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diff --git a/usr/src/lib/hbaapi/common/license.htm b/usr/src/lib/hbaapi/common/license.htm new file mode 100644 index 0000000000..32c9b41d6c --- /dev/null +++ b/usr/src/lib/hbaapi/common/license.htm @@ -0,0 +1,397 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> +<!-- saved from url=(0058)http://www.snia.org/English/Resources/Code/OpenSource.html --> +<HTML><HEAD><TITLE>Open Source</TITLE> +<META content="text/html; charset=windows-1252" http-equiv=Content-Type> +<META content="Open Source Code from SNIA" name=description> +<META +content="Storage Networking Industry Association, SNIA, SAN, NAS, Network Attached Storage, Storage Area Network, open source, CIMOM" +name=keywords><LINK href="SPL1.1_files/Base_Style.css" rel=stylesheet +type=text/css> +<META content="Dave Barnes of MarketingTactics (+1.303.744.9024)" name=Author> +<META content="MSHTML 5.00.3314.2100" name=GENERATOR></HEAD> +<BODY> +<TABLE border=0 cellPadding=1 cellSpacing=0 width=600> + <TBODY> + <TR> + <TD> + <CENTER> + <P><B>STORAGE NETWORKING INDUSTRY ASSOCIATION<BR></B><B>PUBLIC + LICENSE<BR></B><B>Version + 1.1 <BR></B>________________________</P></CENTER> + <DIV align=left> + <P><B>1. Definitions.</B></P> + <UL> + <P><B>1.1 "Commercial Use"</B> means distribution or otherwise making + the Covered Code available to a third party. </P> + <P><B>1.2 "Contributor"</B> means each entity that creates or + contributes to the creation of Modifications. </P> + <P><B>1.3 "Contributor Version"</B> means the combination of the + Original Code, prior Modifications used by a Contributor, and the + Modifications made by that particular Contributor. </P> + <P><B>1.4 "Covered Code"</B> means the Original Code or Modifications or + the combination of the Original Code and Modifications, in each case + including portions thereof. </P> + <P><B>1.5 "Electronic Distribution Mechanism"</B> means a mechanism + generally accepted in the software development community for the + electronic transfer of data. </P> + <P><B>1.6 "Executable"</B> means Covered Code in any form other than + Source Code. </P> + <P><B>1.7 "Initial Developer"</B> means the individual or entity + identified as the Initial Developer in the Source Code notice required + by Exhibit A. </P> + <P><B>1.8 "Larger Work"</B> means a work which combines Covered Code or + portions thereof with code not governed by the terms of this License. + </P> + <P><B>1.9 "License"</B> means this document. </P> + <P><B>1.10 "Licensable"</B> 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. </P> + <P><B>1.11 "Modifications"</B> 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: </P> + <UL> + <P><B>A.</B> Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications. </P> + <P><B>B.</B> Any new file that contains any part of the Original Code + or previous Modifications. </P></UL></UL> + <UL> + <P><B>1.12 "Original Code"</B> 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. </P> + <P><B>1.13 "Patent Claims"</B> means any patent claim(s), now owned or + hereafter acquired, including without limitation, method, process, and + apparatus claims, in any patent Licensable by grantor. </P> + <P><B>1.14 "Source Code"</B> 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. </P> + <P><B>1.15 "You" (or "Your")</B> 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.</P></UL> + <P><B>2. Source Code License.</B> </P> + <UL> + <P><B>2.1 The Initial Developer Grant.</B> The Initial Developer hereby + grants You a world-wide, royalty-free, non-exclusive license, subject to + third party intellectual property claims:</P> + <UL> + <P><B>(a)</B> 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 </P> + <P><B>(b)</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). </P> + <P><B>(c)</B> 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. </P> + <P><B>(d)</B> 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. </P></UL></UL> + <UL> + <P><B>2.2 Contributor Grant.</B> Subject to third party intellectual + property claims, each Contributor hereby grants You a world-wide, + royalty-free, non-exclusive license </P> + <UL> + <P><B>(a)</B> 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 </P> + <P><B>(b)</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). </P> + <P><B>(c)</B> 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. </P> + <P><B>(d)</B> 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.</P></UL></UL> + <P><B>3. Distribution Obligations.</B> </P> + <UL> + <P><B>3.1 Application of License.</B> 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. </P> + <P><B>3.2 Availability of Source Code.</B> 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. </P> + <P><B>3.3 Description of Modifications.</B> 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. </P> + <P><B>3.4 Intellectual Property Matters.</B></P> + <UL> + <P><B>(a) Third Party Claims. </B>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.</P> + <P><B>(b) Contributor API's. </B>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.<BR></P> + <P><B>(c) Representations.</B> 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.</P></UL> + <P><B>3.5 Required Notices. </B>You must duplicate the notice in + <B>Exhibit A</B> 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 <B>Exhibit A. </B>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.</P> + <P><B>3.6 Distribution of Executable Versions. </B>You may distribute + Covered Code in Executable form only if the requirements of Section<B> + 3.1-3.5 </B>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 <B>3.2.</B> + 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.</P> + <P><B>3.7 Larger Works.</B> 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.</P></UL> + <P><B>4. Inability to Comply Due to Statute or Regulation.</B> 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.</P> + <P><B>5. Application of this License.</B> This License applies to code to + which the Initial Developer has attached the notice in Exhibit A and to + related Covered Code.</P> + <P><B>6. Versions of the License.</B> </P> + <UL> + <P><B>6.1 New Versions.</B> 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. </P> + <P><B>6.2 Effect of New Versions.</B> 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. </P> + <P><B>6.3 Derivative Works.</B> 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.)</P></UL> + <P><B>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.</B></P> + <P><B>8. TERMINATION. </B></P> + <UL> + <P><B>8.1 </B>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.</P> + <P><B>8.2</B> 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: </P> + <UL> + <P><B>(a)</B> 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. </P></UL> + <P><B>8.3</B> 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. </P> + <P><B>8.4</B> 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.</P></UL> + <P><B>9. LIMITATION OF LIABILITY. </B><B>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.</B></P> + <P><B>10. U.S. GOVERNMENT END USERS.</B> 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.</P> + <P><B>11. MISCELLANEOUS </B>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.</P> + <P><B>12. RESPONSIBILITY FOR CLAIMS.</B> 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.</P> + <P><B>13. MULTIPLE-LICENSED CODE.</B> 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.</P> + <P><B>14. ACCEPTANCE.</B> This License is accepted by You if You retain, + use, or distribute the Covered Code for any purpose. </P> + <P><B>EXHIBIT A —The SNIA Public License.</B></P> + <DIR> + <DIR> + <P>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</P> + <P><A + href="http://www.snia.org/English/Resources/Code/OpenSource.html">/http://www.snia.org/English/Resources/Code/OpenSource.html</A></P> + <DIR></DIR> + <P>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.</P> + <P>The Original Code is + <U> .</U></P> + <P>The Initial Developer of the Original Code is <U> [COMPLETE + THIS] </U>.</P> + <P>Contributor(s): + ______________________________________.</P></DIR></DIR></DIV> + <DIV align=right> + <P><A name=accept></A> + </P></DIV></TD></TR></TBODY></TABLE> +<H2 style="COLOR: #df9d2b"> </H2></BODY></HTML> |