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/
