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- SGI FREE SOFTWARE LICENSE B
-
- (Version 1.1 02/22/2000)
-
- 1. Definitions.
-
- 1.1 "Additional Notice Provisions" means such additional provisions as appear
- in the Notice in Original Code under the heading "Additional Notice Provisions."
-
- 1.2 "Covered Code" means the Original Code or Modifications, or any combination
- thereof.
-
- 1.3 "Hardware" means any physical device that accepts input, processes input,
- stores the results of processing, and/or provides output.
-
- 1.4 "Larger Work" means a work that combines Covered Code or portions thereof
- with code not governed by the terms of this License.
-
- 1.5 "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.
-
- 1.6 "License" means this document.
-
- 1.7 "Licensed Patents" means patent claims Licensable by SGI that are infringed
- by the use or sale of Original Code or any Modifications provided by SGI,
- or any combination thereof.
-
- 1.8 "Modifications" means any addition to or deletion from the substance or
- structure of the Original Code or any previous Modifications. When Covered
- Code is released as a series of files, a Modification is:
-
- A. Any addition to the contents of a file containing Original Code and/or
- addition to or deletion from the contents of a file containing previous Modifications.
-
- B. Any new file that contains any part of the Original Code or previous Modifications.
-
- 1.9 "Notice" means any notice in Original Code or Covered Code, as required
- by and in compliance with this License.
-
- 1.10 "Original Code" means source code of computer software code that is described
- in the source code Notice required by Exhibit A as Original Code, and updates
- and error corrections specifically thereto.
-
- 1.11 "Recipient" 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 8. For legal entities, "Recipient" includes
- any entity that controls, is controlled by, or is under common control with
- Recipient. For purposes of this definition, "control" of an entity means (a)
- the power, direct or indirect, to direct or manage such entity, or (b) ownership
- of fifty percent (50%) or more of the outstanding shares or beneficial ownership
- of such entity.
-
- 1.12 "Recipient Patents" means patent claims Licensable by a Recipient that
- are infringed by the use or sale of Original Code or any Modifications provided
- by SGI, or any combination thereof.
-
- 1.13 "SGI" means Silicon Graphics, Inc.
-
- 1.14 "SGI Patents" means patent claims Licensable by SGI other than the Licensed
- Patents.
-
- 2. License Grant and Restrictions.
-
- 2.1 SGI License Grant. Subject to the terms of this License and any third
- party intellectual property claims, for the duration of intellectual property
- protections inherent in the Original Code, SGI hereby grants Recipient a worldwide,
- royalty-free, non-exclusive license, to do the following: (i) under copyrights
- Licensable by SGI, to reproduce, distribute, create derivative works from,
- and, to the extent applicable, display and perform the Original Code and/or
- any Modifications provided by SGI alone and/or as part of a Larger Work; and
- (ii) under any Licensable Patents, to make, have made, use, sell, offer for
- sale, import and/or otherwise transfer the Original Code and/or any Modifications
- provided by SGI. Recipient accepts the terms and conditions of this License
- by undertaking any of the aforementioned actions. The patent license shall
- apply to the Covered Code if, at the time any related Modification is added,
- such addition of the Modification causes such combination to be covered by
- the Licensed Patents. The patent license in Section 2.1(ii) shall not apply
- to any other combinations that include the Modification. No patent license
- is provided under SGI Patents for infringements of SGI Patents by Modifications
- not provided by SGI or combinations of Original Code and Modifications not
- provided by SGI.
-
- 2.2 Recipient License Grant. Subject to the terms of this License and any
- third party intellectual property claims, Recipient hereby grants SGI and
- any other Recipients a worldwide, royalty-free, non-exclusive license, under
- any Recipient Patents, to make, have made, use, sell, offer for sale, import
- and/or otherwise transfer the Original Code and/or any Modifications provided
- by SGI.
-
- 2.3 No License For Hardware Implementations. The licenses granted in Section
- 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms
- embodied in the Original Code or any Modifications provided by SGI .
-
- 3. Redistributions.
-
- 3.1 Retention of Notice/Copy of License. The Notice set forth in Exhibit A,
- below, must be conspicuously retained or included in any and all redistributions
- of Covered Code. For distributions of the Covered Code in source code form,
- the Notice must appear in every file that can include a text comments field;
- in executable form, the Notice and a copy of this License must appear in related
- documentation or collateral where the Recipient's rights relating to Covered
- Code are described. Any Additional Notice Provisions which actually appears
- in the Original Code must also be retained or included in any and all redistributions
- of Covered Code.
-
- 3.2 Alternative License. Provided that Recipient is in compliance with the
- terms of this License, Recipient may, so long as without derogation of any
- of SGI's rights in and to the Original Code, distribute the source code and/or
- executable version(s) of Covered Code under (1) this License; (2) a license
- identical to this License but for only such changes as are necessary in order
- to clarify Recipient's role as licensor of Modifications; and/or (3) a license
- of Recipient's choosing, containing terms different from this License, provided
- that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12,
- and 13, which terms may not be modified or superseded by any other terms of
- such license. If Recipient elects to use any license other than this License,
- Recipient must make it absolutely clear that any of its terms which differ
- from this License are offered by Recipient alone, and not by SGI. It is emphasized
- that this License is a limited license, and, regardless of the license form
- employed by Recipient in accordance with this Section 3.2, Recipient may relicense
- only such rights, in Original Code and Modifications by SGI, as it has actually
- been granted by SGI in this License.
-
- 3.3 Indemnity. Recipient hereby agrees to indemnify SGI for any liability
- incurred by SGI as a result of any such alternative license terms Recipient
- offers.
-
- 4. Termination. This License and the rights granted hereunder will terminate
- automatically if Recipient breaches any term herein and fails to cure such
- breach within 30 days thereof. Any sublicense to the Covered Code that is
- properly granted shall survive any termination of this License, absent termination
- by the terms of such sublicense. Provisions that, by their nature, must remain
- in effect beyond the termination of this License, shall survive.
-
- 5. No Trademark Or Other Rights. This License does not grant any rights to:
- (i) any software apart from the Covered Code, nor shall any other rights or
- licenses not expressly granted hereunder arise by implication, estoppel or
- otherwise with respect to the Covered Code; (ii) any trade name, trademark
- or service mark whatsoever, including without limitation any related right
- for purposes of endorsement or promotion of products derived from the Covered
- Code, without prior written permission of SGI; or (iii) any title to or ownership
- of the Original Code, which shall at all times remains with SGI. All rights
- in the Original Code not expressly granted under this License are reserved.
-
- 6. Compliance with Laws; Non-Infringement. There are various worldwide laws,
- regulations, and executive orders applicable to dispositions of Covered Code,
- including without limitation export, re-export, and import control laws, regulations,
- and executive orders, of the U.S. government and other countries, and Recipient
- is reminded it is obliged to obey such laws, regulations, and executive orders.
- Recipient may not distribute Covered Code that (i) in any way infringes (directly
- or contributorily) any intellectual property rights of any kind of any other
- person or entity or (ii) breaches any representation or warranty, express,
- implied or statutory, to which, under any applicable law, it might be deemed
- to have been subject.
-
- 7. Claims of Infringement. If Recipient learns of any third party claim that
- any disposition of Covered Code and/or functionality wholly or partially infringes
- the third party's intellectual property rights, Recipient will promptly notify
- SGI of such claim.
-
- 8. Versions of the License. SGI may publish revised and/or new versions of
- the License from time to time, each with a distinguishing version number.
- Once Covered Code has been published under a particular version of the License,
- Recipient may, for the duration of the license, continue to use it under the
- terms of that version, or choose to use such Covered Code under the terms
- of any subsequent version published by SGI. Subject to the provisions of Sections
- 3 and 4 of this License, only SGI may modify the terms applicable to Covered
- Code created under this License.
-
- 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND
- IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION,
- ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
- FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK
- AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE
- DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING,
- REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF
- THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT
- TO THIS DISCLAIMER.
-
- 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER
- TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT,
- OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT,
- SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
- WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA,
- 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 SGI'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 THAT EXCLUSION AND
- LIMITATION MAY NOT APPLY TO RECIPIENT.
-
- 11. Indemnity. Recipient shall be solely responsible for damages arising,
- directly or indirectly, out of its utilization of rights under this License.
- Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.
- from and against any loss, liability, damages, costs or expenses (including
- the payment of reasonable attorneys fees) arising out of Recipient's use,
- modification, reproduction and distribution of the Covered Code or out of
- any representation or warranty made by Recipient.
-
- 12. U.S. Government End Users. The Covered Code is a "commercial item" consisting
- of "commercial computer software" as such terms are defined in title 48 of
- the Code of Federal Regulations and all U.S. Government End Users acquire
- only the rights set forth in this License and are subject to the terms of
- this License.
-
- 13. Miscellaneous. This License represents the complete agreement concerning
- the its subject matter. If any provision of this License is held to be unenforceable,
- such provision shall be reformed so as to achieve as nearly as possible the
- same legal and economic effect as the original provision and the remainder
- of this License will remain in effect. This License shall be governed by and
- construed in accordance with the laws of the United States and the State of
- California as applied to agreements entered into and to be performed entirely
- within California between California residents. Any litigation relating to
- this License shall be subject to the exclusive jurisdiction of the Federal
- Courts of the Northern District of California (or, absent subject matter jurisdiction
- in such courts, the courts of the State of California), with venue lying exclusively
- in Santa Clara County, California, with the losing party responsible for costs,
- including without limitation, court costs and reasonable attorneys fees and
- expenses. The application of the United Nations Convention on Contracts for
- the International Sale of Goods is expressly excluded. Any law or regulation
- that provides that the language of a contract shall be construed against the
- drafter shall not apply to this License. Exhibit A
-
- License Applicability. Except to the extent portions of this file are made
- subject to an alternative license as permitted in the SGI Free Software License
- B, Version 1.1 (the "License"), the contents of this file are subject only
- to the provisions of the License. You may not use this file except in compliance
- with the License. You may obtain a copy of the License at Silicon Graphics,
- Inc., attn: Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351,
- or at:
-
- http://oss.sgi.com/projects/FreeB
-
- Note that, as provided in the License, the Software is distributed on an "AS
- IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED,
- INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
- SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
-
- Original Code. The Original Code is: [ name of software , version number ,
- and release date ] , developed by Silicon Graphics, Inc. The Original Code
- is Copyright (c) [ dates of first publication, as appearing in the Notice
- in the Original Code ] Silicon Graphics, Inc. Copyright in any portions created
- by third parties is as indicated elsewhere herein. All Rights Reserved. Additional
- Notice Provisions: [ such additional provisions, if any, as appear in the
- Notice in the Original Code under the heading "Additional Notice Provisions"
- ]
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