xref: /titanic_50/usr/src/lib/smhba/THIRDPARTYLICENSE (revision 9e86db79b7d1bbc5f2f04e99954cbd5eae0e22bb)
1*9e86db79SHyon Kim--------------------------------------------------------------------
2*9e86db79SHyon Kim
3*9e86db79SHyon Kim*STORAGE NETWORKING INDUSTRY ASSOCIATION
4*9e86db79SHyon KimPUBLIC LICENSE
5*9e86db79SHyon KimVersion 1.1 *
6*9e86db79SHyon Kim________________________
7*9e86db79SHyon Kim
8*9e86db79SHyon Kim*1. Definitions.*
9*9e86db79SHyon Kim
10*9e86db79SHyon Kim    * 1.1 "Commercial Use" means distribution or otherwise making the
11*9e86db79SHyon Kim      Covered Code available to a third party.
12*9e86db79SHyon Kim    * 1.2 "Contributor" means each entity that creates or contributes to
13*9e86db79SHyon Kim      the creation of Modifications.
14*9e86db79SHyon Kim    * 1.3 "Contributor Version" means the combination of the Original
15*9e86db79SHyon Kim      Code, prior Modifications used by a Contributor, and the
16*9e86db79SHyon Kim      Modifications made by that particular Contributor.
17*9e86db79SHyon Kim    * 1.4 "Covered Code" means the Original Code or Modifications or the
18*9e86db79SHyon Kim      combination of the Original Code and Modifications, in each case
19*9e86db79SHyon Kim      including portions thereof.
20*9e86db79SHyon Kim    * 1.5 "Electronic Distribution Mechanism" means a mechanism
21*9e86db79SHyon Kim      generally accepted in the software development community for the
22*9e86db79SHyon Kim      electronic transfer of data.
23*9e86db79SHyon Kim    * 1.6 "Executable" means Covered Code in any form other than Source
24*9e86db79SHyon Kim      Code.
25*9e86db79SHyon Kim    * 1.7 "Initial Developer" means the individual or entity identified
26*9e86db79SHyon Kim      as the Initial Developer in the Source Code notice required by
27*9e86db79SHyon Kim      Exhibit A.
28*9e86db79SHyon Kim    * 1.8 "Larger Work" means a work which combines Covered Code or
29*9e86db79SHyon Kim      portions thereof with code not governed by the terms of this License.
30*9e86db79SHyon Kim    * 1.9 "License" means this document.
31*9e86db79SHyon Kim    * 1.10 "Licensable" means having the right to grant, to the maximum
32*9e86db79SHyon Kim      extent possible, whether at the time of the initial grant or
33*9e86db79SHyon Kim      subsequently acquired, any and all of the rights conveyed herein.
34*9e86db79SHyon Kim    * 1.11 "Modifications" means any addition to or deletion from the
35*9e86db79SHyon Kim      substance or structure of either the Original Code or any previous
36*9e86db79SHyon Kim      Modifications. When Covered Code is released as a series of files,
37*9e86db79SHyon Kim      a Modification is:
38*9e86db79SHyon Kim          o A. Any addition to or deletion from the contents of a file
39*9e86db79SHyon Kim            containing Original Code or previous Modifications.
40*9e86db79SHyon Kim          o B. Any new file that contains any part of the Original Code
41*9e86db79SHyon Kim            or previous Modifications.
42*9e86db79SHyon Kim
43*9e86db79SHyon Kim      1.12 "Original Code" means Source Code of computer software code
44*9e86db79SHyon Kim      which is described in the Source Code notice required by Exhibit A
45*9e86db79SHyon Kim      as Original Code, and which, at the time of its release under this
46*9e86db79SHyon Kim      License is not already Covered Code governed by this License.
47*9e86db79SHyon Kim
48*9e86db79SHyon Kim    * 1.13 "Patent Claims" means any patent claim(s), now owned or
49*9e86db79SHyon Kim      hereafter acquired, including without limitation, method, process,
50*9e86db79SHyon Kim      and apparatus claims, in any patent Licensable by grantor.
51*9e86db79SHyon Kim    * 1.14 "Source Code" means the preferred form of the Covered Code
52*9e86db79SHyon Kim      for making modifications to it, including all modules it contains,
53*9e86db79SHyon Kim      plus any associated interface definition files, scripts used to
54*9e86db79SHyon Kim      control compilation and installation of an Executable, or source
55*9e86db79SHyon Kim      code differential comparisons against either the Original Code or
56*9e86db79SHyon Kim      another well known, available Covered Code of the Contributor's
57*9e86db79SHyon Kim      choice. The Source Code can be in a compressed or archival form,
58*9e86db79SHyon Kim      provided the appropriate decompression or de-archiving software is
59*9e86db79SHyon Kim      widely available for no charge.
60*9e86db79SHyon Kim    * 1.15 "You" (or "Your") means an individual or a legal entity
61*9e86db79SHyon Kim      exercising rights under, and complying with all of the terms of,
62*9e86db79SHyon Kim      this License or a future version of this License issued under
63*9e86db79SHyon Kim      Section 6.1. For legal entities, "You" includes any entity which
64*9e86db79SHyon Kim      controls, is controlled by, or is under common control with You.
65*9e86db79SHyon Kim      For purposes of this definition, "control" means (a) the power,
66*9e86db79SHyon Kim      direct or indirect, to cause the direction or management of such
67*9e86db79SHyon Kim      entity, whether by contract or otherwise, or (b) ownership of more
68*9e86db79SHyon Kim      than fifty percent (50%) of the outstanding shares or beneficial
69*9e86db79SHyon Kim      ownership of such entity
70*9e86db79SHyon Kim
71*9e86db79SHyon Kim*2. Source Code License.*
72*9e86db79SHyon Kim
73*9e86db79SHyon Kim    * 2.1 The Initial Developer Grant. The Initial Developer hereby
74*9e86db79SHyon Kim      grants You a world-wide, royalty-free, non-exclusive license,
75*9e86db79SHyon Kim      subject to third party intellectual property claims:
76*9e86db79SHyon Kim          o (a) under intellectual property rights (other than patent or
77*9e86db79SHyon Kim            trademark) Licensable by Initial Developer to use,
78*9e86db79SHyon Kim            reproduce, modify, display, perform, sublicense and
79*9e86db79SHyon Kim            distribute the Original Code (or portions thereof) with or
80*9e86db79SHyon Kim            without Modifications, and/or as part of a Larger Work; and
81*9e86db79SHyon Kim          o (b) under Patents Claims infringed by the making, using or
82*9e86db79SHyon Kim            selling of Original Code, to make, have made, use, practice,
83*9e86db79SHyon Kim            sell, and offer for sale, and/or otherwise dispose of the
84*9e86db79SHyon Kim            Original Code (or portions thereof).
85*9e86db79SHyon Kim          o (c) the licenses granted in this Section 2.1(a) and (b) are
86*9e86db79SHyon Kim            effective on the date Initial Developer first distributes
87*9e86db79SHyon Kim            Original Code under the terms of this License.
88*9e86db79SHyon Kim          o (d) Notwithstanding Section 2.1(b) above, no patent license
89*9e86db79SHyon Kim            is granted: 1) for code that You delete from the Original
90*9e86db79SHyon Kim            Code; 2) separate from the Original Code; or 3) for
91*9e86db79SHyon Kim            infringements caused by: i) the modification of the Original
92*9e86db79SHyon Kim            Code or ii) the combination of the Original Code with other
93*9e86db79SHyon Kim            software or devices.
94*9e86db79SHyon Kim
95*9e86db79SHyon Kim    * 2.2 Contributor Grant. Subject to third party intellectual
96*9e86db79SHyon Kim      property claims, each Contributor hereby grants You a world-wide,
97*9e86db79SHyon Kim      royalty-free, non-exclusive license
98*9e86db79SHyon Kim          o (a) under intellectual property rights (other than patent or
99*9e86db79SHyon Kim            trademark) Licensable by Contributor, to use, reproduce,
100*9e86db79SHyon Kim            modify, display, perform, sublicense and distribute the
101*9e86db79SHyon Kim            Modifications created by such Contributor (or portions
102*9e86db79SHyon Kim            thereof) either on an unmodified basis, with other
103*9e86db79SHyon Kim            Modifications, as Covered Code and/or as part of a Larger
104*9e86db79SHyon Kim            Work; and
105*9e86db79SHyon Kim          o (b) under Patent Claims infringed by the making, using, or
106*9e86db79SHyon Kim            selling of Modifications made by that Contributor either
107*9e86db79SHyon Kim            alone and/or in combination with its Contributor Version (or
108*9e86db79SHyon Kim            portions of such combination), to make, use, sell, offer for
109*9e86db79SHyon Kim            sale, have made, and/or otherwise dispose of: 1)
110*9e86db79SHyon Kim            Modifications made by that Contributor (or portions
111*9e86db79SHyon Kim            thereof); and 2) the combination of Modifications made by
112*9e86db79SHyon Kim            that Contributor with its Contributor Version (or portions
113*9e86db79SHyon Kim            of such combination).
114*9e86db79SHyon Kim          o (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
115*9e86db79SHyon Kim            effective on the date Contributor first makes Commercial Use
116*9e86db79SHyon Kim            of the Covered Code.
117*9e86db79SHyon Kim          o (d) Notwithstanding Section 2.2(b) above, no patent license
118*9e86db79SHyon Kim            is granted: 1) for any code that Contributor has deleted
119*9e86db79SHyon Kim            from the Contributor Version; 2) separate from the
120*9e86db79SHyon Kim            Contributor Version; 3) for infringements caused by: i)
121*9e86db79SHyon Kim            third party modifications of Contributor Version or ii) the
122*9e86db79SHyon Kim            combination of Modifications made by that Contributor with
123*9e86db79SHyon Kim            other software (except as part of the Contributor Version)
124*9e86db79SHyon Kim            or other devices; or 4) under Patent Claims infringed by
125*9e86db79SHyon Kim            Covered Code in the absence of Modifications made by that
126*9e86db79SHyon Kim            Contributor.
127*9e86db79SHyon Kim
128*9e86db79SHyon Kim*3. Distribution Obligations.*
129*9e86db79SHyon Kim
130*9e86db79SHyon Kim    * 3.1 Application of License. The Modifications which You create or
131*9e86db79SHyon Kim      to which You contribute are governed by the terms of this License,
132*9e86db79SHyon Kim      including without limitation Section 2.2. The Source Code version
133*9e86db79SHyon Kim      of Covered Code may be distributed only under the terms of this
134*9e86db79SHyon Kim      License or a future version of this License released under Section
135*9e86db79SHyon Kim      6.1, and You must include a copy of this License with every copy
136*9e86db79SHyon Kim      of the Source Code You distribute. You may not offer or impose any
137*9e86db79SHyon Kim      terms on any Source Code version that alters or restricts the
138*9e86db79SHyon Kim      applicable version of this License or the recipients' rights
139*9e86db79SHyon Kim      hereunder. However, You may include an additional document
140*9e86db79SHyon Kim      offering the additional rights described in Section 3.5.
141*9e86db79SHyon Kim    * 3.2 Availability of Source Code. Any Modification which You create
142*9e86db79SHyon Kim      or to which You contribute must be made available in Source Code
143*9e86db79SHyon Kim      form under the terms of this License either on the same media as
144*9e86db79SHyon Kim      an Executable version or via an accepted Electronic Distribution
145*9e86db79SHyon Kim      Mechanism to anyone to whom you made an Executable version
146*9e86db79SHyon Kim      available; and if made available via Electronic Distribution
147*9e86db79SHyon Kim      Mechanism, must remain available for at least twelve (12) months
148*9e86db79SHyon Kim      after the date it initially became available, or at least six (6)
149*9e86db79SHyon Kim      months after a subsequent version of that particular Modification
150*9e86db79SHyon Kim      has been made available to such recipients. You are responsible
151*9e86db79SHyon Kim      for ensuring that the Source Code version remains available even
152*9e86db79SHyon Kim      if the Electronic Distribution Mechanism is maintained by a third
153*9e86db79SHyon Kim      party.
154*9e86db79SHyon Kim    * 3.3 Description of Modifications. You must cause all Covered Code
155*9e86db79SHyon Kim      to which You contribute to contain a file documenting the changes
156*9e86db79SHyon Kim      You made to create that Covered Code and the date of any change.
157*9e86db79SHyon Kim      You must include a prominent statement that the Modification is
158*9e86db79SHyon Kim      derived, directly or indirectly, from Original Code provided by
159*9e86db79SHyon Kim      the Initial Developer and including the name of the Initial
160*9e86db79SHyon Kim      Developer in (a) the Source Code, and (b) in any notice in an
161*9e86db79SHyon Kim      Executable version or related documentation in which You describe
162*9e86db79SHyon Kim      the origin or ownership of the Covered Code.
163*9e86db79SHyon Kim    * 3.4 Intellectual Property Matters.
164*9e86db79SHyon Kim          o (a) Third Party Claims. If Contributor has actual knowledge
165*9e86db79SHyon Kim            that a license under a third party's intellectual property
166*9e86db79SHyon Kim            rights is required to exercise the rights granted by such
167*9e86db79SHyon Kim            Contributor under Sections 2.1 or 2.2, Contributor must
168*9e86db79SHyon Kim            include a text file with the Source Code distribution titled
169*9e86db79SHyon Kim            "LEGAL" which describes the claim and the party making the
170*9e86db79SHyon Kim            claim in sufficient detail that a recipient will know whom
171*9e86db79SHyon Kim            to contact. If Contributor obtains such knowledge after the
172*9e86db79SHyon Kim            Modification is made available as described in Section 3.2,
173*9e86db79SHyon Kim            Contributor shall promptly modify the LEGAL file in all
174*9e86db79SHyon Kim            copies Contributor makes available thereafter.
175*9e86db79SHyon Kim          o (b) Contributor API's. If Contributor's Modifications
176*9e86db79SHyon Kim            include an application programming interface and Contributor
177*9e86db79SHyon Kim            has actual knowledge of patent licenses which are reasonably
178*9e86db79SHyon Kim            necessary to implement that API, Contributor must also
179*9e86db79SHyon Kim            include this information in the LEGAL file.
180*9e86db79SHyon Kim          o (c) Representations. Contributor represents that, except as
181*9e86db79SHyon Kim            disclosed pursuant to Section 3.4(a) above, Contributor
182*9e86db79SHyon Kim            believes that Contributor's Modifications are Contributor's
183*9e86db79SHyon Kim            original creation(s) and/or Contributor has sufficient
184*9e86db79SHyon Kim            rights to grant the rights conveyed by this License.
185*9e86db79SHyon Kim    * 3.5 Required Notices. You must duplicate the notice in *Exhibit A*
186*9e86db79SHyon Kim      in each file of the Source Code. If it is not possible to put such
187*9e86db79SHyon Kim      notice in a particular Source Code file due to its structure, then
188*9e86db79SHyon Kim      You must include such notice in a location (such as a relevant
189*9e86db79SHyon Kim      directory) where a user would be most likely to look for such a
190*9e86db79SHyon Kim      notice. If You created one or more Modification(s) You may add
191*9e86db79SHyon Kim      your name as a Contributor to the notice described in *Exhibit A.
192*9e86db79SHyon Kim      *You must also duplicate this License in any documentation for the
193*9e86db79SHyon Kim      Source Code where You describe recipients' rights or ownership
194*9e86db79SHyon Kim      rights relating to Covered Code. You may choose to offer, and to
195*9e86db79SHyon Kim      charge a fee for, warranty, support, indemnity or liability
196*9e86db79SHyon Kim      obligations to one or more recipients of Covered Code. However,
197*9e86db79SHyon Kim      You may do so only on Your own behalf, and not on behalf of the
198*9e86db79SHyon Kim      Initial Developer or any Contributor. You must make it absolutely
199*9e86db79SHyon Kim      clear that any such warranty, support, indemnity or liability
200*9e86db79SHyon Kim      obligation is offered by You alone, and You hereby agree to
201*9e86db79SHyon Kim      indemnify the Initial Developer and every Contributor for any
202*9e86db79SHyon Kim      liability (excluding any liability arising from intellectual
203*9e86db79SHyon Kim      property claims relating to the Covered Code) incurred by the
204*9e86db79SHyon Kim      Initial Developer or such Contributor as a result of warranty,
205*9e86db79SHyon Kim      support, indemnity or liability terms You offer.
206*9e86db79SHyon Kim    * 3.6 Distribution of Executable Versions. You may distribute
207*9e86db79SHyon Kim      Covered Code in Executable form only if the requirements of
208*9e86db79SHyon Kim      Section* 3.1-3.5 *have been met for that Covered Code, and if You
209*9e86db79SHyon Kim      include a notice stating that the Source Code version of the
210*9e86db79SHyon Kim      Covered Code is available under the terms of this License,
211*9e86db79SHyon Kim      including a description of how and where You have fulfilled the
212*9e86db79SHyon Kim      obligation of Section *3.2.* The notice must be conspicuously
213*9e86db79SHyon Kim      included in any notice in an Executable version, related
214*9e86db79SHyon Kim      documentation or collateral in which You describe recipients'
215*9e86db79SHyon Kim      rights relating to the Covered Code. You may distribute the
216*9e86db79SHyon Kim      Executable version of Covered Code or ownership rights under a
217*9e86db79SHyon Kim      license of Your choice, which may contain terms different from
218*9e86db79SHyon Kim      this License, provided that You are in compliance with the terms
219*9e86db79SHyon Kim      of this License and that the license for the Executable version
220*9e86db79SHyon Kim      does not attempt to limit or alter the recipient's rights in the
221*9e86db79SHyon Kim      Source Code version from the rights set forth in this License. If
222*9e86db79SHyon Kim      You distribute the Executable version under a different license
223*9e86db79SHyon Kim      You must make it absolutely clear that any terms which differ from
224*9e86db79SHyon Kim      this License are offered by You alone, not by the Initial
225*9e86db79SHyon Kim      Developer or any Contributor. You hereby agree to indemnify the
226*9e86db79SHyon Kim      Initial Developer and every Contributor for any liability
227*9e86db79SHyon Kim      (excluding any liability arising from intellectual property claims
228*9e86db79SHyon Kim      relating to the Covered Code) incurred by the Initial Developer or
229*9e86db79SHyon Kim      such Contributor as a result of any such terms You offer.
230*9e86db79SHyon Kim    * 3.7 Larger Works. You may create a Larger Work by combining
231*9e86db79SHyon Kim      Covered Code with other code not governed by the terms of this
232*9e86db79SHyon Kim      License and distribute the Larger Work as a single product. In
233*9e86db79SHyon Kim      such a case, You must make sure the requirements of this License
234*9e86db79SHyon Kim      are fulfilled for the Covered Code.
235*9e86db79SHyon Kim
236*9e86db79SHyon Kim*4. Inability to Comply Due to Statute or Regulation.* If it is
237*9e86db79SHyon Kimimpossible for You to comply with any of the terms of this License with
238*9e86db79SHyon Kimrespect to some or all of the Covered Code due to statute, judicial
239*9e86db79SHyon Kimorder, or regulation then You must: (a) comply with the terms of this
240*9e86db79SHyon KimLicense to the maximum extent possible; and (b) describe the limitations
241*9e86db79SHyon Kimand the code they affect. Such description must be included in the LEGAL
242*9e86db79SHyon Kimfile described in Section 3.4 and must be included with all
243*9e86db79SHyon Kimdistributions of the Source Code. Except to the extent prohibited by
244*9e86db79SHyon Kimstatute or regulation, such description must be sufficiently detailed
245*9e86db79SHyon Kimfor a recipient of ordinary skill to be able to understand it.
246*9e86db79SHyon Kim
247*9e86db79SHyon Kim*5. Application of this License.* This License applies to code to which
248*9e86db79SHyon Kimthe Initial Developer has attached the notice in Exhibit A and to
249*9e86db79SHyon Kimrelated Covered Code.
250*9e86db79SHyon Kim
251*9e86db79SHyon Kim*6. Versions of the License.*
252*9e86db79SHyon Kim
253*9e86db79SHyon Kim    * 6.1 New Versions. The Storage Networking Industry Association (the
254*9e86db79SHyon Kim      "SNIA") may publish revised and/or new versions of the License
255*9e86db79SHyon Kim      from time to time. Each version will be given a distinguishing
256*9e86db79SHyon Kim      version number.
257*9e86db79SHyon Kim    * 6.2 Effect of New Versions. Once Covered Code has been published
258*9e86db79SHyon Kim      under a particular version of the License, You may always continue
259*9e86db79SHyon Kim      to use it under the terms of that version. You may also choose to
260*9e86db79SHyon Kim      use such Covered Code under the terms of any subsequent version of
261*9e86db79SHyon Kim      the License published by the SNIA. No one other than the SNIA has
262*9e86db79SHyon Kim      the right to modify the terms applicable to Covered Code created
263*9e86db79SHyon Kim      under this License.
264*9e86db79SHyon Kim    * 6.3 Derivative Works. If You create or use a modified version of
265*9e86db79SHyon Kim      this License (which you may only do in order to apply it to code
266*9e86db79SHyon Kim      which is not already Covered Code governed by this License), You
267*9e86db79SHyon Kim      must (a) rename Your license so that the phrases "Storage
268*9e86db79SHyon Kim      Networking Industry Association," "SNIA," or any confusingly
269*9e86db79SHyon Kim      similar phrase do not appear in your license (except to note that
270*9e86db79SHyon Kim      your license differs from this License) and (b) otherwise make it
271*9e86db79SHyon Kim      clear that Your version of the license contains terms which differ
272*9e86db79SHyon Kim      from the SNIA Public License. (Filling in the name of the Initial
273*9e86db79SHyon Kim      Developer, Original Code or Contributor in the notice described in
274*9e86db79SHyon Kim      Exhibit A shall not of themselves be deemed to be modifications of
275*9e86db79SHyon Kim      this License.)
276*9e86db79SHyon Kim
277*9e86db79SHyon Kim*7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE
278*9e86db79SHyon KimON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
279*9e86db79SHyon KimIMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
280*9e86db79SHyon KimIS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
281*9e86db79SHyon KimNON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
282*9e86db79SHyon KimCOVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
283*9e86db79SHyon KimRESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
284*9e86db79SHyon KimTHE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
285*9e86db79SHyon KimDISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
286*9e86db79SHyon KimUSE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
287*9e86db79SHyon KimDISCLAIMER.*
288*9e86db79SHyon Kim
289*9e86db79SHyon Kim*8. TERMINATION.*
290*9e86db79SHyon Kim
291*9e86db79SHyon Kim    * *8.1 *This License and the rights granted hereunder will terminate
292*9e86db79SHyon Kim      automatically if You fail to comply with terms herein and fail to
293*9e86db79SHyon Kim      cure such breach within a reasonable time after becoming aware of
294*9e86db79SHyon Kim      the breach. All sublicenses to the Covered Code which are properly
295*9e86db79SHyon Kim      granted shall survive any termination of this License. Provisions
296*9e86db79SHyon Kim      which, by their nature, must remain in effect beyond the
297*9e86db79SHyon Kim      termination of this License shall survive.
298*9e86db79SHyon Kim    * *8.2* If You initiate litigation by asserting a patent
299*9e86db79SHyon Kim      infringement claim (excluding declaratory judgment actions)
300*9e86db79SHyon Kim      against Initial Developer or a Contributor (the Initial Developer
301*9e86db79SHyon Kim      or Contributor against whom You file such action is referred to as
302*9e86db79SHyon Kim      "Participant") alleging that:
303*9e86db79SHyon Kim          o *(a)* such Participant's Contributor Version directly or
304*9e86db79SHyon Kim            indirectly infringes any patent, then any and all rights
305*9e86db79SHyon Kim            granted by such Participant to You under Sections 2.1 and/or
306*9e86db79SHyon Kim            2.2 of this License shall, upon 60 days notice from
307*9e86db79SHyon Kim            Participant terminate prospectively, unless if within 60
308*9e86db79SHyon Kim            days after receipt of notice You either: (i) agree in
309*9e86db79SHyon Kim            writing to pay Participant a mutually agreeable reasonable
310*9e86db79SHyon Kim            royalty for Your past and future use of Modifications made
311*9e86db79SHyon Kim            by such Participant, or (ii) withdraw Your litigation claim
312*9e86db79SHyon Kim            with respect to the Contributor Version against such
313*9e86db79SHyon Kim            Participant. If within 60 days of notice, a reasonable
314*9e86db79SHyon Kim            royalty and payment arrangement are not mutually agreed upon
315*9e86db79SHyon Kim            in writing by the parties or the litigation claim is not
316*9e86db79SHyon Kim            withdrawn, the rights granted by Participant to You under
317*9e86db79SHyon Kim            Sections 2.1 and/or 2.2 automatically terminate at the
318*9e86db79SHyon Kim            expiration of the 60 day notice period specified above.
319*9e86db79SHyon Kim    * *8.3* If You assert a patent infringement claim against
320*9e86db79SHyon Kim      Participant alleging that such Participant's Contributor Version
321*9e86db79SHyon Kim      directly or indirectly infringes any patent where such claim is
322*9e86db79SHyon Kim      resolved (such as by license or settlement) prior to the
323*9e86db79SHyon Kim      initiation of patent infringement litigation, then the reasonable
324*9e86db79SHyon Kim      value of the licenses granted by such Participant under Sections
325*9e86db79SHyon Kim      2.1 or 2.2 shall be taken into account in determining the amount
326*9e86db79SHyon Kim      or value of any payment or license.
327*9e86db79SHyon Kim
328*9e86db79SHyon Kim
329*9e86db79SHyon Kim
330*9e86db79SHyon Kim    * *8.4* In the event of termination under Sections 8.1 or 8.2 above,
331*9e86db79SHyon Kim      all end user license agreements (excluding distributors and
332*9e86db79SHyon Kim      resellers) which have been validly granted by You or any
333*9e86db79SHyon Kim      distributor hereunder prior to termination shall survive termination.
334*9e86db79SHyon Kim
335*9e86db79SHyon Kim*9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
336*9e86db79SHyon KimTHEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
337*9e86db79SHyon KimSHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
338*9e86db79SHyon KimDISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
339*9e86db79SHyon KimLIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
340*9e86db79SHyon KimCONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
341*9e86db79SHyon KimDAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
342*9e86db79SHyon KimMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
343*9e86db79SHyon KimSUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
344*9e86db79SHyon KimTHIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
345*9e86db79SHyon KimPERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
346*9e86db79SHyon KimAPPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
347*9e86db79SHyon KimALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
348*9e86db79SHyon KimDAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.*
349*9e86db79SHyon Kim
350*9e86db79SHyon Kim*10. U.S. GOVERNMENT END USERS.* The Covered Code is a "commercial
351*9e86db79SHyon Kimitem," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
352*9e86db79SHyon Kimconsisting of "commercial computer software" and "commercial computer
353*9e86db79SHyon Kimsoftware documentation," as such terms are used in 48 C.F.R. 12.212
354*9e86db79SHyon Kim(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
355*9e86db79SHyon Kimthrough 227.7202-4 (June 1995), all U.S. Government End Users acquire
356*9e86db79SHyon KimCovered Code with only those rights set forth herein.
357*9e86db79SHyon Kim
358*9e86db79SHyon Kim*11. MISCELLANEOUS *This License represents the complete agreement
359*9e86db79SHyon Kimconcerning subject matter hereof. If any provision of this License is
360*9e86db79SHyon Kimheld to be unenforceable, such provision shall be reformed only to the
361*9e86db79SHyon Kimextent necessary to make it enforceable. This License shall be governed
362*9e86db79SHyon Kimby California law provisions (except to the extent applicable law, if
363*9e86db79SHyon Kimany, provides otherwise), excluding its conflict-of-law provisions. The
364*9e86db79SHyon Kimapplication of the United Nations Convention on Contracts for the
365*9e86db79SHyon KimInternational Sale of Goods is expressly excluded. Any law or regulation
366*9e86db79SHyon Kimwhich provides that the language of a contract shall be construed
367*9e86db79SHyon Kimagainst the drafter shall not apply to this License.
368*9e86db79SHyon Kim
369*9e86db79SHyon Kim*12. RESPONSIBILITY FOR CLAIMS.* As between Initial Developer and the
370*9e86db79SHyon KimContributors, each party is responsible for claims and damages arising,
371*9e86db79SHyon Kimdirectly or indirectly, out of its utilization of rights under this
372*9e86db79SHyon KimLicense and You agree to work with Initial Developer and Contributors to
373*9e86db79SHyon Kimdistribute such responsibility on an equitable basis. Nothing herein is
374*9e86db79SHyon Kimintended or shall be deemed to constitute any admission of liability.
375*9e86db79SHyon Kim
376*9e86db79SHyon Kim*13. MULTIPLE-LICENSED CODE.* Initial Developer may designate portions
377*9e86db79SHyon Kimof the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means
378*9e86db79SHyon Kimthat the Initial Developer permits you to utilize portions of the
379*9e86db79SHyon KimCovered Code under Your choice of this License or the alternative
380*9e86db79SHyon Kimlicenses, if any, specified by the Initial Developer in the file
381*9e86db79SHyon Kimdescribed in Exhibit A.
382*9e86db79SHyon Kim
383*9e86db79SHyon Kim*14. ACCEPTANCE.* This License is accepted by You if You retain, use, or
384*9e86db79SHyon Kimdistribute the Covered Code for any purpose.
385*9e86db79SHyon Kim
386*9e86db79SHyon Kim*EXHIBIT A �The SNIA Public License.*
387*9e86db79SHyon Kim
388*9e86db79SHyon KimThe contents of this file are subject to the SNIA Public License Version
389*9e86db79SHyon Kim1.1 (the "License"); you may not use this file except in compliance with
390*9e86db79SHyon Kimthe License. You may obtain a copy of the License at
391*9e86db79SHyon Kim
392*9e86db79SHyon Kim    http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html
393*9e86db79SHyon Kim
394*9e86db79SHyon KimSoftware distributed under the License is distributed on an "AS IS"
395*9e86db79SHyon Kimbasis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
396*9e86db79SHyon KimLicense for the specific language governing rights and limitations under
397*9e86db79SHyon Kimthe License.
398*9e86db79SHyon Kim
399*9e86db79SHyon KimThe Original Code is _                    ._
400*9e86db79SHyon Kim
401*9e86db79SHyon KimThe Initial Developer of the Original Code is _  [COMPLETE THIS]    _.
402*9e86db79SHyon Kim
403*9e86db79SHyon KimContributor(s): ______________________________________.
404*9e86db79SHyon Kim
405