Hardware Management Console
License README
This Readme file contains license information and notices related to certain Third Party Code contained in this product. |
ADOBE SYSTEMS INCORPORATED
ADOBE® READER® SOFTWARE LICENSE AGREEMENT NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE ADOBE READER SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE. |
Adobe and its suppliers own all intellectual
property in the Software. Adobe permits you to Use the Software only in
accordance with the terms of this Agreement. Use of some third party materials
included in the Software may be subject to other terms and conditions typically
found in a separate license agreement or "Read Me" file located near such
materials.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Adobe or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Adobe. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 10(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. 2. Software License. As long as you comply with the terms of this Software
License Agreement (this "Agreement"), Adobe grants to you a non-exclusive
license to Use the Software for the purposes described in the Documentation.
3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers. 4. Restrictions.
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Adobe may have to support the previous versions of the Software may be ended upon availability of the Update. 6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no warranty as to its use or performance. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement. 7. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Adobe's Customer Support Department. 8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) Ireland, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of Ireland, when the law of Ireland applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. 11. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement. 12. Compliance with Licenses. If you are a business or organization, you agree that upon request from Adobe or Adobe's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Adobe. 13. Specific Exceptions.
If you have any questions regarding this Agreement or if you wish to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving your jurisdiction. Adobe and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. Reader_WWEULA_English_04.14.03 |
Opera Browser Information: LICENSE.TXT
===========================================
Copyright (C) Opera Software 1995-2003
IMPORTANT NOTE
The Software, as defined below, is protected by copyright, which are vested in Opera Software ASA/its suppliers.
Registration codes, as defined below, are protected by copyright, which is vested in Opera Software ASA.
The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document.
If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.
To make personalized advertising possible, users of the ad-sponsored software may provide ad-related profile information on strictly a voluntary basis. The Opera Software ASA privacy policy, found at <http://www.opera.com/privacy/> governs the use of such profile information.
END USER LICENSE AGREEMENT
DEFINITIONS
The following definitions apply to the terms and conditions included in this Agreement.
Opera
means a Browser, developed by Opera Software ASA, for reading and writing
files to and from a network and/or file system.
Software
means Opera, all program and information files and other documentation
which are part of the Opera Software package, with the exception of the
Registration Codes.
Registration Code
registers a paid version of the software. This disables the advertising
banner in the Browser’s top right hand corner, and removes advertising
content which has been cached.
Individual
means a particular person.
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and Opera Software ASA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.
You are entitled to use your copy of the Software on one computer. "Use" means loaded in temporary memory or permanent storage on the computer. Installation on a network server for distribution to other computers is not allowed, unless you have a separate license for each computer to which the Software is distributed. You are obligated to have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses.
The Software is protected by Norwegian and United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes. You may not rent or lease the Software or copy any written materials accompanying the Software. You may transfer the Software and all accompanying materials to another individual on a permanent basis, if you retain no copies and the recipient agrees to the terms of this Agreement. Any transfer must include the most recent update and all prior versions.
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Opera Software ASA/its suppliers.
You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration Code for any other purpose without written agreement from Opera Software ASA.
The copyright of all Registration Codes remains vested in Opera Software ASA which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. OPERA SOFTWARE ASA OR ITS SUPPLIERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.
OPERA SOFTWARE ASA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .
IN NO EVENT SHALL OPERA SOFTWARE ASA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPERA SOFTWARE ASA ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS")
REGARDLESS OF THE FORM OF ACTION, OPERA SOFTWARE ASA AND ITS SUPPLIERS
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT
EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW.
The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.
Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Privacy statement: Opera Software ASA strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users personal information, within the confines of the Opera domain. The Opera Software ASA privacy statement found at <http://www.opera.com/privacy/>, is incorporated in this Agreement by reference.
If you choose the option of being served content targeted ads you hereby consent to (i) the use by Opera Software ASA and its advertising partner of your IP address, the URLs you request and agent information (“End User Information”) for the purpose of serving ads and (ii) the transfer for this purpose of the End User Information to countries outside the European Economic Area, including the United States.
Any variation to the terms of this Agreement shall only be valid if made in writing by Opera Software ASA.
Any and all disputes arising out of the rights and obligations in this
Agreement shall be submitted to ordinary court proceedings. You accept
the Oslo City Court as legal venue under this Agreement.
This Agreement shall be governed by Norwegian law, and the stipulations
set forth herein to be construed in accordance with same.
CIMOM is an open source program licensed to you by Storage Networking Industry Association (SNIA) under the terms of the SNIA Open Source License found at http://www.snia.org/English/Resources/Code/OpenSource.html. The text of the license reads as follows:
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:
(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
/http://www.snia.org/English/Resources/Code/OpenSource.html
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.