Notice

About this document

The following copyright statements and licenses apply to software components that are distributed
with various versions of the Windows Host Utilities products. Your product does not necessarily use
all the software components referred to below.

Where required, source code is published at the following location:

ftp://ftp.netapp.com/frm-ntap/opensource/

215-09390 _A0 -Copyright 2014 NetApp, Inc. All rights reserved.

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Copyrights and licenses

The following component is subject to the Common Public License 1.0

• Windows Installer XML (WiX) toolset - 2.0.5805.1

Copyright (c) Microsoft Corporation. All rights reserved.

Copyright 2008 NetApp, contribution by James Burke

Common Public License Version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this
Agreement, and

b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that
particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program
by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include
additions to the Program which: (i) are separate modules of software distributed in conjunction with
the Program under their own license agreement, and (ii) are not derivative works of the Program.

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"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use
or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive,
worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such
derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive,
worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import
and otherwise transfer the Contribution of such Contributor, if any, in source code and object code
form. This patent license shall apply to the combination of the Contribution and the Program if, at the
time the Contribution is added by the Contributor, such addition of the Contribution causes such
combination to be covered by the Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set
forth herein, no assurances are provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability
to Recipient for claims brought by any other entity based on infringement of intellectual property
rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if
any. For example, if a third party patent license is required to allow Recipient to distribute the
Program, it is Recipient's responsibility to acquire that license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if
any, to grant the copyright license set forth in this Agreement.

3. REQUIREMENTS

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A Contributor may choose to distribute the Program in object code form under its own license agreement,
provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and
implied, including warranties or conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct,
indirect, special, incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone
and not by any other party; and

iv) states that source code for the Program is available from such Contributor, and informs licensees
how to obtain it in a reasonable manner on or through a medium customarily used for software
exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement

; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably
allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business
partners and the like. While this license is intended to facilitate the commercial use of the Program, the
Contributor who includes the Program in a commercial product offering should do so in a manner which does
not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a
commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and

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indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs
(collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against
the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in
connection with its distribution of the Program in a commercial product offering. The obligations in this
section do not apply to any claims or Losses relating to any actual or alleged intellectual property
infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with
the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified
Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That
Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those
damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON

AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program
and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to
the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or
equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

7. GENERAL

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Notice

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the
validity or enforceability of the remainder of the terms of this Agreement, and without further action by the
parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision
valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software
(including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to
such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if
Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit)
alleging that the Program itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as
of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms
or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming
aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to
cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations
under this Agreement and any licenses granted by Recipient relating to the Program shall continue and
survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the
Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one
other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement
Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity.
Each new version of the Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute
the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a)
and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under
this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the
United States of America. No party to this Agreement will bring a legal action under this Agreement more
than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting
litigation.

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The following component is subject to the License for Microsoft

Windows Server Driver Development Kit Service Pack 1
♦ Windows Server 2003 SP1 DDK - 2003SP1

Copyright (c) 2001 Microsoft Corporation.

MICROSOFT WINDOWS SERVER 2003 DRIVER DEVELOPMENT KIT SERVICE PACK 1

IMPORTANTâ•flREAD CAREFULLY: This End-User License Agreement (â•œEULAâ•š) is a lega
agreement between you (either an individual or a single entity) and Microsoft Corporation (â•œMicrosoftâ•š)
for the Microsoft software that accompanies this EULA, which includes computer software and may include
associated media, printed materials, â•œonlineâ•š or electronic documentation, and Internet-based services
(â•œSoftwareâ•š). An amendment or addendum to this EULA may accompany the Software. YOU AGREE
TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE
SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A
FULL REFUND. 1. GRANTS OF LICENSE . Microsoft grants you the rights described in this EULA
provided that you comply with all terms and conditions of this EULA. 1.1 General License Grant. Microsoft
grants to you a personal, non-exclusive, nontransferable, royalty-free license to use the Software, and to make
and use five (5) copies of the Software on one or more computers located at your premises solely for the
purpose of designing, developing and testing drivers that operate in conjunction with the Software for use
with Microsoft Windows 2000 Professional, Microsoft Windows 2000 Server, Microsoft Windows 2000
Advanced Server and Microsoft Windows 2000 Datacenter Server; Microsoft Windows XP, Microsoft
Windows XP Service Pack 1; Microsoft Windows Server 2003 Standard Edition, Microsoft Windows Server
2003 Enterprise Edition and Microsoft Windows Server 2003 Datacenter Edition operating system products
and any Microsoft operating system product that is a successor to any of the foregoing (each an "OS
Product"). 1.2 Documentation. You may make and use an unlimited number of copies of any documentation,
provided that such copies shall be used only for personal purposes and are not to be republished or distributed
(either in hard copy or electronic form) beyond your premises. 2. ADDITIONAL LICENSE RIGHTS --
REDISTRIBUTABLE CODE . In addition to the rights granted in Section 1, certain portions of the Software,
as described in this Section 2, are provided to you with additional license rights. These additional license
rights are conditioned upon your compliance with the distribution requirements and license limitations
described in Section 3. 2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free license to:
(a) use and modify the source code version of those portions of the Software identified as â•œSamplesâ•š in
the Software (â•œSample Codeâ•š) for the sole purposes of designing, developing, and testing your software
product(s), and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object
code form (â•œRedistributable Codeâ•š). For applicable redistribution requirements for Sample Code, see
Section 3 below. 3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND
LIMITATIONS . If you choose to exercise your rights under Section 2, any redistribution by you is subject to
your compliance with this Section 3. (a) If you choose to redistribute Sample Code, or Redistributable Code

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(collectively, the â•œRedistributablesâ•š) as described in Section 2, you agree: (i) except as otherwise noted
in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction
with and as a part of software developed by you that adds significant and primary functionality to the
Redistributables (â•œLicensee Softwareâ•š); (ii) that the Redistributables only operate in conjunction with
Microsoft Windows platforms; (iii) that if the Licensee Software is distributed beyond Licenseeâ•Žs premises
or externally from Licenseeâ•Žs organization, to distribute the Licensee Software containing the
Redistributables pursuant to an end user license agreement (which may be â•œbreak-the-sealâ•š,
â•œclick-wrapâ•š or signed), with terms no less protective than those contained in this EULA; (iv) not to use
Microsoftâ•Žs name, logo, or trademarks to market the Licensee Software; (v) to display your own valid
copyright notice which shall be sufficient to protect Microsoftâ•Žs copyright in the Software; (vi) not to
remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you;
(vii) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including
attorneyâ•Žs fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise
comply with the terms of this EULA; and (ix) agree that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by your end users except you may
permit further redistribution of the Redistributables by your distributors to your end-user customers if (i) your
distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, (ii)
you comply with all other terms of this EULA, and (ii) your distributors comply with all restrictions of this
EULA that are applicable to you. (b) If you use the Redistributable Code, then in addition to your compliance
with the applicable distribution requirements described for the Redistributable Code, the following also
applies. Your license rights to the Redistributable Code are conditioned upon your not (i) creating derivative
works of the Redistributable Code in any manner that would cause the Redistributable Code in whole or in
part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributable
Code (or derivative works thereof) in any manner that would cause the Redistributable Code to become
subject to any of the terms of an Excluded License. An â•œExcluded Licenseâ•š is any license that requires
as a condition of use, modification and/or distribution of software subject to the Excluded License, that such
software or other software combined and/or distributed with such software be (x) disclosed or distributed in
source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.
(c) If you have developed, tested and submitted drivers for WQHL certification using the Windows Server
2003 Service Pack 1 Driver Development Kit Release Candidate 2 and such drivers have been certified, such
drivers shall be considered Redistributables under this EULA. 4. RESERVATION OF RIGHTS AND
OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is
protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the
title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. 5.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not
reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation. 6. NO RENTAL/COMMERCIAL
HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software. 7.
CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical
information gathered as part of the product support services provided to you, if any, related to the Software.
Microsoft may use this information solely to improve our products or to provide customized services or

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technologies to you and will not disclose this information in a form that personally identifies you. 8. LINKS
TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party
sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party
sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not
responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is
providing these links to third party sites to you only as a convenience, and the inclusion of any link does not
imply an endorsement by Microsoft of the third party site. 9. ADDITIONAL SOFTWARE/SERVICES. This
EULA applies to updates, supplements, add-on components, or Internet-based services components, of the
Software that Microsoft may provide to you or make available to you after the date you obtain your initial
copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or
Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services
provided to you or made available to you through the use of the Software. 10. NOT FOR RESALE
SOFTWARE. Software identified as â•œNot For Resaleâ•š or â•œNFR,â•š may not be sold or otherwise
transferred for value, or used for any purpose other than demonstration, test or evaluation. 11. ACADEMIC
EDITION SOFTWARE. To use Software identified as â•œAcademic Editionâ•š or â•œAE,â•š you must be
a â•œQualified Educational User.â•š For qualification-related questions, please contact the Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your
country. 12. EXPORT RESTRICTIONS . You acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by U.S. and other governments. For additional information see
http://www.microsoft.com/exporting/. 13. SOFTWARE TRANSFER. The initial user of the Software may
make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user
retains no copies of the Software. This transfer must include all of the Software (including all component
parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of
Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the
end user receiving the Software must agree to all the EULA terms. 14. TERMINATION. Without prejudice to
any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the Software and all of its component parts. 15.
LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Microsoft warrants
that the Software will perform substantially in accordance with the accompanying materials for a period of
ninety (90) days from the date of receipt. If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above
limitation may not apply to you. Any supplements or updates to the Software, including without limitation,
any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty
period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON
REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES . Your exclusive remedy for any breach of

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this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT
ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Software does not meet Microsoftâ•Žs Limited Warranty, and, to the maximum extent
allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17
(â•œExclusion of Incidental, Consequential and Certain Other Damagesâ•š) are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty
gives you specific legal rights. You may have other rights which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoftâ•Žs and its suppliersâ•Ž entire liability and
your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for
any other liability relating to the Software shall be, at Microsoftâ•Žs option from time to time exercised
subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement
of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of
your receipt. You will receive the remedy elected by Microsoft without charge, except that you are
responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited
Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or
a virus. Any replacement Software will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your
remedy within a commercially reasonable time of your compliance with Microsoftâ•Žs warranty remedy
procedures. Outside the United States or Canada, neither these remedies nor any product support services
offered by Microsoft are available without proof of purchase from an authorized international source. To
exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country. 16. DISCLAIMER OF
WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is
provided in lieu of any other express warranties or similar obligations (if any) created by any advertising,
documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum
extent permitted by applicable law, Microsoft and its suppliers provide the Software and support services (if
any)AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether
express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all
with regard to the Software, and the provision of or failure to provide support or other services, information,
software, and related content through the Software or otherwise arising out of the use of the Software. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE. 17.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO

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MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE,
AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE
USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION
OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 18.LIMITATION OF LIABILITY
AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED
HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE
ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF
THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF
REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF
THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES
YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS (INCLUDING SECTIONS 15, 16 AND 17) SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE. 19. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights
and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with â•œRestricted Rightsâ•š as provided for in
FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 20.
GOVERNING LAW; ATTORNEYSâ•Ž FEES. This Agreement shall be construed and controlled by the
laws of the State of Washington, and you consent to the jurisdiction and venue in the federal courts sitting in
King County, Washington, unless no federal subject matter jurisdiction exists, in which case you consent to
the jurisdiction and venue in the Superior Court of King County, Washington. You waive all defenses of lack
of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner
authorized by applicable law or court rule. If either Microsoft or you employ attorneys to enforce any rights
arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees. 21. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) are the entire agreement between you and
Microsoft relating to the Software and the support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with respect to the Software
or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or
programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If
any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall
continue in full force and effect. Si vous avez acquis votre produit Microsoft au CANADA, la garantie

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limitée suivante s╎applique: GARANTIE LIMITÛE Microsoft garantit que le Logiciel fonctionnera
conformément aux documents inclus pendant une période de 90 jours suivant la date de réception. Si
une garantie ou condition implicite est créée par votre Ûtat ou votre territoire et qu╎une loi
fédérale ou provinciale ou d╎un Ûtat en interdit le déni, vous jouissez également d╎une
garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÛFAUTS DÛCOUVERTS
DURANT LA PÛRIODE DE LA PRÛSENTE GARANTIE LIMITÛE (QUATRE-VINGT-DIX
JOURS). IL Nâ•ŽY A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT
QUANT AUX DÛFAUTS DÛCOUVERTS APRËS CETTE PÛRIODE DE QUATRE-VINGT-DIX
JOURS. Certains Ûtats ou territoires ne permettent pas de limiter la durée d╎une garantie ou condition
implicite de sorte que la limitation ciÂ−dessus peut ne pas sâ•Žappliquer à vous. Tous les suppléments ou
toutes les mises à jour relatifs au Logiciel, notamment, les ensembles de services ou les réparations Ã
chaud (le cas échéant) qui vous sont fournis après l╎expiration de la période de quatre-vingt-dix
jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse,
implicite ou en vertu de la loi. LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS
OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit
ciÂ−après. Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte pas la garantie
limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, même si tout recours
n╎atteint pas son but essentiel,VOUS N╎AVEZ DROIT Õ AUCUNS DOMMAGES, NOTAMMENT
DES DOMMAGES INDIRECTS. Les termes de la clause «Exclusion des dommages accessoires, indirects
et de certains autres dommages » sont également intégrées à la présente garantie limitée.
Certains Ûtats ou territoires ne permettent pas l╎exclusion ou la limitation des dommages indirects ou
accessoires de sorte que la limitation ou lâ•Žexclusion ciÂ−dessus peut ne pas sâ•Žappliquer à vous. La
présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d╎autres
droits qui peuvent varier d╎un territoire ou d╎un Ûtat à un autre. VOTRE RECOURS EXCLUSIF. La
seule responsabilité obligation de Microsoft et de ses fournisseurs et votre recours exclusif pour toute
violation de la présente garantie limitée ou pour toute autre violation du présent contrat ou pour toute
autre responsabilité relative au Logiciel seront, selon le choix de Microsoft exercé de temps à autre sous
réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Logiciel
ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas la présente garantie limitée et
qui est retourné à Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par
Microsoft, sans frais, sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex., les
frais d╎envoi du Logiciel à Microsoft). La présente garantie limitée est nulle si la défectuosité
du Logiciel est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un
virus. Tout Logiciel de remplacement sera garanti pour le reste de la période initiale de la garantie ou
pendant trente (30) jours, selon la plus longue entre ces deux périodes. Õ l╎extérieur des
Ûtats-Unis ou du Canada, ces recours ou l╎un quelconque des services de soutien technique offerts par
Microsoft ne sont pas disponibles sans preuve d╎achat d╎une source internationale autorisée. Pour
exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales
Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre
pays. DÛNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus constitue la seule garantie
expresse qui vous est donnée et remplace toutes autres garanties expresses (s╎il en est) crées par une

12
Notice

publicité, un document, un emballage ou une autre communication. Sauf en ce qui a trait à la garantie
limitée et dans la mesure maximale permise par les lois applicables, le Logiciel et les services de soutien
technique (le cas échéant) sont fournisTELS QUELS ET AVEC TOUS LES DÛFAUTS par Microsoft
et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses,
implicites ou en vertu de la loi, notamment, mais sans limitation, (le cas échéant) les garanties, devoirs
ou conditions implicites de qualité marchande, d╎adaptation à une fin particulière, de fiabilité ou de
disponibilité, d╎exactitude ou d╎exhaustivité des réponses, des résultats, des efforts
déployés selon les règles de lâ•Žart, dâ•Žabsence de virus et dâ•Žabsence de négligence, le tout Ã
l╎égard du Logiciel et de la prestation ou de l╎omission de la prestation des services de soutien
technique ou à l╎égard de la fourniture ou de l╎omission de la fourniture de tous autres services,
renseignements, logiciels, et contenu qui s╎y rapporte grâce au Logiciel ou provenant autrement de
lâ•Žutilisation du Logiciel . PAR AILLEURS, IL Nâ•ŽY A AUCUNE GARANTIE OU CONDITION
QUANT AU TITRE DE PROPRIÛTÛ, Õ LA JOUISSANCE OU LA POSSESSION PAISIBLE, Õ LA
CONCORDANCE Õ UNE DESCRIPTION NI QUANT Õ UNE ABSENCE DE CONTREFAÃ⁄ON
CONCERNANT LE LOGICIEL. EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE
CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT
RESPONSABLES DES DOMMAGES SPÛCIAUX, CONSÛCUTIFS, ACCESSOIRES OU INDIRECTS
DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES Õ L╎ÛGARD DU
MANQUE Õ GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU
AUTRES, DE LA PERTE Dâ•ŽEXPLOITATION, DE BLESSURES CORPORELLES, DE LA
VIOLATION DE LA VIE PRIVÛE, DE L╎OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS
D╎AGIR DE BONNE FOI OU D╎EXERCER UN SOIN RAISONNABLE, DE LA NÛGLIGENCE
ET DE TOUTE AUTRE PERTE PÛCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE
SOIT) SE RAPPORTANT DE QUELQUE MANIËRE QUE CE SOIT Õ L╎UTILISATION DU
LOGICIEL OU Õ L╎INCAPACITÛ DE S╎EN SERVIR, Õ LA PRESTATION OU Õ
L╎OMISSION DE LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU Õ LA
FOURNITURE OU Õ L╎OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES,
RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S╎Y RAPPORTE GRÇCE AU LOGICIEL
OU PROVENANT AUTREMENT DE Lâ•ŽUTILISATION DU LOGICIEL OU AUTREMENT AUX
TERMES DE TOUTE DISPOSITION DE LA PRÛSENTE CONVENTION OU RELATIVEMENT Õ
UNE TELLE DISPOSITION, MÃ−ME EN CAS DE FAUTE, DE DÛLIT CIVIL (Y COMPRIS LA
NÛGLIGENCE), DE RESPONSABILITÛ STRICTE, DE VIOLATION DE CONTRAT OU DE
VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÃ−ME SI
MICROSOFT OU TOUT FOURNISSEUR A ÛTÛ AVISÛ DE LA POSSIBILITÛ DE TELS
DOMMAGES. LIMITATION DE RESPONSABILITÛ ET RECOURS. MALGRÛ LES DOMMAGES
QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS
LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÛS ET TOUS LES DOMMAGES DIRECTS
OU GÛNÛRAUX OU AUTRES), LA SEULE RESPONSABILITÛ DE MICROSOFT ET DE L╎UN
OU Lâ•ŽAUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE LA
PRÛSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF Õ L╎ÛGARD DE TOUT CE QUI

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Notice

PRÛCËDE (SAUF EN CE QUI CONCERNE TOUT RECOURS DE RÛPARATION OU DE

REMPLACEMENT CHOISI PAR MICROSOFT Õ L╎ÛGARD DE TOUT MANQUEMENT Õ LA
GARANTIE LIMITÛE) SE LIMITE AU PLUS ÛLEVÛ ENTRE LES MONTANTS SUIVANTS : LE
MONTANT QUE VOUS AVEZ RÛELLEMENT PAYÛ POUR LE LOGICIEL OU 5,00 $US. LES
LIMITES, EXCLUSIONS ET DÛNIS QUI PRÛCËDENT (Y COMPRIS LES CLAUSES CI-DESSUS),
Sâ•ŽAPPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
MÃ−ME SI TOUT RECOURS Nâ•ŽATTEINT PAS SON BUT ESSENTIEL. Õ moins que cela ne soit
prohibé par le droit local applicable, la présente Convention est régie par les lois de la province
d╎Ontario, Canada. Vous consentez à la compétence des tribunaux fédéraux et provinciaux
siégeant à Toronto, dans la province d╎Ontario. Au cas où vous auriez des questions concernant cette
licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez
utiliser lâ•Žinformation contenue dans le Logiciel pour contacter la filiale de Microsoft desservant votre pays,
ou visitez Microsoft sur le World Wide Web à http://www.microsoft.com.

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Notice

The following component is subject to the Microsoft Windows Server

2003 SP1 SDK License for sample code (not MFC ATL CRT)
♦ MS Server 2003 Platform SDK Samples - 5.2.3790.2075.51

Copyright (C) Microsoft Corporation,1997-1998, Copyright (C) 1996-2000.Microsoft

Corporation.All rights reserved.

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT PLATFORM SOFTWARE DEVELOPMENT KIT
FOR MICROSOFT WINDOWS SERVER 2003 SERVICE PACK
1
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its
affiliates) and you. Please read them. They apply to the software named above, which includes the media on
which you received it, if any. The terms also apply to any Microsoft:

♦ updates,
♦ supplements,
♦ Internet-based services, and
♦ support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using this software, you accept these terms. If you do not accept them, do not use the software.

If you comply with these license terms, you have the rights below:

1. USE RIGHTS.
a. Use.&nbsp You may install the software on any number of devices to design, develop and
test your programs that run on a Microsoft Windows operating system.
b. Other Microsoft Programs.&nbsp The software contains other Microsoft programs. The
license terms with those programs apply to your use of them.
c. Distributable Code.&nbsp The software contains code that you are permitted to copy and
distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute.&nbsp The code and text files listed below are
"Distributable Code." You may:
• REDIST.TXT Files.&nbsp Copy and distribute the object code form of code

15
Notice

listed in REDIST.TXT files;

• Sample Code.&nbsp Modify, copy and distribute the source and object code
form of code marked as •sample† except for files identified as MFCs, ATLs
and CRTs (see below);
• MFCs, ATLs and CRTs.&nbsp Modify the source code form of Microsoft
Foundation Classes (MFCs), Active Template Libraries (ATLs), and C
runtimes (CRTs) to design, develop and test your programs, and copy and
distribute the object code form of your modified files under a new name; and
• Third Party Distribution.&nbsp Permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements.&nbsp For any Distributable Code you distribute, you
must:
• add significant primary functionality to it in your programs;
• only invoke the software via interfaces described in the software
documentation;
• for any Distributable Code having a filename extension of .lib, distribute only
the results of running such Distributable Code through a linker with your
application;
• distribute Distributable Code included in a setup program only as part of that
setup program without modification;
• require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
• display your valid copyright notice on your programs;
• for Distributable Code from the Windows Media Services SDK portions of
the software, include in your program's Help-About box (or in another
obvious place if there is no box) the following copyright notice: "Portions
utilize Microsoft Windows Media Technologies. Copyright (c)
1999-2005 Microsoft Corporation. All Rights
Reserved"; and
• indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys' fees, related to the distribution or use of your programs.
iii. Distribution Restrictions.&nbsp You may not:
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft's trademarks in your programs' names or in a way that suggests
your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows
platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any
part of it becomes subject to an Excluded License. An Excluded License is
one that requires, as a condition of use, modification or distribution, that:

16
Notice

♦ the code be disclosed or distributed in source code form, or

♦ others have the right to modify it.
2. TRANSFER.
The first user of the software may transfer it and this agreement directly to a third party. Before the
transfer, that party must agree that this agreement applies to the transfer and use of the software. The
first user must uninstall the software before transferring it separately from the device. The first user
may not retain any copies.
3. BACKUP COPY.
You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION.
You may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS.
The software is subject to United States export laws and regulations. You must comply with all
domestic and international export laws and regulations that apply to the software. These laws include
restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting {http://www.microsoft.com/exporting}.
6. SUPPORT SERVICES.
Because this software is "as is," we may not provide support services for it.
7. SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to use the software.
Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In doing so, you must
comply with any technical limitations in the software that only allow you to use it in certain ways.
You may not:
◊ work around any technical limitations in the software,
◊ reverse engineer, decompile or disassemble the software, except and only to the extent that
applicable law expressly permits, despite this limitation,
◊ make more copies of the software than specified in this agreement or allowed by applicable
law, despite this limitation,
◊ publish the software for others to copy,
◊ rent, lease or lend the software, or
◊ use the software for commercial software hosting services.
8. ENTIRE AGREEMENT.
This agreement and the terms for supplements, updates, Internet-based services and support services
that you use are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it, regardless
of conflict of laws principles. The laws of the state where you live govern all other claims,
including claims under state consumer protection laws, unfair competition laws, and in tort.

17
Notice

b. Outside the United States. If you acquired the software in any other country, the laws of that
country apply.
10. LEGAL EFFECT.
This agreement describes certain legal rights. You may have other rights under the laws of your
country. You may also have rights with respect to the party from whom you acquired the software.
This agreement does not change your rights under the laws of your country if the laws of your country
do not permit it to do so.
11. DISCLAIMER OF WARRANTY.
The software is licensed "as-is". You bear the risk of using it. Microsoft gives no express warranties,
guarantees or conditions. You may have additional consumer rights under your local laws which this
agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the
implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot
recover any other damages, including consequential, lost profits, special, indirect or incidental
damages. This limitation applies to:
◊ anything related to the software, services, content (including code) on third party Internet
sites, or third party programs, and
◊ claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The
above limitation or exclusion may not apply to you because your country may not allow the exclusion
or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are
provided below in French.

Remarque: Ce logiciel etant distribue au Quebec, Canada, certaines des clauses dans ce contrat sont fournies
ci-dessous en francais.

EXONERATION DE GARANTIE.
Le logiciel vise par une licence est offert "tel quel". Toute utilisation de ce logiciel est a votre seule risque et
peril. Microsoft n'accorde aucune garantie ou condition expresse. Vous pouvez disposer de droits de
consommateur additionnels que vous conferent vos lois locales, que la presente licence ne peut modifier. Dans
la mesure permise par vos lois locales, les garanties implicites de qualite marchande, d'adaptation a un usage
particulier et d'absence de contrefacon sont exclues.

LIMITATION DES DOMMAGES-INTERETS ET EXCLUSION DE RESPONSABILITE POUR LES

DOMMAGES.
Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs
uniquement a hauteur de 5,00 $ US. Vous ne pouvez pretendre a aucune indemnisation pour les autres
dommages, y compris les dommages speciaux, indirects ou accessoires et pertes de benefices. Cette limitation

18
Notice

concerne :

♦ toute matiere reliee au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites
Internet d'une tierce partie ou dans des programmes d'une tierce partie, et
♦ les reclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilite stricte, de
negligence ou d'une autre faute dans la limite autorisee par la loi en vigueur.
Elle s'applique egalement, meme si Microsoft connaissait ou devrait connaitre l'eventualite d'un tel dommage.
Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilite pour les dommages indirects,
accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne
s'appliquera pas a votre egard.

EFFET JURIDIQUE.
Le present contrat decrit certains droits juridiques. Vous pourriez avoir d'autres droits prevus par les lois de
votre pays. Le present contrat ne modifie pas les droits que vous conferent les lois de votre pays si celles-ci ne
le permettent pas.

19
Notice

The following component is subject to the SNIA Public License V1.1

♦ HBA API - 1.02
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

20
Notice

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.

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Notice

◊ (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

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Notice

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

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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

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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.

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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.

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 â The SNIA Public License.

The contents of this file are subject to the SNIA Public License Version 1.1 (the "License"); you may not use
this file except in compliance with the License. You may obtain a copy of the License at

This file itself is the license.

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] .

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Contributor(s): ______________________________________.

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