| SGI FREE SOFTWARE LICENSE B |
| (Version 1.0 1/25/2000) |
| 1. Definitions. |
| |
| 1.1 "Additional Notice Provisions" means such additional provisions as appear in |
| the Notice in Original Code under the heading "Additional Notice Provisions." |
| |
| 1.2 "API" means an application programming interface established by SGI in |
| conjunction with the Original Code. |
| |
| 1.3 "Covered Code" means the Original Code or Modifications or the combination |
| of the Original Code and Modifications, in each case including portions thereof. |
| |
| 1.4 "Hardware" means any physical device that accepts input, processes input, |
| stores the results of processing, and/or provides output. |
| |
| 1.5 "Larger Work" means a work which combines Covered Code or portions thereof |
| with code not governed by the terms of this License. |
| |
| 1.6 "Licensable" means having the right to grant, to the maximum extent |
| possible, whether at the time of the initial grant or subsequently acquired, any |
| and all of the rights conveyed herein. |
| |
| 1.7 "License" means this document. |
| |
| 1.8 "Modifications" means any addition to the substance or structure of the |
| Original Code and/or any addition to or deletion from previous Modifications. |
| When Covered Code is released as a series of files, a Modification is: |
| |
| A. Any addition to the contents of a file containing Original Code and/or any |
| addition to or deletion from previous Modifications. |
| |
| B. Any new file that contains any part of the Original Code or previous |
| Modifications. |
| |
| 1.9 "Notice" means any notice in Original Code or Covered Code, as required by |
| and in compliance with this License. |
| |
| 1.10 "Original Code" means source code of computer software code which is |
| described in the source code Notice required by Exhibit A as Original Code, and |
| updates and error corrections specifically thereto. |
| |
| 1.11 "Recipient" means an individual or a legal entity exercising rights under, |
| and complying with all of the terms of, this License or a future version of this |
| License issued under Section 8. For legal entities, "Recipient" includes any |
| entity which controls, is controlled by, or is under common control with |
| Recipient. For purposes of this definition, "control" of an entity means (a) the |
| power, direct or indirect, to direct or manage such entity, or (b) ownership of |
| fifty percent (50%) or more of the outstanding shares or beneficial ownership of |
| such entity. |
| |
| 1.12 SGI" means Silicon Graphics, Inc. |
| |
| 2. License Grant and Restrictions. |
| |
| 2.1v License Grant. Subject to the provisions of this License and any third |
| party intellectual property claims, for the duration of intellectual property |
| protections inherent in the Original Code, SGI hereby grants Recipient a |
| worldwide, royalty-free, non-exclusive license, to do the following: (i) under |
| copyrights Licensable by SGI, to reproduce, distribute, create derivative works |
| from, and, to the extent applicable, display and perform the Original Code alone |
| and/or as part of a Larger Work; and (ii) under any patent claims Licensable by |
| SGI and embodied in the Original Code, to make, have made, use, practice, sell, |
| and offer for sale, and/or otherwise dispose of the Original Code. Recipient |
| accepts the terms and conditions of this License by undertaking any of the |
| aforementioned actions. |
| |
| 2.2 Restriction on Patent License. Notwithstanding the provisions of Section |
| 2.1(ii), no patent license is granted: 1) separate from the Original Code; nor |
| 2) for infringements caused by (i) modification of the Original Code, or (ii) |
| the combination of the Original Code with other software or Hardware. |
| |
| 2.3 No License For Hardware Implementations. The licenses granted in Section 2.1 |
| are not applicable to implementation in Hardware of the algorithms embodied in |
| the Original Code. |
| |
| 2.4 Modifications License and API Compliance. Modifications are only licensed |
| under Section 2.1(i) to the extent such Modifications are fully compliant with |
| any API as may be identified in Additional Notice Provisions as appear in the |
| Original Code. |
| |
| 3. Redistributions. |
| |
| A. Retention of Notice/Copy of License. The Notice set forth in Exhibit A, |
| below, must be conspicuously retained or included in any and all redistributions |
| of Covered Code. For distributions of the Covered Code in source code form, the |
| Notice must appear in every file that can include a text comments field; in |
| executable form, the Notice and a copy of this License must appear in related |
| documentation or collateral where the Recipient’s rights relating to Covered |
| Code are described. Any Additional Notice Provisions which actually appears in |
| the Original Code must also be retained or included in any and all |
| redistributions of Covered Code. |
| |
| B. Alternative License. Provided that Recipient is in compliance with the terms |
| of this License, Recipient may distribute the source code and/or executable |
| version(s) of Covered Code under (1) this License; (2) a license identical to |
| this License but for only such changes as are necessary in order to clarify |
| Recipient’s role as licensor of Modifications, without derogation of any of |
| SGI’s rights; and/or (3) a license of Recipient’s choosing, containing terms |
| different from this License, provided that the license terms include this |
| Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified |
| or superseded by any other terms of such license. If Recipient elects to use any |
| license other than this License, Recipient must make it absolutely clear that |
| any of its terms which differ from this License are offered by Recipient alone, |
| and not by SGI. |
| |
| C. Indemnity. Recipient hereby agrees to indemnify SGI for any liability |
| incurred by SGI as a result of any such alternative license terms Recipient |
| offers. |
| |
| 4. Termination. This License and the rights granted hereunder will terminate |
| automatically if Recipient breaches any term herein and fails to cure such |
| breach within 30 days thereof. Any sublicense to the Covered Code that is |
| properly granted shall survive any termination of this License, absent |
| termination by the terms of such sublicense. Provisions that, by their nature, |
| must remain in effect beyond the termination of this License, shall survive. |
| |
| 5. No Trademark Or Other Rights. This License does not grant any rights to: (i) |
| any software apart from the Covered Code, nor shall any other rights or licenses |
| not expressly granted hereunder arise by implication, estoppel or otherwise with |
| respect to the Covered Code; (ii) any trade name, trademark or service mark |
| whatsoever, including without limitation any related right for purposes of |
| endorsement or promotion of products derived from the Covered Code, without |
| prior written permission of SGI; or (iii) any title to or ownership of the |
| Original Code, which shall at all times remains with SGI. All rights in the |
| Original Code not expressly granted under this License are reserved. |
| |
| 6. Compliance with Laws; Non-Infringement. Recipient hereby assures that it |
| shall comply with all applicable laws, regulations, and executive orders, in |
| connection with any and all dispositions of Covered Code, including but not |
| limited to, all export, re-export, and import control laws, regulations, and |
| executive orders, of the U.S. government and other countries. Recipient may not |
| distribute Covered Code that (i) in any way infringes (directly or |
| contributorily) the rights (including patent, copyright, trade secret, trademark |
| or other intellectual property rights of any kind) of any other person or entity |
| or (ii) breaches any representation or warranty, express, implied or statutory, |
| to which, under any applicable law, it might be deemed to have been subject. |
| |
| 7. Claims of Infringement. If Recipient learns of any third party claim that any |
| disposition of Covered Code and/or functionality wholly or partially infringes |
| the third party's intellectual property rights, Recipient will promptly notify |
| SGI of such claim. |
| |
| 8. Versions of the License. SGI may publish revised and/or new versions of the |
| License from time to time, each with a distinguishing version number. Once |
| Covered Code has been published under a particular version of the License, |
| Recipient may, for the duration of the license, continue to use it under the |
| terms of that version, or choose to use such Covered Code under the terms of any |
| subsequent version published by SGI. Subject to the provisions of Sections 3 and |
| 4 of this License, only SGI may modify the terms applicable to Covered Code |
| created under this License. |
| |
| 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND |
| IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, |
| ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, |
| FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS |
| TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE |
| DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR |
| OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. |
| NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS |
| DISCLAIMER. |
| |
| 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER |
| TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, |
| OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, |
| SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, |
| WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, |
| COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR |
| LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH |
| DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR |
| PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
| PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR |
| LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND |
| LIMITATION MAY NOT APPLY TO RECIPIENT. |
| |
| 11. Indemnity. Recipient shall be solely responsible for damages arising, |
| directly or indirectly, out of its utilization of rights under this License. |
| Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from |
| and against any loss, liability, damages, costs or expenses (including the |
| payment of reasonable attorneys fees) arising out of Recipient's use, |
| modification, reproduction and distribution of the Covered Code or out of any |
| representation or warranty made by Recipient. |
| |
| 12. U.S. Government End Users. The Covered Code is a "commercial item" |
| consisting of "commercial computer software" as such terms are defined in title |
| 48 of the Code of Federal Regulations and all U.S. Government End Users acquire |
| only the rights set forth in this License and are subject to the terms of this |
| License. |
| |
| 13. Miscellaneous. This License represents the complete agreement concerning the |
| its subject matter. If any provision of this License is held to be |
| unenforceable, such provision shall be reformed so as to achieve as nearly as |
| possible the same legal and economic effect as the original provision and the |
| remainder of this License will remain in effect. This License shall be governed |
| by and construed in accordance with the laws of the United States and the State |
| of California as applied to agreements entered into and to be performed entirely |
| within California between California residents. Any litigation relating to this |
| License shall be subject to the exclusive jurisdiction of the Federal Courts of |
| the Northern District of California (or, absent subject matter jurisdiction in |
| such courts, the courts of the State of California), with venue lying |
| exclusively in Santa Clara County, California, with the losing party responsible |
| for costs, including without limitation, court costs and reasonable attorneys |
| fees and expenses. The application of the United Nations Convention on Contracts |
| for the International Sale of Goods is expressly excluded. Any law or regulation |
| which provides that the language of a contract shall be construed against the |
| drafter shall not apply to this License. |
| |
| Exhibit A |
| |
| License Applicability. Except to the extent portions of this file are made |
| subject to an alternative license as permitted in the SGI Free Software License |
| B, Version 1.0 (the "License"), the contents of this file are subject only to |
| the provisions of the License. You may not use this file except in compliance |
| with the License. You may obtain a copy of the License at Silicon Graphics, |
| Inc., attn: Legal Services, 1600 Ampitheatre Parkway, Mountain View, CA |
| 94043-1351, or at: |
| |
| http://oss.sgi.com/projects/FreeB |
| |
| Note that, as provided in the License, the Software is distributed on an "AS IS" |
| basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, |
| INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF |
| MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND |
| NON-INFRINGEMENT. |
| |
| Original Code. The Original Code is: [name of software, version number, and |
| release date], developed by Silicon Graphics, Inc. The Original Code is |
| Copyright (c) [dates of first publication, as appearing in the Notice in the |
| Original Code] Silicon Graphics, Inc. Copyright in any portions created by third |
| parties is as indicated elsewhere herein. All Rights Reserved. |
| |
| Additional Notice Provisions: [such additional provisions, if any, as appear in |
| the Notice in the Original Code under the heading "Additional Notice |
| Provisions"] |