resources.stdlicenses.SNIA Maven / Gradle / Ivy
SNIA Public License 1.1 | Software Package Data Exchange (SPDX)
SNIA Public License 1.1
Full name
SNIA Public License 1.1
Short identifier
SNIA
Other web pages for this license
Notes
This is MPL-1.1 with some edits.
Text
STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1
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1.
Definitions.
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1.1
"Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
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1.2
"Contributor" means each entity that creates or contributes to the creation of Modifications.
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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.
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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.
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1.5
"Electronic Distribution Mechanism" means a mechanism generally accepted in the software
development community for the electronic transfer of data.
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1.6
"Executable" means Covered Code in any form other than Source Code.
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1.7
"Initial Developer" means the individual or entity identified as the Initial Developer in the
Source Code notice required by Exhibit A.
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1.8
"Larger Work" means a work which combines Covered Code or portions thereof with code not governed
by the terms of this License.
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1.9
"License" means this document.
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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.
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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:
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A.
Any addition to or deletion from the contents of a file containing Original Code or previous
Modifications.
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B.
Any new file that contains any part of the Original Code or previous Modifications.
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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.
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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.
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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.
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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
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2.
Source Code License.
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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:
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(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
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(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).
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(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.
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(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.
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2.2
Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
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(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
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(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).
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(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.
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(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.
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3.
Distribution Obligations.
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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.
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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.
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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.
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3.4
Intellectual Property Matters.
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(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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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6.
Versions of the License.
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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.
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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.
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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.)
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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.
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8.
TERMINATION.
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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.
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8.2
If You initiate litigation by asserting a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the Initial Developer or
Contributor against whom You file such action is referred to as "Participant") alleging that:
o (a) such Participant's Contributor Version directly or indirectly infringes any patent, then
any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant terminate prospectively, unless if within
60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version
against such Participant. If within 60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing by the parties or the litigation claim is
not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2
automatically terminate at the expiration of the 60 day notice period specified above.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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14.
ACCEPTANCE. This License is accepted by You if You retain, use, or distribute the Covered Code
for any purpose.
EXHIBIT A The SNIA Public License.
The contents of this file are subject to the SNIA Public License Version 1.0 (the "License"); you may not
use this file except in compliance with the License. You may obtain a copy of the License at
www.snia.org/smi/developers/cim/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND,
either express or implied. See the License for the specific language governing rights and limitations
under the License.
The Original Code is .
The Initial Developer of the Original Code is [COMPLETE THIS] .
Contributor(s): ______________________________________.
Read more about this license at http://www.snia.org/smi/developers/open_source/
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