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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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