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1 GLX PUBLIC LICENSE (Version 1.0 (2/11/99)) ("License")
2
3 Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
4 grants permission to Recipient (defined below), under Recipient's
5 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), and to permit persons to whom the
8 Subject Software is furnished in accordance with this License to do the
9 same, subject to all of the following terms and conditions, which
10 Recipient accepts by engaging in any such use, copying, modifying,
11 merging, publishing, distributing, sublicensing or selling:
12
13 1. Definitions.
14
15 (a) "Original Software" means source code of computer software code
16 which is described in Exhibit A as Original Software.
17
18 (b) "Modifications" means any addition to or deletion from the
19 substance or structure of either the Original Software or any
20 previous Modifications. When Subject Software is released as a
21 series of files, a Modification means (i) any addition to or
22 deletion from the contents of a file containing Original Software or
23 previous Modifications and (ii) any new file that contains any part
24 of the Original Code or previous Modifications.
25
26 (c) "Subject Software" means the Original Software or Modifications
27 or the combination of the Original Software and Modifications, or
28 portions of any of the foregoing.
29
30 (d) "Recipient" means an individual or a legal entity exercising
31 rights under, and complying with all of the terms of, this License.
32 For legal entities, "Recipient" includes any entity which controls,
33 is controlled by, or is under common control with Recipient. For
34 purposes of this definition, "control" of an entity means (a) the
35 power, direct or indirect, to direct or manage such entity, or (b)
36 ownership of fifty percent (50%) or more of the outstanding shares
37 or beneficial ownership of such entity.
38
39 2. Redistribution of Source Code Subject to These Terms. Redistributions
40 of Subject Software in source code form must retain the notice set forth
41 in Exhibit A, below, in every file. A copy of this License must be
42 included in any documentation for such Subject Software where the
43 recipients' rights relating to Subject Software are described. Recipient
44 may distribute the source code version of Subject Software under a
45 license of Recipient's choice, which may contain terms different from
46 this License, provided that (i) Recipient is in compliance with the
47 terms of this License, and (ii) the license terms include this Section 2
48 and Sections 3, 4, 7, 8, 10, 12 and 13 of this License, which terms may
49 not be modified or superseded by any other terms of such license. If
50 Recipient distributes the source code version under a different license
51 Recipient must make it absolutely clear that any terms which differ from
52 this License are offered by Recipient alone, not by SGI. Recipient
53 hereby agrees to indemnify SGI for any liability incurred by SGI as a
54 result of any such terms Recipient offers.
55
56 3. Redistribution in Executable Form. The notice set forth in Exhibit A
57 must be conspicuously included in any notice in an executable version of
58 Subject Software, related documentation or collateral in which Recipient
59 describes the user's rights relating to the Subject Software. Recipient
60 may distribute the executable version of Subject Software under a
61 license of Recipient's choice, which may contain terms different from
62 this License, provided that (i) Recipient is in compliance with the
63 terms of this License, and (ii) the license terms include this Section 3
64 and Sections 4, 7, 8, 10, 12 and 13 of this License, which terms may not
65 be modified or superseded by any other terms of such license. If
66 Recipient distributes the executable version under a different license
67 Recipient must make it absolutely clear that any terms which differ from
68 this License are offered by Recipient alone, not by SGI. Recipient
69 hereby agrees to indemnify SGI for any liability incurred by SGI as a
70 result of any such terms Recipient offers.
71
72 4. 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 which 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 5. No Trademark Rights. This License does not grant any rights to use
81 any 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 the Subject Software without prior written
84 permission of SGI.
85
86 6. No Other Rights. This License does not grant any rights with respect
87 to the OpenGL API or to any software or hardware implementation thereof
88 or to any other software whatsoever, nor shall any other rights or
89 licenses not expressly granted hereunder arise by implication, estoppel
90 or otherwise with respect to the Subject Software. Title to and
91 ownership of the Original Software at all times remains with SGI. All
92 rights in the Original Software not expressly granted under this License
93 are reserved.
94
95 7. Compliance with Laws; Non-Infringement. Recipient shall comply with
96 all applicable laws and regulations in connection with use and
97 distribution of the Subject Software, including but not limited to, all
98 export and import control laws and regulations of the U.S. government
99 and other countries. Recipient may not distribute Subject Software that
100 (i) in any way infringes (directly or contributorily) the rights
101 (including patent, copyright, trade secret, trademark or other
102 intellectual property rights of any kind) of any other person or entity
103 or (ii) breaches any representation or warranty, express, implied or
104 statutory, which under any applicable law it might be deemed to have
105 been distributed.
106
107 8. Claims of Infringement. If Recipient at any time has knowledge of any
108 one or more third party claims that reproduction, modification, use,
109 distribution, import or sale of Subject Software (including particular
110 functionality or code incorporated in Subject Software) infringes the
111 third party's intellectual property rights, Recipient must place in a
112 well-identified web page bearing the title "LEGAL" a description of each
113 such claim and a description of the party making each such claim in
114 sufficient detail that a user of the Subject Software will know whom to
115 contact regarding the claim. Also, upon gaining such knowledge of any
116 such claim, Recipient must conspicuously include the URL for such web
117 page in the Exhibit A notice required under Sections 2 and 3, above, and
118 in the text of any related documentation, license agreement or
119 collateral in which Recipient describes end user's rights relating to
120 the Subject Software. If Recipient obtains such knowledge after it makes
121 Subject Software available to any other person or entity, Recipient
122 shall take other steps (such as notifying appropriate mailing lists or
123 newsgroups) reasonably calculated to inform those who received the
124 Subject Software that new knowledge has been obtained.
125
126 9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS"
127 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
128 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS
129 FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-
130 INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE
131 SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI
132 ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION.
133 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
134 LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
135 UNDER THIS DISCLAIMER.
136
137 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
138 THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
139 STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR
140 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
141 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
142 DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER
143 FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
144 LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
145 OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
146 LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE
147 TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
148 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
149 CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
150 RECIPIENT.
151
152 11. Indemnity. Recipient shall be solely responsible for damages
153 arising, directly or indirectly, out of its utilization of rights under
154 this License. Recipient will defend, indemnify and hold harmless Silicon
155 Graphics, Inc. from and against any loss, liability, damages, costs or
156 expenses (including the payment of reasonable attorneys fees) arising
157 out of Recipient's use, modification, reproduction and distribution of
158 the Subject Software or out of any representation or warranty made by
159 Recipient.
160
161 12. U.S. Government End Users. The Subject Software is a "commercial
162 item" consisting of "commercial computer software" as such terms are
163 defined in title 48 of the Code of Federal Regulations and all U.S.
164 Government End Users acquire only the rights set forth in this License
165 and are subject to the terms of this License.
166
167 13. Miscellaneous. This License represents the complete agreement
168 concerning subject matter hereof. If any provision of this License is
169 held to be unenforceable, such provision shall be reformed so as to
170 achieve as nearly as possible the same economic effect as the original
171 provision and the remainder of this License will remain in effect. This
172 License shall be governed by and construed in accordance with the laws
173 of the United States and the State of California as applied to
174 agreements entered into and to be performed entirely within California
175 between California residents. Any litigation relating to this License
176 shall be subject to the exclusive jurisdiction of the Federal Courts of
177 the Northern District of California (or, absent subject matter
178 jurisdiction in such courts, the courts of the State of California),
179 with venue lying exclusively in Santa Clara County, California, with the
180 losing party responsible for costs, including without limitation, court
181 costs and reasonable attorneys fees and expenses. The application of the
182 United Nations Convention on Contracts for the International Sale of
183 Goods is expressly excluded. Any law or regulation which provides that
184 the language of a contract shall be construed against the drafter shall
185 not apply to this License.
186
187 Exhibit A
188
189 The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12
190 and 13 of the GLX Public License Version 1.0 (the "License"). You may
191 not use this file except in compliance with those sections of the
192 License. You may obtain a copy of the License at Silicon Graphics, Inc.,
193 attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043
194 or at http://www.sgi.com/software/opensource/glx/license.html.
195
196 Software distributed under the License is distributed on an "AS IS"
197 basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY
198 IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
199 PURPOSE OR OF NON- INFRINGEMENT. See the License for the specific
200 language governing rights and limitations under the License.
201
202 The Original Software is GLX version 1.2 source code, released February,
203 1999. The developer of the Original Software is Silicon Graphics, Inc.
204 Those portions of the Subject Software created by Silicon Graphics, Inc.
205 are Copyright (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.

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