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1 CID FONT CODE PUBLIC LICENSE (Version 1.0 (3/31/99))("License")
2
3 Subject to any applicable third party claims, Silicon Graphics, Inc.
4 ("SGI") hereby grants permission to Recipient (defined below), under
5 SGI's copyrights in the Original Software (defined below), to use, copy,
6 modify, merge, publish, distribute, sublicense and/or sell copies of
7 Subject Software (defined below) in both source code and executable
8 form, and to permit persons to whom the Subject Software is furnished in
9 accordance with this License to do the same, subject to all of the
10 following terms and conditions, which Recipient accepts by engaging in
11 any such use, copying, modifying, merging, publication, distributing,
12 sublicensing or selling:
13
14 1. Definitions.
15
16 a. "Original Software" means source code of computer software code
17 that is described in Exhibit A as Original Software.
18
19 b. "Modifications" means any addition to or deletion from the
20 substance or structure of either the Original Software or any
21 previous Modifications. When Subject Software is released as a
22 series of files, a Modification means (i) any addition to or
23 deletion from the contents of a file containing Original Software or
24 previous Modifications and (ii) any new file that contains any part
25 of the Original Code or previous Modifications.
26
27 c. "Subject Software" means the Original Software or Modifications
28 or the combination of the Original Software and Modifications, or
29 portions of any of the foregoing.
30
31 d. "Recipient" means an individual or a legal entity exercising
32 rights under the terms of this License. For legal entities,
33 "Recipient" includes any entity that controls, is controlled by, or
34 is under common control with Recipient. For purposes of this
35 definition, "control" of an entity means (i) the power, direct or
36 indirect, to direct or manage such entity, or (ii) ownership of
37 fifty percent (50%) or more of the outstanding shares or beneficial
38 ownership of such entity.
39
40 e. "Required Notice" means the notice set forth in Exhibit A to this
41 License.
42
43 f. "Accompanying Technology" means any software or other technology
44 that is not a Modification and that is distributed or made publicly
45 available by Recipient with the Subject Software. Separate software
46 files that do not contain any Original Software or any previous
47 Modification shall not be deemed a Modification, even if such
48 software files are aggregated as part of a product, or in any medium
49 of storage, with any file that does contain Original Software or any
50 previous Modification.
51
52 2. License Terms. All distribution of the Subject Software must be made
53 subject to the terms of this License. A copy of this License and the
54 Required Notice must be included in any documentation for Subject
55 Software where Recipient's rights relating to Subject Software and/or
56 any Accompanying Technology are described. Distributions of Subject
57 Software in source code form must also include the Required Notice in
58 every file distributed. In addition, a ReadMe file entitled "Important
59 Legal Notice" must be distributed with each distribution of one or more
60 files that incorporate Subject Software. That file must be included with
61 distributions made in both source code and executable form. A copy of
62 the License and the Required Notice must be included in that file.
63 Recipient may distribute Accompanying Technology under a license of
64 Recipient's choice, which may contain terms different from this License,
65 provided that (i) Recipient is in compliance with the terms of this
66 License, (ii) such other license terms do not modify or supersede the
67 terms of this License as applicable to the Subject Software, (iii)
68 Recipient hereby indemnifies SGI for any liability incurred by SGI as a
69 result of the distribution of Accompanying Technology or the use of
70 other license terms.
71
72 3. Termination. This License and the rights granted hereunder will
73 terminate automatically if Recipient fails to comply with terms herein
74 and fails to cure such breach within 30 days of the breach. Any
75 sublicense to the Subject Software that is properly granted shall
76 survive any termination of this License absent termination by the terms
77 of such sublicense. Provisions which, by their nature, must remain in
78 effect beyond the termination of this License shall survive.
79
80 4. Trademark Rights. This License does not grant any rights to use any
81 trade name, trademark or service mark whatsoever. No trade name,
82 trademark or service mark of SGI may be used to endorse or promote
83 products derived from or incorporating any Subject Software without
84 prior written permission of SGI.
85
86 5. No Other Rights. No rights or licenses not expressly granted
87 hereunder shall arise by implication, estoppel or otherwise. Title to
88 and ownership of the Original Software at all times remains with SGI.
89 All rights in the Original Software not expressly granted under this
90 License are reserved.
91
92 6. Compliance with Laws; Non-Infringement. Recipient shall comply with
93 all applicable laws and regulations in connection with use and
94 distribution of the Subject Software, including but not limited to, all
95 export and import control laws and regulations of the U.S. government
96 and other countries. Recipient may not distribute Subject Software that
97 (i) in any way infringes (directly or contributorily) the rights
98 (including patent, copyright, trade secret, trademark or other
99 intellectual property rights of any kind) of any other person or entity,
100 or (ii) breaches any representation or warranty, express, implied or
101 statutory, which under any applicable law it might be deemed to have
102 been distributed.
103
104 7. Claims of Infringement. If Recipient at any time has knowledge of any
105 one or more third party claims that reproduction, modification, use,
106 distribution, import or sale of Subject Software (including particular
107 functionality or code incorporated in Subject Software) infringes the
108 third party's intellectual property rights, Recipient must place in a
109 well-identified web page bearing the title "LEGAL" a description of each
110 such claim and a description of the party making each such claim in
111 sufficient detail that a user of the Subject Software will know whom to
112 contact regarding the claim. Also, upon gaining such knowledge of any
113 such claim, Recipient must conspicuously include the URL for such web
114 page in the Required Notice, and in the text of any related
115 documentation, license agreement or collateral in which Recipient
116 describes end user's rights relating to the Subject Software. If
117 Recipient obtains such knowledge after it makes Subject Software
118 available to any other person or entity, Recipient shall take other
119 steps (such as notifying appropriate mailing lists or newsgroups)
120 reasonably calculated to provide such knowledge to those who received
121 the Subject Software.
122
123 8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS"
124 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
125 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS
126 FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
127 NON-INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF
128 THE SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI
129 ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION.
130 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
131 LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
132 UNDER THIS DISCLAIMER.
133
134 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
135 THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
136 STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR
137 BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
138 ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
139 CONNECTION WITH THE SUBJECT SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
140 SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
141 LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
142 APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.
143
144 10. Indemnity. Recipient shall be solely responsible for damages
145 arising, directly or indirectly, out of its utilization of rights under
146 this License. Recipient will defend, indemnify and hold SGI and its
147 successors and assigns harmless from and against any loss, liability,
148 damages, costs or expenses (including the payment of reasonable
149 attorneys fees) arising out of (Recipient's use, modification,
150 reproduction and distribution of the Subject Software or out of any
151 representation or warranty made by Recipient.
152
153 11. U.S. Government End Users. The Subject Software is a "commercial
154 item" consisting of "commercial computer software" as such terms are
155 defined in title 48 of the Code of Federal Regulations and all U.S.
156 Government End Users acquire only the rights set forth in this License
157 and are subject to the terms of this License.
158
159 12. Miscellaneous. This License represents the complete agreement
160 concerning subject matter hereof. If any provision of this License is
161 held to be unenforceable by any judicial or administrative authority
162 having proper jurisdiction with respect thereto, such provision shall be
163 reformed so as to achieve as nearly as possible the same economic effect
164 as the original provision and the remainder of this License will remain
165 in effect. This License shall be governed by and construed in accordance
166 with the laws of the United States and the State of California as
167 applied to agreements entered into and to be performed entirely within
168 California between California residents. Any litigation relating to this
169 License shall be subject to the exclusive jurisdiction of the Federal
170 Courts of the Northern District of California (or, absent subject matter
171 jurisdiction in such courts, the courts of the State of California),
172 with venue lying exclusively in Santa Clara County, California, with the
173 losing party responsible for costs, including without limitation, court
174 costs and reasonable attorneys fees and expenses. The application of the
175 United Nations Convention on Contracts for the International Sale of
176 Goods is expressly excluded. Any law or regulation that provides that
177 the language of a contract shall be construed against the drafter shall
178 not apply to this License.
179
180 Exhibit A
181
182 Copyright (c) 1994-1999 Silicon Graphics, Inc.
183
184 The contents of this file are subject to the CID Font Code Public
185 License Version 1.0 (the "License"). You may not use this file except in
186 compliance with the License. You may obtain a copy of the License at
187 Silicon Graphics, Inc., attn: Legal Services, 2011 N. Shoreline Blvd.,
188 Mountain View, CA 94043 or at
189 http://www.sgi.com/software/opensource/cid/license.html
190
191 Software distributed under the License is distributed on an "AS IS"
192 basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY
193 IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
194 PURPOSE OR OF NON-INFRINGEMENT. See the License for the specific
195 language governing rights and limitations under the License.
196
197 The Original Software (as defined in the License) is CID font code that
198 was developed by Silicon Graphics, Inc. Those portions of the Subject
199 Software (as defined in the License) that were created by Silicon
200 Graphics, Inc. are Copyright (c) 1994-1999 Silicon Graphics, Inc. All
201 Rights Reserved.
202
203 [NOTE: When using this text in connection with Subject Software
204 delivered solely in object code form, Recipient may replace the words
205 "this file" with "this software" in both the first and second
206 sentences.]

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