githaven/options/license/SNIA

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: o (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

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.

The Original Code is .

The Initial Developer of the Original Code is [COMPLETE THIS] .

Contributor(s): ______________________________________.

Read more about this license at http://www.snia.org/smi/developers/open_source/