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Revision 1.1 - (show annotations) (download)
Fri Nov 16 15:15:16 2012 UTC (20 months, 1 week ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Add SNIA license for sys-apps/hbaapi, bug 441924.

1 STORAGE NETWORKING INDUSTRY ASSOCIATION
2 PUBLIC LICENSE
3 Version 1.1
4 ________________________
5
6 1. Definitions.
7
8 1.1 "Commercial Use" means distribution or otherwise making the
9 Covered Code available to a third party.
10
11 1.2 "Contributor" means each entity that creates or contributes to
12 the creation of Modifications.
13
14 1.3 "Contributor Version" means the combination of the Original
15 Code, prior Modifications used by a Contributor, and the
16 Modifications made by that particular Contributor.
17
18 1.4 "Covered Code" means the Original Code or Modifications or the
19 combination of the Original Code and Modifications, in each case
20 including portions thereof.
21
22 1.5 "Electronic Distribution Mechanism" means a mechanism generally
23 accepted in the software development community for the electronic
24 transfer of data.
25
26 1.6 "Executable" means Covered Code in any form other than Source
27 Code.
28
29 1.7 "Initial Developer" means the individual or entity identified
30 as the Initial Developer in the Source Code notice required by
31 Exhibit A.
32
33 1.8 "Larger Work" means a work which combines Covered Code or
34 portions thereof with code not governed by the terms of this
35 License.
36
37 1.9 "License" means this document.
38
39 1.10 "Licensable" means having the right to grant, to the maximum
40 extent possible, whether at the time of the initial grant or
41 subsequently acquired, any and all of the rights conveyed herein.
42
43 1.11 "Modifications" means any addition to or deletion from the
44 substance or structure of either the Original Code or any previous
45 Modifications. When Covered Code is released as a series of files, a
46 Modification is:
47
48 A. Any addition to or deletion from the contents of a file
49 containing Original Code or previous Modifications.
50
51 B. Any new file that contains any part of the Original Code or
52 previous Modifications.
53
54 1.12 "Original Code" means Source Code of computer software code
55 which is described in the Source Code notice required by Exhibit A
56 as Original Code, and which, at the time of its release under this
57 License is not already Covered Code governed by this License.
58
59 1.13 "Patent Claims" means any patent claim(s), now owned or
60 hereafter acquired, including without limitation, method, process,
61 and apparatus claims, in any patent Licensable by grantor.
62
63 1.14 "Source Code" means the preferred form of the Covered Code for
64 making modifications to it, including all modules it contains, plus
65 any associated interface definition files, scripts used to control
66 compilation and installation of an Executable, or source code
67 differential comparisons against either the Original Code or another
68 well known, available Covered Code of the Contributor's choice. The
69 Source Code can be in a compressed or archival form, provided the
70 appropriate decompression or de-archiving software is widely
71 available for no charge.
72
73 1.15 "You" (or "Your") means an individual or a legal entity
74 exercising rights under, and complying with all of the terms of,
75 this License or a future version of this License issued under
76 Section 6.1. For legal entities, "You" includes any entity which
77 controls, is controlled by, or is under common control with You. For
78 purposes of this definition, "control" means (a) the power, direct
79 or indirect, to cause the direction or management of such entity,
80 whether by contract or otherwise, or (b) ownership of more than
81 fifty percent (50%) of the outstanding shares or beneficial
82 ownership of such entity.
83
84 2. Source Code License.
85
86 2.1 The Initial Developer Grant. The Initial Developer hereby grants
87 You a world-wide, royalty-free, non-exclusive license, subject to
88 third party intellectual property claims:
89
90 (a) under intellectual property rights (other than patent or
91 trademark) Licensable by Initial Developer to use, reproduce,
92 modify, display, perform, sublicense and distribute the Original
93 Code (or portions thereof) with or without Modifications, and/or
94 as part of a Larger Work; and
95
96 (b) under Patents Claims infringed by the making, using or
97 selling of Original Code, to make, have made, use, practice,
98 sell, and offer for sale, and/or otherwise dispose of the
99 Original Code (or portions thereof).
100
101 (c) the licenses granted in this Section 2.1(a) and (b) are
102 effective on the date Initial Developer first distributes
103 Original Code under the terms of this License.
104
105 (d) Notwithstanding Section 2.1(b) above, no patent license is
106 granted: 1) for code that You delete from the Original Code;
107 2) separate from the Original Code; or 3) for infringements
108 caused by: i) the modification of the Original Code or ii) the
109 combination of the Original Code with other software or devices.
110
111 2.2 Contributor Grant. Subject to third party intellectual property
112 claims, each Contributor hereby grants You a world-wide,
113 royalty-free, non-exclusive license
114
115 (a) under intellectual property rights (other than patent or
116 trademark) Licensable by Contributor, to use, reproduce, modify,
117 display, perform, sublicense and distribute the Modifications
118 created by such Contributor (or portions thereof) either on an
119 unmodified basis, with other Modifications, as Covered Code
120 and/or as part of a Larger Work; and
121
122 (b) under Patent Claims infringed by the making, using, or
123 selling of Modifications made by that Contributor either alone
124 and/or in combination with its Contributor Version (or portions
125 of such combination), to make, use, sell, offer for sale, have
126 made, and/or otherwise dispose of: 1) Modifications made by that
127 Contributor (or portions thereof); and 2) the combination of
128 Modifications made by that Contributor with its Contributor
129 Version (or portions of such combination).
130
131 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
132 effective on the date Contributor first makes Commercial Use of
133 the Covered Code.
134
135 (d) Notwithstanding Section 2.2(b) above, no patent license is
136 granted: 1) for any code that Contributor has deleted from the
137 Contributor Version; 2) separate from the Contributor Version;
138 3) for infringements caused by: i) third party modifications of
139 Contributor Version or ii) the combination of Modifications made
140 by that Contributor with other software (except as part of the
141 Contributor Version) or other devices; or 4) under Patent Claims
142 infringed by Covered Code in the absence of Modifications made
143 by that Contributor.
144
145 3. Distribution Obligations.
146
147 3.1 Application of License. The Modifications which You create or to
148 which You contribute are governed by the terms of this License,
149 including without limitation Section 2.2. The Source Code version of
150 Covered Code may be distributed only under the terms of this License
151 or a future version of this License released under Section 6.1, and
152 You must include a copy of this License with every copy of the
153 Source Code You distribute. You may not offer or impose any terms on
154 any Source Code version that alters or restricts the applicable
155 version of this License or the recipients' rights hereunder.
156 However, You may include an additional document offering the
157 additional rights described in Section 3.5.
158
159 3.2 Availability of Source Code. Any Modification which You create
160 or to which You contribute must be made available in Source Code
161 form under the terms of this License either on the same media as an
162 Executable version or via an accepted Electronic Distribution
163 Mechanism to anyone to whom you made an Executable version
164 available; and if made available via Electronic Distribution
165 Mechanism, must remain available for at least twelve (12) months
166 after the date it initially became available, or at least six (6)
167 months after a subsequent version of that particular Modification
168 has been made available to such recipients. You are responsible for
169 ensuring that the Source Code version remains available even if the
170 Electronic Distribution Mechanism is maintained by a third party.
171
172 3.3 Description of Modifications. You must cause all Covered Code to
173 which You contribute to contain a file documenting the changes You
174 made to create that Covered Code and the date of any change. You
175 must include a prominent statement that the Modification is derived,
176 directly or indirectly, from Original Code provided by the Initial
177 Developer and including the name of the Initial Developer in (a) the
178 Source Code, and (b) in any notice in an Executable version or
179 related documentation in which You describe the origin or ownership
180 of the Covered Code.
181
182 3.4 Intellectual Property Matters.
183
184 (a) Third Party Claims. If Contributor has actual knowledge that
185 a license under a third party's intellectual property rights is
186 required to exercise the rights granted by such Contributor
187 under Sections 2.1 or 2.2, Contributor must include a text file
188 with the Source Code distribution titled "LEGAL" which describes
189 the claim and the party making the claim in sufficient detail
190 that a recipient will know whom to contact. If Contributor
191 obtains such knowledge after the Modification is made available
192 as described in Section 3.2, Contributor shall promptly modify
193 the LEGAL file in all copies Contributor makes available
194 thereafter.
195
196 (b) Contributor API's. If Contributor's Modifications include an
197 application programming interface and Contributor has actual
198 knowledge of patent licenses which are reasonably necessary to
199 implement that API, Contributor must also include this
200 information in the LEGAL file.
201
202 (c) Representations. Contributor represents that, except as
203 disclosed pursuant to Section 3.4(a) above, Contributor believes
204 that Contributor's Modifications are Contributor's original
205 creation(s) and/or Contributor has sufficient rights to grant
206 the rights conveyed by this License.
207
208 3.5 Required Notices. You must duplicate the notice in Exhibit A in
209 each file of the Source Code. If it is not possible to put such
210 notice in a particular Source Code file due to its structure, then
211 You must include such notice in a location (such as a relevant
212 directory) where a user would be most likely to look for such a
213 notice. If You created one or more Modification(s) You may add your
214 name as a Contributor to the notice described in Exhibit A. You must
215 also duplicate this License in any documentation for the Source Code
216 where You describe recipients' rights or ownership rights relating
217 to Covered Code. You may choose to offer, and to charge a fee for,
218 warranty, support, indemnity or liability obligations to one or more
219 recipients of Covered Code. However, You may do so only on Your own
220 behalf, and not on behalf of the Initial Developer or any
221 Contributor. You must make it absolutely clear that any such
222 warranty, support, indemnity or liability obligation is offered by
223 You alone, and You hereby agree to indemnify the Initial Developer
224 and every Contributor for any liability (excluding any liability
225 arising from intellectual property claims relating to the Covered
226 Code) incurred by the Initial Developer or such Contributor as a
227 result of warranty, support, indemnity or liability terms You offer.
228
229 3.6 Distribution of Executable Versions. You may distribute Covered
230 Code in Executable form only if the requirements of Section 3.1-3.5
231 have been met for that Covered Code, and if You include a notice
232 stating that the Source Code version of the Covered Code is
233 available under the terms of this License, including a description
234 of how and where You have fulfilled the obligation of Section 3.2.
235 The notice must be conspicuously included in any notice in an
236 Executable version, related documentation or collateral in which You
237 describe recipients' rights relating to the Covered Code. You may
238 distribute the Executable version of Covered Code or ownership
239 rights under a license of Your choice, which may contain terms
240 different from this License, provided that You are in compliance
241 with the terms of this License and that the license for the
242 Executable version does not attempt to limit or alter the
243 recipient's rights in the Source Code version from the rights set
244 forth in this License. If You distribute the Executable version
245 under a different license You must make it absolutely clear that any
246 terms which differ from this License are offered by You alone, not
247 by the Initial Developer or any Contributor. You hereby agree to
248 indemnify the Initial Developer and every Contributor for any
249 liability (excluding any liability arising from intellectual
250 property claims relating to the Covered Code) incurred by the
251 Initial Developer or such Contributor as a result of any such terms
252 You offer.
253
254 3.7 Larger Works. You may create a Larger Work by combining Covered
255 Code with other code not governed by the terms of this License and
256 distribute the Larger Work as a single product. In such a case, You
257 must make sure the requirements of this License are fulfilled for
258 the Covered Code.
259
260 4. Inability to Comply Due to Statute or Regulation. If it is impossible
261 for You to comply with any of the terms of this License with respect to
262 some or all of the Covered Code due to statute, judicial order, or
263 regulation then You must: (a) comply with the terms of this License to
264 the maximum extent possible; and (b) describe the limitations and the
265 code they affect. Such description must be included in the LEGAL file
266 described in Section 3.4 and must be included with all distributions of
267 the Source Code. Except to the extent prohibited by statute or
268 regulation, such description must be sufficiently detailed for a
269 recipient of ordinary skill to be able to understand it.
270
271 5. Application of this License. This License applies to code to which
272 the Initial Developer has attached the notice in Exhibit A and to
273 related Covered Code.
274
275 6. Versions of the License.
276
277 6.1 New Versions. The Storage Networking Industry Association (the
278 "SNIA") may publish revised and/or new versions of the License from
279 time to time. Each version will be given a distinguishing version
280 number.
281
282 6.2 Effect of New Versions. Once Covered Code has been published
283 under a particular version of the License, You may always continue
284 to use it under the terms of that version. You may also choose to
285 use such Covered Code under the terms of any subsequent version of
286 the License published by the SNIA. No one other than the SNIA has
287 the right to modify the terms applicable to Covered Code created
288 under this License.
289
290 6.3 Derivative Works. If You create or use a modified version of
291 this License (which you may only do in order to apply it to code
292 which is not already Covered Code governed by this License), You
293 must (a) rename Your license so that the phrases "Storage Networking
294 Industry Association," "SNIA," or any confusingly similar phrase do
295 not appear in your license (except to note that your license differs
296 from this License) and (b) otherwise make it clear that Your version
297 of the license contains terms which differ from the SNIA Public
298 License. (Filling in the name of the Initial Developer, Original
299 Code or Contributor in the notice described in Exhibit A shall not
300 of themselves be deemed to be modifications of this License.)
301
302 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE
303 ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
304 IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
305 IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
306 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
307 COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
308 RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
309 THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
310 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
311 USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
312 DISCLAIMER.
313
314 8. TERMINATION.
315
316 8.1 This License and the rights granted hereunder will terminate
317 automatically if You fail to comply with terms herein and fail to
318 cure such breach within a reasonable time after becoming aware of
319 the breach. All sublicenses to the Covered Code which are properly
320 granted shall survive any termination of this License. Provisions
321 which, by their nature, must remain in effect beyond the termination
322 of this License shall survive.
323
324 8.2 If You initiate litigation by asserting a patent infringement
325 claim (excluding declaratory judgment actions) against Initial
326 Developer or a Contributor (the Initial Developer or Contributor
327 against whom You file such action is referred to as "Participant")
328 alleging that:
329
330 (a) such Participant's Contributor Version directly or
331 indirectly infringes any patent, then any and all rights granted
332 by such Participant to You under Sections 2.1 and/or 2.2 of this
333 License shall, upon 60 days notice from Participant terminate
334 prospectively, unless if within 60 days after receipt of notice
335 You either: (i) agree in writing to pay Participant a mutually
336 agreeable reasonable royalty for Your past and future use of
337 Modifications made by such Participant, or (ii) withdraw Your
338 litigation claim with respect to the Contributor Version against
339 such Participant. If within 60 days of notice, a reasonable
340 royalty and payment arrangement are not mutually agreed upon in
341 writing by the parties or the litigation claim is not withdrawn,
342 the rights granted by Participant to You under Sections 2.1
343 and/or 2.2 automatically terminate at the expiration of the 60
344 day notice period specified above.
345
346 8.3 If You assert a patent infringement claim against Participant
347 alleging that such Participant's Contributor Version directly or
348 indirectly infringes any patent where such claim is resolved (such
349 as by license or settlement) prior to the initiation of patent
350 infringement litigation, then the reasonable value of the licenses
351 granted by such Participant under Sections 2.1 or 2.2 shall be taken
352 into account in determining the amount or value of any payment or
353 license.
354
355 8.4 In the event of termination under Sections 8.1 or 8.2 above, all
356 end user license agreements (excluding distributors and resellers)
357 which have been validly granted by You or any distributor hereunder
358 prior to termination shall survive termination.
359
360 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
361 THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
362 SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
363 DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
364 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
365 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
366 DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
367 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
368 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
369 THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
370 PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
371 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
372 ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
373 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
374
375 10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item,"
376 as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
377 "commercial computer software" and "commercial computer software
378 documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
379 Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
380 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
381 Code with only those rights set forth herein.
382
383 11. MISCELLANEOUS This License represents the complete agreement
384 concerning subject matter hereof. If any provision of this License is
385 held to be unenforceable, such provision shall be reformed only to the
386 extent necessary to make it enforceable. This License shall be governed
387 by California law provisions (except to the extent applicable law, if
388 any, provides otherwise), excluding its conflict-of-law provisions. The
389 application of the United Nations Convention on Contracts for the
390 International Sale of Goods is expressly excluded. Any law or regulation
391 which provides that the language of a contract shall be construed
392 against the drafter shall not apply to this License.
393
394 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): ______________________________________.

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