OFED+ End User Software License Agreement

Important: READ CAREFULLY BEFORE CLICKING ON THE “I ACCEPT” BUTTON, INSTALLING THIS SOFTWARE OR ENTERING A LICENSE KEY
THIS PRODUCT CONTAINS COMPUTER CODE/FIRMWARE CODE AND RELATED DOCUMENTATION (“SOFTWARE”) THAT BELONG TO QLOGIC CORPORATION. (“QLOGIC”), THE USE OF WHICH IS SUBJECT TO THIS  Open Fabric Enterprise Distribution, or  OFED+, END USER SOFTWARE LICENSE AGREEMENT (“AGREEMENT”).  CLICKING ON THE “I ACCEPT” BUTTON BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES ACCEPTANCE BY LICENSEE (“LICENSEE” MEANS YOU OR THE BUSINESS ENTITY ON WHOSE BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE.  WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.

1. License Grant.Subject to the terms and conditions of this Agreement, QLogic grants Licensee a limited, non-transferable, non-sublicensable, non-exclusive license to install, download and/or use the Software (in object code form only) with authorized QLogic products obtained by the Licensee from authorized QLogic distributors or resellers, or QLogic OEMs.  No rights or licenses in the Software are granted to Licensee other than those rights expressly granted in this Agreement.  Nothing in this License entitles Licensee to any upgrades or updates to, or future releases of, the Software.
2. Permitted Use. Licensee may only install and use the Software in accordance with the documentation provided with the Software with QLogic products purchased from a QLogic authorized source. For each Software license purchased by Licensee, Licensee is granted the right to use the Software on one host system.
3. Intellectual Property Rights.The Software contains or embodies intellectual property of QLogic (or any of its licensors). The structure, organization or code are valuable trade secrets of QLogic (or its licensors). QLogic and/or its licensors do not grant, convey or license to Licensee any rights under any patents, copyrights, trademarks or any other intellectual property except as specifically granted herein. The Software is protected under U.S. copyright laws, international treaty provisions and applicable laws (including patent laws, if applicable) of the country in which it is being used. Any unauthorized duplication of the Software is expressly forbidden.
4. Ownership of Software.Notwithstanding anything to the contrary, QLogic and its licensors retain all title to and, except as expressly and unambiguously licensed herein, all rights and interest in (i) the Software, all copies and derivative works thereof (by whomever produced), and (ii) all copyright rights, patent rights, trade secret rights, moral rights and all other intellectual property and proprietary rights anywhere in the world in the Software.  The Software is only licensed to Licensee and is not sold.
5. Restrictions and Cooperation.Licensee shall not (and shall not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or underlying ideas or algorithms of the Software (except to the extent expressly permitted under applicable law); (ii) provide, lease, lend, use for timesharing or otherwise use or allow others to use the Software to or for the benefit of third parties; (iii) except as specified in the applicable user documentation, modify, incorporate into or with other hardware or software, or create a derivative work of any part of the Software; (iv) disseminate performance information or analysis from any source relating to the Software; (v) make any copies of the Software except as required to use the Software as licensed hereunder, except for one (1) copy solely for archival and back-up purposes,  or (vi) remove any product identification, copyright notice or other proprietary legend from the Software.  Licensee agrees to cooperate with QLogic and its licensors in connection with their efforts to protect their copyright/patent rights and other legal rights in the Software.  QLogic may, from time to time, implement additional security measures for the Software, and Licensee shall cooperate with such measures and be responsible for installing upgrades that include such measures.
6. Third Party Code.Licensee is aware that the licensed Software interfaces with other third party libraries/components/applications/user interface/utilities (collectively referred to as “Third Party Code”).  Exhibit “A” provides the licensing requirements for Third Party Code. It is your responsibility to comply with Third Party Code restrictions and licensing requirements.
7. Further Obligations.Licensee shall defend, indemnify and hold QLogic harmless from and against any and all claims, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees) arising out of Licensee’s breach of its obligations under this Agreement.
8. Term and Termination.This Agreement will become effective on the date Licensee clicks on the “I Accept” button below or otherwise uses the Software and will remain in force until terminated.  Licensee may terminate this Agreement at any time, and QLogic may terminate this Agreement if Licensee breaches any of the terms or conditions hereunder.  Licensee agrees to destroy or return to QLogic the original and all copies of the Software immediately upon any termination of this Agreement.
9. Confidentiality.Licensee acknowledges that the Software contains valuable trade secrets of QLogic and other information proprietary to QLogic and its licensors.  Licensee shall: (i) keep confidential such trade secrets and proprietary information, including without limitation all information concerning ideas and algorithms related to the Software, (ii) disclose such information only to its employees and agents to the extent required to use the Software under the terms of this Agreement and (iii) bind its employees, consultants, agents and other third parties in writing to maintain the confidentiality of such trade secrets and proprietary information and not use or disclose such information except as permitted in this Agreement.
10. Limited Warranty and Disclaimer.THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  QLOGIC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR RESULTS. 
11. Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST SAVINGS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  QLOGIC IS NOT RESPONSIBLE IN ANY WAY FOR USE OF THE THIRD PARTY SOFTWARE. LICENSEES’S USE OF THE THIRD PARTY SOFTWARE IS AT THEIR OWN RISK.
12. Export. Licensee represents, warrants and agrees that it will not, directly or indirectly, export, re-export or transmit the Software or any part thereof to any country in which such export, re-export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent of both QLogic and, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
13. Miscellaneous. A party’s failure to exercise or its delay in exercising any rights hereunder will not be deemed to be a waiver of such right.  If any provision of this Agreement shall be held by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement shall be construed pursuant to the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Authority for the International Sale of Goods.  Licensee irrevocably submits to the jurisdiction of any state or federal court sitting in the State of California, United States of America, and consents to venue in such forum with respect to any action or proceeding that relates to this Agreement.  No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized officer of QLogic.  The provisions of Sections 3-12 shall survive termination of this Agreement.  This Agreement is in the English language only, which language shall be controlling and any revision of this Agreement in any other language shall not be binding.  Licensee shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of QLogic. Any purported assignment agreements in violation of this Section shall be null, void and of no effect.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assignees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.  NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.

EXHIBIT “A”
The following provides the licensing requirements for Third Party Code (as referenced in Section 6 of this Agreement). 

 
MPICH1 COPYRIGHT
COPYRIGHT
The following is a notice of limited availability of the code, and disclaimer which must be included in the prologue of the code and in all source listingsof the code.

Copyright Notice
+ 1993 University of Chicago
+ 1993 Mississippi State University
Permission is hereby granted to use, reproduce, prepare derivative works, and to redistribute to others. This software was authored by:
Argonne National Laboratory Group
W. Gropp: (630) 252-4318; FAX: (630) 252-5986; e-mail: gropp@mcs.anl.gov
E. Lusk:  (630) 252-7852; FAX: (630) 252-5986; e-mail: lusk@mcs.anl.gov
Mathematics and Computer Science Division
Argonne National Laboratory, Argonne IL 60439

Mississippi State Group
N. Doss:  (601) 325-2565; FAX: (601) 325-7692; e-mail: doss@erc.msstate.edu
A. Skjellum:(601) 325-8435; FAX: (601) 325-8997; e-mail: tony@erc.msstate.edu
Mississippi State University, Computer Science Department &
 NSF Engineering Research Center for Computational Field Simulation P.O. Box 6176, Mississippi State MS 39762

GOVERNMENT LICENSE
Portions of this material resulted from work developed under a U.S.
Government Contract and are subject to the following license: the Government
is granted for itself and others acting on its behalf a paid-up, nonexclusive,
irrevocable worldwide license in this computer software to reproduce, prepare derivative works, and perform publicly and display publicly.

DISCLAIMER
This computer code material was prepared, in part, as an account of work
sponsored by an agency of the United States Government.  Neither the United
States, nor the University of Chicago, nor Mississippi State University, nor
any of their employees, makes any warranty express or implied, or assumes any
legal liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

MPICH 2 COPYRIGHT AND MVICH LICENSE
COPYRIGHT
The following is a notice of limited availability of the code, and disclaimer
which must be included in the prologue of the code and in all source listings of the code.

Copyright Notice
+ 2002 University of Chicago

Permission is hereby granted to use, reproduce, prepare derivative works, and
to redistribute to others. This software was authored by:

Argonne National Laboratory Group
W. Gropp: (630) 252-4318; FAX: (630) 252-5986; e-mail: gropp@mcs.anl.gov
E. Lusk:  (630) 252-7852; FAX: (630) 252-5986; e-mail: lusk@mcs.anl.gov
Mathematics and Computer Science Division Argonne National Laboratory, Argonne IL 60439

GOVERNMENT LICENSE
Portions of this material resulted from work developed under a U.S. Government Contract and are subject to the following license: the Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable worldwide license in this computer software to reproduce, prepare derivative works, and perform publicly and display publicly.
DISCLAIMER
This computer code material was prepared, in part, as an account of work sponsored by an agency of the United States Government. Neither the United States, nor the University of Chicago, nor any of their employees, makes any warranty express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
---------------------------
MVICH License Agreement
August 2004

MVICH Copyright (c) 1998-2000, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from U.S. Dept. of Energy). All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
(1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MVAPICH0.92 COPYRIGHT AND MVAPICH0.94
COPYRIGHT

The MVAPICH, MIBAPICH, and MVAPICH2 softwares are developed by The Ohio State University's Network-Based Computing Laboratory (NBCL) headed by Professor Dhabaleswar K. (DK) Panda.
Copyright (c) 2002-2003, The Ohio State University. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met :
# Redistributions of source code must retain the above copyright notice, this list of conditions and the disclaimer below.
# Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
# Neither the name of The Ohio State University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
# Modifications to the above softwares MUST be provided to the Network-Based Computing Laboratory at The Ohio State University in electronic form by sending an e-mail to mvapich_request AT cis.ohio-state.edu, and The Ohio State University may make such modifications publicly available under the terms of this license.
# If you are presenting or publishing any results/performance numbers, demonstrating any system, or having any press release based on systems running MVAPICH, MIBAPICH, or MVAPICH2 and/or their modified versions, you MUST acknowledge the contributions by the Network-Based Computing Laboratory at The Ohio State University headed by Prof. Dhabaleswar K. (DK) Panda and their relevant publication (s) in your presentation/publication/demo/press release.

THIS SOFTWARE IS PROVIDED BY THE OHIO STATE UNIVERSITY AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OHIO STATE UNIVERSITY OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-------------------------
COPYRIGHT_MVAPICH
Copyright (c) 2002-2004, The Ohio State University. All rights
reserved.

The MVAPICH software package is developed by the team members of The Ohio State University's Network-Based Computing Laboratory (NBCL), headed by Professor Dhabaleswar K. (DK) Panda .

Contact:
Prof. Dhabaleswar K. (DK) Panda
Dept. of Computer Science and Engineering
The Ohio State University
2015 Neil Avenue
Columbus, OH - 43210-1277
Tel: (614)-292-5199; Fax: (614)-292-2911
E-mail:panda@cse.ohio-state.edu

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met :
(1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer .
(2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
(3) Neither the name of The Ohio State University nor the names of their contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MELLANOX LICENSE OPENIB

This software is available to you under a choice of one of two licenses. You may choose to be licensed under the terms of the GNU General Public License (GPL) Version 2, available at http://www.fsf.org/copyleft/gpl.html, or the OpenIB.org BSD license, available in the LICENSE_BSD file accompanying this software. These details are also available at http://openib.org/license.html.

  THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Copyright (c) 2004 Mellanox Technologies Ltd.  All rights reserved.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

1. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
2. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
3. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

1. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
2. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
3. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License.

OPENIB BSD

OpenIB.org BSD license:

  Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

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