path: root/licenses/SGI-B-1.0.txt

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"]