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  1. SGI FREE SOFTWARE LICENSE B
  2. (Version 1.0 1/25/2000)
  3. 1. Definitions.
  4. 1.1 "Additional Notice Provisions" means such additional provisions as appear
  5. in the Notice in Original Code under the heading "Additional Notice Provisions."
  6. 1.2 "API" means an application programming interface established by SGI in
  7. conjunction with the Original Code.
  8. 1.3 "Covered Code" means the Original Code or Modifications or the combination
  9. of the Original Code and Modifications, in each case including portions thereof.
  10. 1.4 "Hardware" means any physical device that accepts input, processes input,
  11. stores the results of processing, and/or provides output.
  12. 1.5 "Larger Work" means a work which combines Covered Code or portions thereof
  13. with code not governed by the terms of this License.
  14. 1.6 "Licensable" means having the right to grant, to the maximum extent possible,
  15. whether at the time of the initial grant or subsequently acquired, any and
  16. all of the rights conveyed herein.
  17. 1.7 "License" means this document.
  18. 1.8 "Modifications" means any addition to the substance or structure of the
  19. Original Code and/or any addition to or deletion from previous Modifications.
  20. When Covered Code is released as a series of files, a Modification is:
  21. A. Any addition to the contents of a file containing Original Code and/or
  22. any addition to or deletion from previous Modifications.
  23. B. Any new file that contains any part of the Original Code or previous Modifications.
  24. 1.9 "Notice" means any notice in Original Code or Covered Code, as required
  25. by and in compliance with this License.
  26. 1.10 "Original Code" means source code of computer software code which is
  27. described in the source code Notice required by Exhibit A as Original Code,
  28. and updates and error corrections specifically thereto.
  29. 1.11 "Recipient" means an individual or a legal entity exercising rights under,
  30. and complying with all of the terms of, this License or a future version of
  31. this License issued under Section 8. For legal entities, "Recipient" includes
  32. any entity which controls, is controlled by, or is under common control with
  33. Recipient. For purposes of this definition, "control" of an entity means (a)
  34. the power, direct or indirect, to direct or manage such entity, or (b) ownership
  35. of fifty percent (50%) or more of the outstanding shares or beneficial ownership
  36. of such entity.
  37. 1.12 SGI" means Silicon Graphics, Inc.
  38. 2. License Grant and Restrictions.
  39. 2.1 License Grant. Subject to the provisions of this License and any third
  40. party intellectual property claims, for the duration of intellectual property
  41. protections inherent in the Original Code, SGI hereby grants Recipient a worldwide,
  42. royalty-free, non-exclusive license, to do the following: (i) under copyrights
  43. Licensable by SGI, to reproduce, distribute, create derivative works from,
  44. and, to the extent applicable, display and perform the Original Code alone
  45. and/or as part of a Larger Work; and (ii) under any patent claims Licensable
  46. by SGI and embodied in the Original Code, to make, have made, use, practice,
  47. sell, and offer for sale, and/or otherwise dispose of the Original Code. Recipient
  48. accepts the terms and conditions of this License by undertaking any of the
  49. aforementioned actions.
  50. 2.2 Restriction on Patent License. Notwithstanding the provisions of Section
  51. 2.1(ii), no patent license is granted: 1) separate from the Original Code;
  52. nor 2) for infringements caused by (i) modification of the Original Code,
  53. or (ii) the combination of the Original Code with other software or Hardware.
  54. 2.3 No License For Hardware Implementations. The licenses granted in Section
  55. 2.1 are not applicable to implementation in Hardware of the algorithms embodied
  56. in the Original Code.
  57. 2.4 Modifications License and API Compliance. Modifications are only licensed
  58. under Section 2.1(i) to the extent such Modifications are fully compliant
  59. with any API as may be identified in Additional Notice Provisions as appear
  60. in the Original Code.
  61. 3. Redistributions.
  62. A. Retention of Notice/Copy of License. The Notice set forth in Exhibit A,
  63. below, must be conspicuously retained or included in any and all redistributions
  64. of Covered Code. For distributions of the Covered Code in source code form,
  65. the Notice must appear in every file that can include a text comments field;
  66. in executable form, the Notice and a copy of this License must appear in related
  67. documentation or collateral where the Recipient's rights relating to Covered
  68. Code are described. Any Additional Notice Provisions which actually appears
  69. in the Original Code must also be retained or included in any and all redistributions
  70. of Covered Code.
  71. B. Alternative License. Provided that Recipient is in compliance with the
  72. terms of this License, Recipient may distribute the source code and/or executable
  73. version(s) of Covered Code under (1) this License; (2) a license identical
  74. to this License but for only such changes as are necessary in order to clarify
  75. Recipient's role as licensor of Modifications, without derogation of any of
  76. SGI's rights; and/or (3) a license of Recipient's choosing, containing terms
  77. different from this License, provided that the license terms include this
  78. Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified
  79. or superseded by any other terms of such license. If Recipient elects to use
  80. any license other than this License, Recipient must make it absolutely clear
  81. that any of its terms which differ from this License are offered by Recipient
  82. alone, and not by SGI.
  83. C. Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred
  84. by SGI as a result of any such alternative license terms Recipient offers.
  85. 4. Termination. This License and the rights granted hereunder will terminate
  86. automatically if Recipient breaches any term herein and fails to cure such
  87. breach within 30 days thereof. Any sublicense to the Covered Code that is
  88. properly granted shall survive any termination of this License, absent termination
  89. by the terms of such sublicense. Provisions that, by their nature, must remain
  90. in effect beyond the termination of this License, shall survive.
  91. 5. No Trademark Or Other Rights. This License does not grant any rights to:
  92. (i) any software apart from the Covered Code, nor shall any other rights or
  93. licenses not expressly granted hereunder arise by implication, estoppel or
  94. otherwise with respect to the Covered Code; (ii) any trade name, trademark
  95. or service mark whatsoever, including without limitation any related right
  96. for purposes of endorsement or promotion of products derived from the Covered
  97. Code, without prior written permission of SGI; or (iii) any title to or ownership
  98. of the Original Code, which shall at all times remains with SGI. All rights
  99. in the Original Code not expressly granted under this License are reserved.
  100. 6. Compliance with Laws; Non-Infringement. Recipient hereby assures that it
  101. shall comply with all applicable laws, regulations, and executive orders,
  102. in connection with any and all dispositions of Covered Code, including but
  103. not limited to, all export, re-export, and import control laws, regulations,
  104. and executive orders, of the U.S. government and other countries. Recipient
  105. may not distribute Covered Code that (i) in any way infringes (directly or
  106. contributorily) the rights (including patent, copyright, trade secret, trademark
  107. or other intellectual property rights of any kind) of any other person or
  108. entity or (ii) breaches any representation or warranty, express, implied or
  109. statutory, to which, under any applicable law, it might be deemed to have
  110. been subject.
  111. 7. Claims of Infringement. If Recipient learns of any third party claim that
  112. any disposition of Covered Code and/or functionality wholly or partially infringes
  113. the third party's intellectual property rights, Recipient will promptly notify
  114. SGI of such claim.
  115. 8. Versions of the License. SGI may publish revised and/or new versions of
  116. the License from time to time, each with a distinguishing version number.
  117. Once Covered Code has been published under a particular version of the License,
  118. Recipient may, for the duration of the license, continue to use it under the
  119. terms of that version, or choose to use such Covered Code under the terms
  120. of any subsequent version published by SGI. Subject to the provisions of Sections
  121. 3 and 4 of this License, only SGI may modify the terms applicable to Covered
  122. Code created under this License.
  123. 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND
  124. IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION,
  125. ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
  126. FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK
  127. AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE
  128. DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING,
  129. REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF
  130. THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT
  131. TO THIS DISCLAIMER.
  132. 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER
  133. TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT,
  134. OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT,
  135. SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
  136. WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA,
  137. COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
  138. LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
  139. SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
  140. DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE
  141. LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
  142. OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
  143. LIMITATION MAY NOT APPLY TO RECIPIENT.
  144. 11. Indemnity. Recipient shall be solely responsible for damages arising,
  145. directly or indirectly, out of its utilization of rights under this License.
  146. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.
  147. from and against any loss, liability, damages, costs or expenses (including
  148. the payment of reasonable attorneys fees) arising out of Recipient's use,
  149. modification, reproduction and distribution of the Covered Code or out of
  150. any representation or warranty made by Recipient.
  151. 12. U.S. Government End Users. The Covered Code is a "commercial item" consisting
  152. of "commercial computer software" as such terms are defined in title 48 of
  153. the Code of Federal Regulations and all U.S. Government End Users acquire
  154. only the rights set forth in this License and are subject to the terms of
  155. this License.
  156. 13. Miscellaneous. This License represents the complete agreement concerning
  157. the its subject matter. If any provision of this License is held to be unenforceable,
  158. such provision shall be reformed so as to achieve as nearly as possible the
  159. same legal and economic effect as the original provision and the remainder
  160. of this License will remain in effect. This License shall be governed by and
  161. construed in accordance with the laws of the United States and the State of
  162. California as applied to agreements entered into and to be performed entirely
  163. within California between California residents. Any litigation relating to
  164. this License shall be subject to the exclusive jurisdiction of the Federal
  165. Courts of the Northern District of California (or, absent subject matter jurisdiction
  166. in such courts, the courts of the State of California), with venue lying exclusively
  167. in Santa Clara County, California, with the losing party responsible for costs,
  168. including without limitation, court costs and reasonable attorneys fees and
  169. expenses. The application of the United Nations Convention on Contracts for
  170. the International Sale of Goods is expressly excluded. Any law or regulation
  171. which provides that the language of a contract shall be construed against
  172. the drafter shall not apply to this License. Exhibit A
  173. License Applicability. Except to the extent portions of this file are made
  174. subject to an alternative license as permitted in the SGI Free Software License
  175. B, Version 1.0 (the "License"), the contents of this file are subject only
  176. to the provisions of the License. You may not use this file except in compliance
  177. with the License. You may obtain a copy of the License at Silicon Graphics,
  178. Inc., attn: Legal Services, 1600 Ampitheatre Parkway, Mountain View, CA 94043-1351,
  179. or at:
  180. http://oss.sgi.com/projects/FreeB
  181. Note that, as provided in the License, the Software is distributed on an "AS
  182. IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED,
  183. INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
  184. SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  185. Original Code. The Original Code is: [ name of software , version number ,
  186. and release date ] , developed by Silicon Graphics, Inc. The Original Code
  187. is Copyright (c) [ dates of first publication, as appearing in the Notice
  188. in the Original Code ] Silicon Graphics, Inc. Copyright in any portions created
  189. by third parties is as indicated elsewhere herein. All Rights Reserved.
  190. Additional Notice Provisions: [ such additional provisions, if any, as appear
  191. in the Notice in the Original Code under the heading "Additional Notice Provisions"
  192. ]
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