Brocade Communications Systems 53-1001778-01 Inability to Comply DUE to Statute or Regulation

A Sun Industry Standards Source License

You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients' rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer.

3.4 Larger Works.

You may create a Larger Work by combining Original 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 Original Code.

4.0 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 Original 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 3.2 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.

5.0 APPLICATION OF THIS LICENSE

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1.

6.0VERSIONS OF THE LICENSE

6.1New Versions.

Initial Developer 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 Original 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 Original Code under the terms of any subsequent version of the License published by Initial Developer. No one other than Initial Developer has the right to modify the terms applicable to Original Code.

7.0 DISCLAIMER OF WARRANTY

ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

60	Brocade SMI Agent User’s Guide
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