mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-11-27 09:45:45 +03:00
377 lines
21 KiB
Text
377 lines
21 KiB
Text
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: 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.
|
|
|
|
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
|
|
|
|
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/
|