered Code created
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under this License.
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6.3 Derivative Works. If You create or use a modified version of
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this License (which you may only do in order to apply it to code
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which is not already Covered Code governed by this License), You
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must (a) rename Your license so that the phrases "Storage Networking
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Industry Association," "SNIA," or any confusingly similar phrase do
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not appear in your license (except to note that your license differs
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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
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License. (Filling in the name of the Initial Developer, Original
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Code or Contributor in the notice described in Exhibit A shall not
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of themselves be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE
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ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
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IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
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IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
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COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
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RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
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DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
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USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. TERMINATION.
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8.1 This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to
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cure such breach within a reasonable time after becoming aware of
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the breach. All sublicenses to the Covered Code which are properly
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granted shall survive any termination of this License. Provisions
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which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2 If You initiate litigation by asserting a patent infringement
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claim (excluding declaratory judgment actions) against Initial
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Developer or a Contributor (the Initial Developer or Contributor
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against whom You file such action is referred to as "Participant")
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alleging that:
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(a) such Participant's Contributor Version directly or
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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
|
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License shall, upon 60 days notice from Participant terminate
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prospectively, unless if within 60 days after receipt of notice
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You either: (i) agree in writing to pay Participant a mutually
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agreeable reasonable royalty for Your past and future use of
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Modifications made by such Participant, or (ii) withdraw Your
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litigation claim with respect to the Contributor Version against
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such Participant. If within 60 days of notice, a reasonable
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royalty and payment arrangement are not mutually agreed upon in
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writing by the parties or the litigation claim is not withdrawn,
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the rights granted by Participant to You under Sections 2.1
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and/or 2.2 automatically terminate at the expiration of the 60
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day notice period specified above.
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8.3 If You assert a patent infringement claim against Participant
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alleging that such Participant's Contributor Version directly or
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indirectly infringes any patent where such claim is resolved (such
|
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as by license or settlement) prior to the initiation of patent
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infringement litigation, then the reasonable value of the licenses
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granted by such Participant under Sections 2.1 or 2.2 shall be taken
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into account in determining the amount or value of any payment or
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license.
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8.4 In the event of termination under Sections 8.1 or 8.2 above, all
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end user license agreements (excluding distributors and resellers)
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which have been validly granted by You or any distributor hereunder
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prior to termination shall survive termination.
|
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9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
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THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
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SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
|
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DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
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LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
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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
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PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
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APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
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ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
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DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item,"
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as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
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"commercial computer software" and "commercial computer software
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documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
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Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
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Code with only those rights set forth herein.
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11. MISCELLANEOUS This License represents the complete agreement
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concerning subject matter hereof. If any provision of this License is
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held to be unenforceable, such provision shall be reformed only to the
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extent necessary to make it enforceable. This License shall be governed
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by California law provisions (except to the extent applicable law, if
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any, provides otherwise), excluding its conflict-of-law provisions. The
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application of the United Nations Convention on Contracts for the
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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
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against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the
|
| 395 |
Contributors, each party is responsible for claims and damages arising,
|
| 396 |
directly or indirectly, out of its utilization of rights under this
|
| 397 |
License and You agree to work with Initial Developer and Contributors to
|
| 398 |
distribute such responsibility on an equitable basis. Nothing herein is
|
| 399 |
intended or shall be deemed to constitute any admission of liability.
|
| 400 |
|
| 401 |
13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of
|
| 402 |
the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that
|
| 403 |
the Initial Developer permits you to utilize portions of the Covered
|
| 404 |
Code under Your choice of this License or the alternative licenses, if
|
| 405 |
any, specified by the Initial Developer in the file described in
|
| 406 |
Exhibit A.
|
| 407 |
|
| 408 |
14. ACCEPTANCE. This License is accepted by You if You retain, use, or
|
| 409 |
distribute the Covered Code for any purpose.
|
| 410 |
|
| 411 |
EXHIBIT A - The SNIA Public License.
|
| 412 |
|
| 413 |
The contents of this file are subject to the SNIA Public License Version
|
| 414 |
1.0 (the "License"); you may not use this file except in compliance with
|
| 415 |
the License. You may obtain a copy of the License at
|
| 416 |
|
| 417 |
/http://www.snia.org/English/Resources/Code/OpenSource.html
|
| 418 |
|
| 419 |
Software distributed under the License is distributed on an "AS IS"
|
| 420 |
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
|
| 421 |
License for the specific language governing rights and limitations under
|
| 422 |
the License.
|
| 423 |
|
| 424 |
The Original Code is .
|
| 425 |
|
| 426 |
The Initial Developer of the Original Code is [COMPLETE THIS] .
|
| 427 |
|
| 428 |
Contributor(s): ______________________________________.
|