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SGI-B-1.1 14KB

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  1. SGI FREE SOFTWARE LICENSE B
  2. (Version 1.1 02/22/2000)
  3. 1. Definitions.
  4. 1.1 "Additional Notice Provisions" means such additional provisions as appear
  5. in the Notice in Original Code under the heading "Additional Notice Provisions."
  6. 1.2 "Covered Code" means the Original Code or Modifications, or any combination
  7. thereof.
  8. 1.3 "Hardware" means any physical device that accepts input, processes input,
  9. stores the results of processing, and/or provides output.
  10. 1.4 "Larger Work" means a work that combines Covered Code or portions thereof
  11. with code not governed by the terms of this License.
  12. 1.5 "Licensable" means having the right to grant, to the maximum extent possible,
  13. whether at the time of the initial grant or subsequently acquired, any and
  14. all of the rights conveyed herein.
  15. 1.6 "License" means this document.
  16. 1.7 "Licensed Patents" means patent claims Licensable by SGI that are infringed
  17. by the use or sale of Original Code or any Modifications provided by SGI,
  18. or any combination thereof.
  19. 1.8 "Modifications" means any addition to or deletion from the substance or
  20. structure of the Original Code or any previous Modifications. When Covered
  21. Code is released as a series of files, a Modification is:
  22. A. Any addition to the contents of a file containing Original Code and/or
  23. addition to or deletion from the contents of a file containing previous Modifications.
  24. B. Any new file that contains any part of the Original Code or previous Modifications.
  25. 1.9 "Notice" means any notice in Original Code or Covered Code, as required
  26. by and in compliance with this License.
  27. 1.10 "Original Code" means source code of computer software code that is described
  28. in the source code Notice required by Exhibit A as Original Code, and updates
  29. and error corrections specifically thereto.
  30. 1.11 "Recipient" means an individual or a legal entity exercising rights under,
  31. and complying with all of the terms of, this License or a future version of
  32. this License issued under Section 8. For legal entities, "Recipient" includes
  33. any entity that controls, is controlled by, or is under common control with
  34. Recipient. For purposes of this definition, "control" of an entity means (a)
  35. the power, direct or indirect, to direct or manage such entity, or (b) ownership
  36. of fifty percent (50%) or more of the outstanding shares or beneficial ownership
  37. of such entity.
  38. 1.12 "Recipient Patents" means patent claims Licensable by a Recipient that
  39. are infringed by the use or sale of Original Code or any Modifications provided
  40. by SGI, or any combination thereof.
  41. 1.13 "SGI" means Silicon Graphics, Inc.
  42. 1.14 "SGI Patents" means patent claims Licensable by SGI other than the Licensed
  43. Patents.
  44. 2. License Grant and Restrictions.
  45. 2.1 SGI License Grant. Subject to the terms of this License and any third
  46. party intellectual property claims, for the duration of intellectual property
  47. protections inherent in the Original Code, SGI hereby grants Recipient a worldwide,
  48. royalty-free, non-exclusive license, to do the following: (i) under copyrights
  49. Licensable by SGI, to reproduce, distribute, create derivative works from,
  50. and, to the extent applicable, display and perform the Original Code and/or
  51. any Modifications provided by SGI alone and/or as part of a Larger Work; and
  52. (ii) under any Licensable Patents, to make, have made, use, sell, offer for
  53. sale, import and/or otherwise transfer the Original Code and/or any Modifications
  54. provided by SGI. Recipient accepts the terms and conditions of this License
  55. by undertaking any of the aforementioned actions. The patent license shall
  56. apply to the Covered Code if, at the time any related Modification is added,
  57. such addition of the Modification causes such combination to be covered by
  58. the Licensed Patents. The patent license in Section 2.1(ii) shall not apply
  59. to any other combinations that include the Modification. No patent license
  60. is provided under SGI Patents for infringements of SGI Patents by Modifications
  61. not provided by SGI or combinations of Original Code and Modifications not
  62. provided by SGI.
  63. 2.2 Recipient License Grant. Subject to the terms of this License and any
  64. third party intellectual property claims, Recipient hereby grants SGI and
  65. any other Recipients a worldwide, royalty-free, non-exclusive license, under
  66. any Recipient Patents, to make, have made, use, sell, offer for sale, import
  67. and/or otherwise transfer the Original Code and/or any Modifications provided
  68. by SGI.
  69. 2.3 No License For Hardware Implementations. The licenses granted in Section
  70. 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms
  71. embodied in the Original Code or any Modifications provided by SGI .
  72. 3. Redistributions.
  73. 3.1 Retention of Notice/Copy of License. The Notice set forth in Exhibit A,
  74. below, must be conspicuously retained or included in any and all redistributions
  75. of Covered Code. For distributions of the Covered Code in source code form,
  76. the Notice must appear in every file that can include a text comments field;
  77. in executable form, the Notice and a copy of this License must appear in related
  78. documentation or collateral where the Recipient's rights relating to Covered
  79. Code are described. Any Additional Notice Provisions which actually appears
  80. in the Original Code must also be retained or included in any and all redistributions
  81. of Covered Code.
  82. 3.2 Alternative License. Provided that Recipient is in compliance with the
  83. terms of this License, Recipient may, so long as without derogation of any
  84. of SGI's rights in and to the Original Code, distribute the source code and/or
  85. executable version(s) of Covered Code under (1) this License; (2) a license
  86. identical to this License but for only such changes as are necessary in order
  87. to clarify Recipient's role as licensor of Modifications; and/or (3) a license
  88. of Recipient's choosing, containing terms different from this License, provided
  89. that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12,
  90. and 13, which terms may not be modified or superseded by any other terms of
  91. such license. If Recipient elects to use any license other than this License,
  92. Recipient must make it absolutely clear that any of its terms which differ
  93. from this License are offered by Recipient alone, and not by SGI. It is emphasized
  94. that this License is a limited license, and, regardless of the license form
  95. employed by Recipient in accordance with this Section 3.2, Recipient may relicense
  96. only such rights, in Original Code and Modifications by SGI, as it has actually
  97. been granted by SGI in this License.
  98. 3.3 Indemnity. Recipient hereby agrees to indemnify SGI for any liability
  99. incurred by SGI as a result of any such alternative license terms Recipient
  100. offers.
  101. 4. Termination. This License and the rights granted hereunder will terminate
  102. automatically if Recipient breaches any term herein and fails to cure such
  103. breach within 30 days thereof. Any sublicense to the Covered Code that is
  104. properly granted shall survive any termination of this License, absent termination
  105. by the terms of such sublicense. Provisions that, by their nature, must remain
  106. in effect beyond the termination of this License, shall survive.
  107. 5. No Trademark Or Other Rights. This License does not grant any rights to:
  108. (i) any software apart from the Covered Code, nor shall any other rights or
  109. licenses not expressly granted hereunder arise by implication, estoppel or
  110. otherwise with respect to the Covered Code; (ii) any trade name, trademark
  111. or service mark whatsoever, including without limitation any related right
  112. for purposes of endorsement or promotion of products derived from the Covered
  113. Code, without prior written permission of SGI; or (iii) any title to or ownership
  114. of the Original Code, which shall at all times remains with SGI. All rights
  115. in the Original Code not expressly granted under this License are reserved.
  116. 6. Compliance with Laws; Non-Infringement. There are various worldwide laws,
  117. regulations, and executive orders applicable to dispositions of Covered Code,
  118. including without limitation export, re-export, and import control laws, regulations,
  119. and executive orders, of the U.S. government and other countries, and Recipient
  120. is reminded it is obliged to obey such laws, regulations, and executive orders.
  121. Recipient may not distribute Covered Code that (i) in any way infringes (directly
  122. or contributorily) any intellectual property rights of any kind of any other
  123. person or entity or (ii) breaches any representation or warranty, express,
  124. implied or statutory, to which, under any applicable law, it might be deemed
  125. to have been subject.
  126. 7. Claims of Infringement. If Recipient learns of any third party claim that
  127. any disposition of Covered Code and/or functionality wholly or partially infringes
  128. the third party's intellectual property rights, Recipient will promptly notify
  129. SGI of such claim.
  130. 8. Versions of the License. SGI may publish revised and/or new versions of
  131. the License from time to time, each with a distinguishing version number.
  132. Once Covered Code has been published under a particular version of the License,
  133. Recipient may, for the duration of the license, continue to use it under the
  134. terms of that version, or choose to use such Covered Code under the terms
  135. of any subsequent version published by SGI. Subject to the provisions of Sections
  136. 3 and 4 of this License, only SGI may modify the terms applicable to Covered
  137. Code created under this License.
  138. 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND
  139. IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION,
  140. ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
  141. FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK
  142. AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE
  143. DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING,
  144. REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF
  145. THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT
  146. TO THIS DISCLAIMER.
  147. 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER
  148. TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT,
  149. OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT,
  150. SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
  151. WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA,
  152. COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
  153. LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
  154. SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
  155. DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE
  156. LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
  157. OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
  158. LIMITATION MAY NOT APPLY TO RECIPIENT.
  159. 11. Indemnity. Recipient shall be solely responsible for damages arising,
  160. directly or indirectly, out of its utilization of rights under this License.
  161. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.
  162. from and against any loss, liability, damages, costs or expenses (including
  163. the payment of reasonable attorneys fees) arising out of Recipient's use,
  164. modification, reproduction and distribution of the Covered Code or out of
  165. any representation or warranty made by Recipient.
  166. 12. U.S. Government End Users. The Covered Code is a "commercial item" consisting
  167. of "commercial computer software" as such terms are defined in title 48 of
  168. the Code of Federal Regulations and all U.S. Government End Users acquire
  169. only the rights set forth in this License and are subject to the terms of
  170. this License.
  171. 13. Miscellaneous. This License represents the complete agreement concerning
  172. the its subject matter. If any provision of this License is held to be unenforceable,
  173. such provision shall be reformed so as to achieve as nearly as possible the
  174. same legal and economic effect as the original provision and the remainder
  175. of this License will remain in effect. This License shall be governed by and
  176. construed in accordance with the laws of the United States and the State of
  177. California as applied to agreements entered into and to be performed entirely
  178. within California between California residents. Any litigation relating to
  179. this License shall be subject to the exclusive jurisdiction of the Federal
  180. Courts of the Northern District of California (or, absent subject matter jurisdiction
  181. in such courts, the courts of the State of California), with venue lying exclusively
  182. in Santa Clara County, California, with the losing party responsible for costs,
  183. including without limitation, court costs and reasonable attorneys fees and
  184. expenses. The application of the United Nations Convention on Contracts for
  185. the International Sale of Goods is expressly excluded. Any law or regulation
  186. that provides that the language of a contract shall be construed against the
  187. drafter shall not apply to this License. Exhibit A
  188. License Applicability. Except to the extent portions of this file are made
  189. subject to an alternative license as permitted in the SGI Free Software License
  190. B, Version 1.1 (the "License"), the contents of this file are subject only
  191. to the provisions of the License. You may not use this file except in compliance
  192. with the License. You may obtain a copy of the License at Silicon Graphics,
  193. Inc., attn: Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351,
  194. or at:
  195. http://oss.sgi.com/projects/FreeB
  196. Note that, as provided in the License, the Software is distributed on an "AS
  197. IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED,
  198. INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
  199. SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  200. Original Code. The Original Code is: [ name of software , version number ,
  201. and release date] , developed by Silicon Graphics, Inc. The Original Code
  202. is Copyright (c) [ dates of first publication, as appearing in the Notice
  203. in the Original Code] Silicon Graphics, Inc. Copyright in any portions created
  204. by third parties is as indicated elsewhere herein. All Rights Reserved. Additional
  205. Notice Provisions: [ such additional provisions, if any, as appear in the
  206. Notice in the Original Code under the heading "Additional Notice Provisions"]