@@ -65,283 +65,32 @@ License:
Some files, as listed below, are made available under the SGI Free B
license. This license is as follows:
SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/ 2000] )
SGI FREE SOFTWARE LICENSE B (Version 2.0, Sept. 18, 2008 )
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. "Covered Code" means the Original Code or Modifications, or any
combination thereof.
1.3. "Hardware" means any physical device that accepts input, processes
input, stores the results of processing, and/or provides output.
1.4. "Larger Work" means a work that combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.5. "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.
1.6. "License" means this document.
1.7. "Licensed Patents" means patent claims Licensable by SGI that are
infringed by the use or sale of Original Code or any Modifications
provided by SGI, or any combination thereof.
1.8. "Modifications" means any addition to or deletion from the
substance or structure of the Original Code or any 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 addition to or deletion from the contents of a file
containing 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 that
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 that 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. "Recipient Patents" means patent claims Licensable by a Recipient
that are infringed by the use or sale of Original Code or any
Modifications provided by SGI, or any combination thereof.
1.13. "SGI" means Silicon Graphics, Inc.
1.14. "SGI Patents" means patent claims Licensable by SGI other than the
Licensed Patents.
2. License Grant and Restrictions.
2.1. SGI License Grant. Subject to the terms 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 and/or any Modifications provided by SGI alone and/or
as part of a Larger Work; and (ii) under any Licensable Patents, to
make, have made, use, sell, offer for sale, import and/or otherwise
transfer the Original Code and/or any Modifications provided by
SGI. Recipient accepts the terms and conditions of this License by
undertaking any of the aforementioned actions. The patent license
shall apply to the Covered Code if, at the time any related
Modification is added, such addition of the Modification causes
such combination to be covered by the Licensed Patents. The patent
license in Section 2.1(ii) shall not apply to any other
combinations that include the Modification. No patent license is
provided under SGI Patents for infringements of SGI Patents by
Modifications not provided by SGI or combinations of Original Code
and Modifications not provided by SGI.
2.2. Recipient License Grant. Subject to the terms of this License and
any third party intellectual property claims, Recipient hereby
grants SGI and any other Recipients a worldwide, royalty-free,
non-exclusive license, under any Recipient Patents, to make, have
made, use, sell, offer for sale, import and/or otherwise transfer
the Original Code and/or any Modifications provided by SGI.
2.3. No License For Hardware Implementations. The licenses granted in
Section 2.1 and 2.2 are not applicable to implementation in
Hardware of the algorithms embodied in the Original Code or any
Modifications provided by SGI .
3. Redistributions.
3.1. 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’
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.
3.2. Alternative License. Provided that Recipient is in compliance with
the terms of this License, Recipient may, so long as without
derogation of any of SGI’
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’
license of Recipient’
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. It is emphasized that this License is a limited license, and,
regardless of the license form employed by Recipient in accordance
with this Section 3.2, Recipient may relicense only such rights, in
Original Code and Modifications by SGI, as it has actually been
granted by SGI in this License.
3.3. 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. There are various worldwide
laws, regulations, and executive orders applicable to dispositions
of Covered Code, including without limitation export, re-export, and
import control laws, regulations, and executive orders, of the U.S.
government and other countries, and Recipient is reminded it is
obliged to obey such laws, regulations, and executive orders.
Recipient may not distribute Covered Code that (i) in any way
infringes (directly or contributorily) any 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 that 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 1.1 (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
Amphitheatre 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
Copyright (C) [dates of first publication] Silicon Graphics, Inc. All Rights
Reserved.
Additional Notice Provisions: [such additional provisions, if any, as
appear in the Notice in the Original Code under the heading "Addition al
Notice Provisions"]
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to de al in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice including the dates of first publication and either
this permission notice or a reference to http://oss.sgi.com/projects/FreeB/
shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
IN THE SOFTWARE.
Except as contained in this notice, the name of Silicon Graphics, Inc. shall
not be used in advertising or otherwise to promote the sale, use or other
dealings in this Software without prior written authorization from Silicon
Graphics, Inc.
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