SMI-S VA V1.02.02 Release Notes

HP Software License Terms
17SMI-S VA Release Notes
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