HSC_License

International Program License Agreement

Part 1 - General Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.

The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold.

The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine- readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.

This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms, and "License Information" and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and IBM. The terms of Part 2 and License Information may replace or modify those of Part 1.

1. License

Use of the Program

IBM grants you a nonexclusive license to use the Program.

You may 1) use the Program to the extent of authorizations you have acquired and 2) make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.

If you acquire this Program as a program upgrade, your authorization to use the Program from which you upgraded is terminated.

You will ensure that anyone who uses the Program does so only in compliance with the terms of this Agreement.

You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.

Transfer of Rights and Obligations

You may transfer all your license rights and obligations under a Proof of Entitlement for the Program to another party by transferring the Proof of Entitlement and a copy of this Agreement and all documentation. The transfer of your license rights and obligations terminates your authorization to use the Program under the Proof of Entitlement.

2. Proof of Entitlement

The Proof of Entitlement for this Program is evidence of your authorization to use this Program and of your eligibility for warranty services, future upgrade program prices (if announced), and potential special or promotional opportunities.

3. Charges and Taxes

IBM defines use for the Program for charging purposes and specifies it in the Proof of Entitlement. Charges are based on extent of use authorized. If you wish to increase the extent of use, notify IBM or its reseller and pay any applicable charges. IBM does not give refunds or credits for charges already due or paid.

If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Program supplied by IBM under this Agreement, then you agree to pay that amount as IBM specifies or supply exemption documentation.

4. Limited Warranty

IBM warrants that when the Program is used in the specified operating environment it will conform to its specifications. IBM does not warrant uninterrupted or error-free operation of the Program or that we will correct all Program defects. You are responsible for the results obtained from the use of the Program. The warranty period for the Program expires when its Program services are no longer available. The License Information specifies the duration of Program services.

During the warranty period warranty service is provided without charge for the unmodified portion of the Program through defect-related Program services. Program services are available for at least one year following the Program's general availability. Therefore, the duration of warranty service depends on when you obtain your license. If the Program does not function as warranted during the first year after you obtain your license and IBM is unable to resolve the problem by providing a correction, restriction, or bypass, you may return the Program to the party (either IBM or its reseller) from whom you acquired it and receive a refund in the amount you paid for it. To be eligible, you must have acquired the Program while Program services (regardless of the remaining duration) were available for it.

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

These warranties give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. In that event such warranties are limited in duration to the warranty period. No warranties apply after that period.

5. Limitation of Liability

Circumstances may arise where, because of a default on IBM's part or other liability, you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you may be entitled to claim damages from IBM, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the greater of U.S. $100,000 (or equivalent in your local currency) or the charges for the Program that is the subject of the claim.

IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IBM will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim.

This limitation of liability also applies to any developer of a Program supplied to IBM. It is the maximum for which IBM and its suppliers are collectively responsible.

6. General

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

IBM may terminate your license if you fail to comply with the terms of this Agreement. If IBM does so, your authorization to use the Program is also terminated.

You agree to comply with applicable export laws and regulations.

Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.

Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.

The laws of the country in which you acquire the Program govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement.

Part 2 - Country-unique Terms

AUSTRALIA:

Limited Warranty (Section 4):

The following paragraph is added to this Section:

The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.

Limitation of Liability (Section 5):

The following paragraph is added to this Section:

Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

EGYPT:

Limitation of Liability (Section 5):

The following replaces item 2 in the first paragraph of this Section:

2) as to any other actual direct damages, IBM's liability will be limited to the total amount you paid for the Program that is the subject of the claim.

FRANCE :

Limitation of Liability (Section 5):

The following replaces the second sentence in the first paragraph of this Section:

In such instances, regardless of the basis on which you are entitled to claim damages from IBM, IBM is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property; and 2) the amount of any other actual direct damages up to the greater of a) EUR 100,000 (or equivalent in local currency) or b) the charges for the Program which is the subject of the claim.

GERMANY:

Limited Warranty (Section 4):

The following paragraphs are added to this Section:

The minimum warranty period for Programs is six months.

In case a Program is delivered without Specifications, we will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. You have to check the usability according to the Program information within the "money-back guaranty" period.

The following replaces the first sentence of the first paragraph of this Section:

The warranty for an IBM Program covers the functionality of the Program for its normal use and the Program's conformity to its Specifications.

Limitation of Liability (Section 5):

The following paragraph is added to the Section:

The limitations and exclusions specified in the Agreement will not apply to damages caused by IBM with fraud or gross negligence, and for express warranty.

In item 2, replace "U.S. $100,000" with "EUR 500,000".

The following sentence is added to the end of item 2 of the first paragraph:

IBM's liability under this item is limited to the violation of essential contractual terms in cases of ordinary negligence.

INDIA:

Limitation of Liability (Section 5):

The following replaces items 1 and 2 in the first paragraph:

1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by you for the individual Program that is the subject of the claim.

General (Section 6):

The following replaces the fourth paragraph of this Section:

If no suit or other legal action is brought, within two years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.

IRELAND:

Limited Warranty (Section 4):

The following paragraph is added to this Section:

Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.

Limitation of Liability (Section 5):

The following replaces items 1 and 2 in the first paragraph of this Section:

1) death or personal injury or physical damage to your real property solely caused by IBM's negligence; and 2) the amount of any other actual direct damages, up to the greater of EUR 100,000 in respect of Programs or 125 percent of the charges for the Program that is the subject of the claim or which otherwise gives rise to the claim.

The following paragraph is added at the end of this Section:

IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any default will be limited to damages.

ITALY:

Limitation of Liability (Section 5):

The following replaces the second sentence in the first paragraph:

In each such instance unless otherwise provided by mandatory law, IBM is liable for no more than damages for bodily injury (including death) and damage to real property and tangible personal property and 2) as to any other actual damage arising in all situations involving non-performance by IBM pursuant to, or in any way related to the subject matter of this Agreement, IBM's liability, will be limited to the total amount you paid for the Program that is the subject of the claim.

NEW ZEALAND:

Limited Warranty (Section 4):

The following paragraph is added to this Section:

The warranties specified in this Section are in addition to any rights you may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which IBM provides, if you require the goods or services for the purposes of a business as defined in that Act.

Limitation of Liability (Section 5):

The following paragraph is added to this Section:

Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

PEOPLE'S REPUBLIC OF CHINA:

Charges (Section 3):

The following paragraph is added to the Section:

All banking charges incurred in the People's Republic of China will be borne by you and those incurred outside the People's Republic of China will be borne by IBM.

UNITED KINGDOM:

Limitation of Liability (Section 5):

The following replaces items 1 and 2 in the first paragraph of this Section:

1) death or personal injury or physical damage to your real property solely caused by IBM's negligence; 2) the amount of any other actual direct damages, up to the greater of Pounds Sterling 75,000 in respect of Programs or 125 percent of the charges for the Program that is the subject of the claim or which otherwise gives rise to the claim.

The following item is added:

3) breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.

The following paragraph is added at the end of this Section:

IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any default will be limited to damages.

Z125-3301-10 12/01 (Euro)

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HMC License Information

The Program listed below is licensed under the following terms and conditions in addition to those of the International Program License Agreement.

Program Name: IBM Hardware Management Console for pSeries
Program Number: 5639-N47
Guarantee: None
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: One year from date of purchase of IBM Hardware Management Console for pSeries
Y2K Readiness: 1

Explanation of terms:

Authorization for Use on Home/Portable Computer:

"1" means that the Program may be stored on the primary machine and another machine, provided that the Program is not in active use on both machines at the same time.

"2" means that you may not copy and use this Program on another computer without paying additional license fees.

Program Services End Date:

The program is warranted and program services will be available until the end date specified above.

Year 2000 Readiness:

"1" means that this Program does not have date dependencies and is therefore Year 2000 ready.

"2" means that this Program, when used in accordance with its associated documentation, is capable of correctly processing, providing and / or receiving date data within and between the twentieth and twenty-first centuries, provided that all products (for example, hardware, software, and firmware) used with this IBM Program properly exchange accurate date data with it.

Specified Operating Environment

The Program Specifications and Specified Operating Environment information may be found in documentation accompanying the Program such as the Installation / Users Guide.

Program-unique Terms

This program is licensed solely for use on the Hardware Management Console for pSeries on which it was originally preloaded and shipped by IBM, and may be used solely for the purpose of utilizing the Hardware Management Console for pSeries to manage IBM eServer pSeries within the Specified Operating Environment for the Hardware Management Console. Notwithstanding any contrary terms in the Part 1 - General Terms of the IBM International Program License Agreement, this Program may not be installed on any other computer, and you may not transfer this Program except in conjunction with the transfer of the Hardware Management Console for pSeries on which the Program was originally installed.

The Specified Operating Environment for the Program is limited to the unmodified version of the Program as originally preloaded on the Hardware Management Console for pSeries and shipped by IBM. IBM's warranty to the Program is limited to its use in this operating environment, and by any other restrictions or requirements for the Specified Operating Environment that may be found in documentation accompanying the Program. Modification of the Program installed on the Hardware System console by removing portions of it, or by installing any additional program onto it (including but not limited to programs that may be shipped on separate media with the Hardware Management Console for pSeries) will void IBM's warranty, unless the modification is a maintenance update or patch provided by IBM and authorized for installation on the Hardware System Console.

With respect to any open source or other third-party program that may be included on media shipped with the Program under a third-party license that grants you broader rights than those specified above, the following applies to your use of such programs:

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING SUCH PROGRAMS, OR TECHNICAL SUPPORT FOR SUCH PROGRAMS, IF ANY.

The Program may contain cryptography for data which is subject to special export licensing requirements of the US Department of Commerce or other countries. Refer to the Program documentation or consult your IBM representative for details on the available level of encryption. You are hereby notified that use by, or transfer to, users in different countries of the same Program may be prohibited or subject to special import laws, regulations, or policies from the user's national government or special export lasts, regulations, or policies from your national government. You assume all responsibility for ensuring that the Program is used or transferred in accordance with all applicable import and export laws, regulations, and policies.

U.S. Government Users Restricted Rights

U.S. Government Users Restricted Rights - Use, duplication, or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.

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Addendum for Linux and Other Open Source Programs

These terms replace those in Section 1 and are in addition to those of the remaining sections of the IBM International Program License Agreement. If there is a conflict among terms, those of this Addendum prevail. You accept these terms and the terms in the Agreement by using the Program.

The Linux and other open source Program(s) that were packaged with, or preloaded onto, your IBM computer system are distributed by Caldera Inc., Red Hat Inc., SuSE GMBH, TurboLinux Inc., or other distributors of open source Programs. IBM is not a distributor of Linux or other open source Programs, but is merely a conduit through which these companies distribute open source Programs. Linux and other open source Programs are licensed to you by their distributor. You receive no express or implied patent or other license from IBM with respect to Linux and other open source Programs.

CIMOM is an open source program licensed to you by Storage Networking Industry Association (SNIA) under the terms of the SNIA Open Source License found at http://www.snia.org/English/Resources/Code/OpenSource.html. The text of the license reads as follows:

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:

           (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

/http://www.snia.org/English/Resources/Code/OpenSource.html

           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.

----------------------------
Additional licenses for Linux and other open source programs included in this software package can be found on the media containing such programs.