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1 seemant 1.1 SGI FREE SOFTWARE LICENSE B (Version 1.0 [1/25/2000])
2    
3     1. Definitions.
4     1. "Additional Notice Provisions" means such additional provisions as
5     appear in the Notice in Original Code under the heading
6     "Additional Notice Provisions."
7     2. "API" means an application programming interface established by
8     SGI in conjunction with the Original Code.
9     3. "Covered Code" means the Original Code or Modifications or the
10     combination of the Original Code and Modifications, in each case
11     including portions thereof.
12     4. "Hardware" means any physical device that accepts input, processes
13     input, stores the results of processing, and/or provides output.
14     5. "Larger Work" means a work which combines Covered Code or portions
15     thereof with code not governed by the terms of this License.
16     6. "Licensable" means having the right to grant, to the maximum
17     extent possible, whether at the time of the initial grant or
18     subsequently acquired, any and all of the rights conveyed herein.
19     7. "License" means this document.
20     8. "Modifications" means any addition to or deletion from the
21     substance or structure of either the Original Code or any previous
22     Modifications. When Covered Code is released as a series of files,
23     a Modification is:
24    
25     A. Any addition to or deletion from the contents of a file containing
26     Original Code or previous Modifications.
27     B. Any new file that contains any part of the Original Code or
28     previous Modifications.
29    
30     9. "Notice" means any notice in Original Code or Covered Code, as
31     required by and in compliance with this License.
32     10. "Original Code" means source code of computer software code which
33     is described in the source code Notice required by Exhibit A as
34     Original Code, and updates and error corrections specifically
35     thereto.
36     11. "Recipient" means an individual or a legal entity exercising
37     rights under, and complying with all of the terms of, this License
38     or a future version of this License issued under Section 8. For
39     legal entities, "Recipient" includes any entity which controls, is
40     controlled by, or is under common control with Recipient. For
41     purposes of this definition, "control" of an entity means (a) the
42     power, direct or indirect, to direct or manage such entity, or (b)
43     ownership of fifty percent (50%) or more of the outstanding shares
44     or beneficial ownership of such entity.
45     12. "SGI" means Silicon Graphics, Inc.
46    
47     2. License Grant and Restrictions.
48     1. License Grant. Subject to the provisions of this License and any
49     third party intellectual property claims, for the duration of
50     intellectual property protections inherent in the Original Code,
51     SGI hereby grants Recipient a worldwide, royalty-free,
52     non-exclusive license, to do the following: (i) under copyrights
53     Licensable by SGI, to reproduce, distribute, create derivative
54     works from, and, to the extent applicable, display and perform the
55     Original Code alone and/or as part of a Larger Work; and (ii)
56     under any patent claims Licensable by SGI and embodied in the
57     Original Code, to make, have made, use, practice, sell, and offer
58     for sale, and/or otherwise dispose of the Original Code. Recipient
59     accepts the terms and conditions of this License by undertaking
60     any of the aforementioned actions.
61     2. Restriction on Patent License. Notwithstanding the provisions of
62     Section 2.1(ii), no patent license is granted: 1) separate from
63     the Original Code; nor 2) for infringements caused by (i)
64     modification of the Original Code, or (ii) the combination of the
65     Original Code with other software or Hardware.
66     3. No License For Hardware Implementations. The licenses granted in
67     Section 2.1 are not applicable to implementation in Hardware of
68     the algorithms embodied in the Original Code.
69     4. Modifications License and API Compliance. Modifications are only
70     licensed under Section 2.1(i) to the extent such Modifications are
71     fully compliant with any API as may be identified in Additional
72     Notice Provisions as appear in the Original Code.
73    
74     3. Redistributions.
75    
76     A. Retention of Notice/Copy of License. The Notice set forth in
77     Exhibit A, below, must be conspicuously retained or included in
78     any and all redistributions of Covered Code. For distributions of
79     the Covered Code in source code form, the Notice must appear in
80     every file that can include a text comments field; in executable
81     form, the Notice and a copy of this License must appear in related
82     documentation or collateral where the Recipient's rights relating
83     to Covered Code are described. Any Additional Notice Provisions
84     which actually appears in the Original Code must also be retained
85     or included in any and all redistributions of Covered Code.
86     B. Alternative License. Provided that Recipient is in compliance with
87     the terms of this License, Recipient may distribute the source
88     code and/or executable version(s) of Covered Code under (1) this
89     License; (2) a license identical to this License but for only such
90     changes as are necessary in order to clarify Recipient's role as
91     licensor of Modifications, without derogation of any of SGI's
92     rights; and/or (3) a license of Recipient's choosing, containing
93     terms different from this License, provided that the license terms
94     include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which
95     terms may not be modified or superseded by any other terms of such
96     license. If Recipient elects to use any license other than this
97     License, Recipient must make it absolutely clear that any of its
98     terms which differ from this License are offered by Recipient
99     alone, and not by SGI.
100     C. Indemnity. Recipient hereby agrees to indemnify SGI for any
101     liability incurred by SGI as a result of any such alternative
102     license terms Recipient offers.
103    
104     4. Termination. This License and the rights granted hereunder will
105     terminate automatically if Recipient breaches any term herein and
106     fails to cure such breach within 30 days thereof. Any sublicense to
107     the Covered Code that is properly granted shall survive any
108     termination of this License, absent termination by the terms of such
109     sublicense. Provisions that, by their nature, must remain in effect
110     beyond the termination of this License, shall survive.
111    
112     5. No Trademark Or Other Rights. This License does not grant any
113     rights to: (i) any software apart from the Covered Code, nor shall any
114     other rights or licenses not expressly granted hereunder arise by
115     implication, estoppel or otherwise with respect to the Covered Code;
116     (ii) any trade name, trademark or service mark whatsoever, including
117     without limitation any related right for purposes of endorsement or
118     promotion of products derived from the Covered Code, without prior
119     written permission of SGI; or (iii) any title to or ownership of the
120     Original Code, which shall at all times remains with SGI. All rights
121     in the Original Code not expressly granted under this License are
122     reserved.
123    
124     6. Compliance with Laws; Non-Infringement. Recipient hereby assures
125     that it shall comply with all applicable laws, regulations, and
126     executive orders, in connection with any and all dispositions of
127     Covered Code, including but not limited to, all export, re-export, and
128     import control laws, regulations, and executive orders, of the U.S.
129     government and other countries. Recipient may not distribute Covered
130     Code that (i) in any way infringes (directly or contributorily) the
131     rights (including patent, copyright, trade secret, trademark or other
132     intellectual property rights of any kind) of any other person or
133     entity or (ii) breaches any representation or warranty, express,
134     implied or statutory, to which, under any applicable law, it might be
135     deemed to have been subject.
136    
137     7. Claims of Infringement. If Recipient learns of any third party
138     claim that any disposition of Covered Code and/or functionality wholly
139     or partially infringes the third party's intellectual property rights,
140     Recipient will promptly notify SGI of such claim.
141    
142     8. Versions of the License. SGI may publish revised and/or new
143     versions of the License from time to time, each with a distinguishing
144     version number. Once Covered Code has been published under a
145     particular version of the License, Recipient may, for the duration of
146     the license, continue to use it under the terms of that version, or
147     choose to use such Covered Code under the terms of any subsequent
148     version published by SGI. Subject to the provisions of Sections 3 and
149     4 of this License, only SGI may modify the terms applicable to Covered
150     Code created under this License.
151    
152     9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL
153     EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED,
154     INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS
155     OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
156     PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY
157     AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE
158     IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR
159     OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF
160     THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
161     EXCEPT SUBJECT TO THIS DISCLAIMER.
162    
163     10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY,
164     WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
165     LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE
166     LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
167     DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
168     LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR
169     MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
170     IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
171     DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
172     DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT
173     APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
174     ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
175     DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
176    
177     11. Indemnity. Recipient shall be solely responsible for damages
178     arising, directly or indirectly, out of its utilization of rights
179     under this License. Recipient will defend, indemnify and hold harmless
180     Silicon Graphics, Inc. from and against any loss, liability, damages,
181     costs or expenses (including the payment of reasonable attorneys fees)
182     arising out of Recipient's use, modification, reproduction and
183     distribution of the Covered Code or out of any representation or
184     warranty made by Recipient.
185    
186     12. U.S. Government End Users. The Covered Code is a "commercial item"
187     consisting of "commercial computer software" as such terms are defined
188     in title 48 of the Code of Federal Regulations and all U.S. Government
189     End Users acquire only the rights set forth in this License and are
190     subject to the terms of this License.
191    
192     13. Miscellaneous. This License represents the complete agreement
193     concerning the its subject matter. If any provision of this License is
194     held to be unenforceable, such provision shall be reformed so as to
195     achieve as nearly as possible the same legal and economic effect as
196     the original provision and the remainder of this License will remain
197     in effect. This License shall be governed by and construed in
198     accordance with the laws of the United States and the State of
199     California as applied to agreements entered into and to be performed
200     entirely within California between California residents. Any
201     litigation relating to this License shall be subject to the exclusive
202     jurisdiction of the Federal Courts of the Northern District of
203     California (or, absent subject matter jurisdiction in such courts, the
204     courts of the State of California), with venue lying exclusively in
205     Santa Clara County, California, with the losing party responsible for
206     costs, including without limitation, court costs and reasonable
207     attorneys fees and expenses. The application of the United Nations
208     Convention on Contracts for the International Sale of Goods is
209     expressly excluded. Any law or regulation which provides that the
210     language of a contract shall be construed against the drafter shall
211     not apply to this License.
212    
213     Exhibit A
214    
215     License Applicability.
216     Except to the extent portions of this file are made subject to an
217     alternative license as permitted in the SGI Free Software License B,
218     Version 1.0 (the "License"), the contents of this file are subject
219     only to the provisions of the License. You may not use this file
220     except in compliance with the License. You may obtain a copy of the
221     License at Silicon Graphics, Inc., attn: Legal Services, 1600
222     Ampitheatre Parkway, Mountain View, CA 94043-1351, or at:
223    
224     http://oss.sgi.com/projects/FreeB
225    
226     Note that, as provided in the License, the Software is distributed on
227     an "AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND
228     CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
229     WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
230     FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
231    
232     Original Code.
233     The Original Code is: [name of software, version number, and release
234     date], developed by Silicon Graphics, Inc. The Original Code is
235     Copyright (c) [dates of first publication, as appearing in the Notice
236     in the Original Code] Silicon Graphics, Inc. Copyright in any portions
237     created by third parties is as indicated elsewhere herein. All Rights
238     Reserved.
239    
240     Additional Notice Provisions:
241     [such additional provisions, if any, as appear in the Notice in the
242     Original Code under the heading "Additional Notice Provisions"]

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