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