~ubuntu-branches/ubuntu/breezy/libx11/breezy : revision 2

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Licenses

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The XFree86 Project

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January 2002

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1. XFree86 License

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XFree86 code without an explicit copyright is covered by the following copy-

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right/license:

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Permission is hereby granted, free of charge, to any person obtaining a copy

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of this software and associated documentation files (the "Software"), to deal

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in the Software without restriction, including without limitation the rights

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to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

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copies of the Software, and to permit persons to whom the Software is fur-

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nished to do so, subject to the following conditions:

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The above copyright notice and this permission notice shall be included in

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all copies or substantial portions of the Software.

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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

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IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-

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NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

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XFREE86 PROJECT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER

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IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CON-

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NECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Except as contained in this notice, the name of the XFree86 Project shall not

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be used in advertising or otherwise to promote the sale, use or other deal-

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ings in this Software without prior written authorization from the XFree86

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Project.

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2. Other Licenses

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Portions of code are covered by the following licenses/copyrights. See indi-

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vidual files for the copyright dates.

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2.1 X/MIT Copyrights

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2.1.1 X Consortium

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Copyright (C) <date> X Consortium

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Permission is hereby granted, free of charge, to any person obtaining a copy

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of this software and associated documentation files (the "Software"), to deal

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in the Software without restriction, including without limitation the rights

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to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

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copies of the Software, and to permit persons to whom the Software is fur-

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nished to do so, subject to the following conditions:

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The above copyright notice and this permission notice shall be included in

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all copies or substantial portions of the Software.

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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

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IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-

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NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE X

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CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

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ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION

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WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Except as contained in this notice, the name of the X Consortium shall not be

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used in advertising or otherwise to promote the sale, use or other dealings

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in this Software without prior written authorization from the X Consortium.

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X Window System is a trademark of X Consortium, Inc.

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2.1.2 The Open Group

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Copyright <date> The Open Group

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Permission to use, copy, modify, distribute, and sell this software and its

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documentation for any purpose is hereby granted without fee, provided that

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the above copyright notice appear in all copies and that both that copyright

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notice and this permission notice appear in supporting documentation.

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The above copyright notice and this permission notice shall be included in

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all copies or substantial portions of the Software.

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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

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IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-

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NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

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OPEN GROUP BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN

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ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION

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WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Except as contained in this notice, the name of The Open Group shall not be

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used in advertising or otherwise to promote the sale, use or other dealings

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in this Software without prior written authorization from The Open Group.

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2.2 Berkeley-based copyrights:

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2.2.1 General

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Redistribution and use in source and binary forms, with or without modifica-

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tion, are permitted provided that the following conditions are met:

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1. Redistributions of source code must retain the above copyright notice,

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this list of conditions and the following disclaimer.

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2. Redistributions in binary form must reproduce the above copyright

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notice, this list of conditions and the following disclaimer in the

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documentation and/or other materials provided with the distribution.

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3. The name of the author may not be used to endorse or promote products

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derived from this software without specific prior written permission.

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THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED

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WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER-

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CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO

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EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPE-

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CIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,

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PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;

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OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,

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WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTH-

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ERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED

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OF THE POSSIBILITY OF SUCH DAMAGE.

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2.2.2 UCB/LBL

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reserved.

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This software was developed by the Computer Systems Engineering group at

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Lawrence Berkeley Laboratory under DARPA contract BG 91-66 and contributed to

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Berkeley.

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All advertising materials mentioning features or use of this software must

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display the following acknowledgement: This product includes software devel-

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oped by the University of California, Lawrence Berkeley Laboratory.

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Redistribution and use in source and binary forms, with or without modifica-

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tion, are permitted provided that the following conditions are met:

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1. Redistributions of source code must retain the above copyright notice,

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this list of conditions and the following disclaimer.

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2. Redistributions in binary form must reproduce the above copyright

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notice, this list of conditions and the following disclaimer in the

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documentation and/or other materials provided with the distribution.

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3. All advertising materials mentioning features or use of this software

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must display the following acknowledgement: This product includes soft-

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ware developed by the University of California, Berkeley and its con-

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tributors.

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4. Neither the name of the University nor the names of its contributors

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may be used to endorse or promote products derived from this software

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without specific prior written permission.

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THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY

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EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DIS-

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CLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY

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DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES

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(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

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LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND

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ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS

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SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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2.3 NVIDIA Corp

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NOTICE TO USER: The source code is copyrighted under U.S. and international

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laws. NVIDIA, Corp. of Sunnyvale, California owns the copyright and as

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design patents pending on the design and interface of the NV chips. Users

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and possessors of this source code are hereby granted a nonexclusive, roy-

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alty-free copyright and design patent license to use this code in individual

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and commercial software.

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Any use of this source code must include, in the user documentation and

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internal comments to the code, notices to the end user as follows:

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and foreign countries.

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NVIDIA, CORP. MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THIS SOURCE

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CODE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WAR-

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RANTY OF ANY KIND. NVIDIA, CORP. DISCLAIMS ALL WARRANTIES WITH REGARD TO

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THIS SOURCE CODE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND

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FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NVIDIA, CORP. BE LIABLE

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FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAM-

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AGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN

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ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN

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CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOURCE CODE.

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2.4 GLX Public License

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GLX PUBLIC LICENSE (Version 1.0 (2/11/99)) ("License")

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Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby

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grants permission to Recipient (defined below), under Recipient's copyrights

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in the Original Software (defined below), to use, copy, modify, merge, pub-

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lish, distribute, sublicense and/or sell copies of Subject Software (defined

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below), and to permit persons to whom the Subject Software is furnished in

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accordance with this License to do the same, subject to all of the following

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terms and conditions, which Recipient accepts by engaging in any such use,

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copying, modifying, merging, publishing, distributing, sublicensing or sell-

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ing:

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1. Definitions.

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(a) "Original Software" means source code of computer software code

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which is described in Exhibit A as Original Software.

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(b) "Modifications" means any addition to or deletion from the sub-

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stance or structure of either the Original Software or any previous

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Modifications. When Subject Software is released as a series of

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files, a Modification means (i) any addition to or deletion from

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the contents of a file containing Original Software or previous

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Modifications and (ii) any new file that contains any part of the

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Original Code or previous Modifications.

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(c) "Subject Software" means the Original Software or Modifications

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or the combination of the Original Software and Modifications, or

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portions of any of the foregoing.

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(d) "Recipient" means an individual or a legal entity exercising

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rights under, and complying with all of the terms of, this License.

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For legal entities, "Recipient" includes any entity which controls,

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is controlled by, or is under common control with Recipient. For

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purposes of this definition, "control" of an entity means (a) the

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power, direct or indirect, to direct or manage such entity, or (b)

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ownership of fifty percent (50%) or more of the outstanding shares

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or beneficial ownership of such entity.

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2. Redistribution of Source Code Subject to These Terms. Redistributions of

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Subject Software in source code form must retain the notice set forth in

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Exhibit A, below, in every file. A copy of this License must be included in

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any documentation for such Subject Software where the recipients' rights

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relating to Subject Software are described. Recipient may distribute the

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source code version of Subject Software under a license of Recipient's

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choice, which may contain terms different from this License, provided that

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(i) Recipient is in compliance with the terms of this License, and (ii) the

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license terms include this Section 2 and Sections 3, 4, 7, 8, 10, 12 and 13

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of this License, which terms may not be modified or superseded by any other

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terms of such license. If Recipient distributes the source code version under

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a different license Recipient must make it absolutely clear that any terms

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which differ from this License are offered by Recipient alone, not by SGI.

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Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as

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a result of any such terms Recipient offers.

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3. Redistribution in Executable Form. The notice set forth in Exhibit A must

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be conspicuously included in any notice in an executable version of Subject

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Software, related documentation or collateral in which Recipient describes

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the user's rights relating to the Subject Software. Recipient may distribute

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the executable version of Subject Software under a license of Recipient's

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choice, which may contain terms different from this License, provided that

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(i) Recipient is in compliance with the terms of this License, and (ii) the

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license terms include this Section 3 and Sections 4, 7, 8, 10, 12 and 13 of

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this License, which terms may not be modified or superseded by any other

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terms of such license. If Recipient distributes the executable version under

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a different license Recipient must make it absolutely clear that any terms

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which differ from this License are offered by Recipient alone, not by SGI.

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Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as

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a result of any such terms Recipient offers.

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4. Termination. This License and the rights granted hereunder will terminate

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automatically if Recipient fails to comply with terms herein and fails to

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cure such breach within 30 days of the breach. Any sublicense to the Subject

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Software which is properly granted shall survive any termination of this

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License absent termination by the terms of such sublicense. Provisions which,

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by their nature, must remain in effect beyond the termination of this License

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shall survive.

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5. No Trademark Rights. This License does not grant any rights to use any

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trade name, trademark or service mark whatsoever. No trade name, trademark or

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service mark of SGI may be used to endorse or promote products derived from

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the Subject Software without prior written permission of SGI.

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6. No Other Rights. This License does not grant any rights with respect to

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the OpenGL API or to any software or hardware implementation thereof or to

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any other software whatsoever, nor shall any other rights or licenses not

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expressly granted hereunder arise by implication, estoppel or otherwise with

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respect to the Subject Software. Title to and ownership of the Original Soft-

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ware at all times remains with SGI. All rights in the Original Software not

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expressly granted under this License are reserved.

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7. Compliance with Laws; Non-Infringement. Recipient shall comply with all

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applicable laws and regulations in connection with use and distribution of

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the Subject Software, including but not limited to, all export and import

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control laws and regulations of the U.S. government and other countries.

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Recipient may not distribute Subject Software that (i) in any way infringes

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(directly or contributorily) the rights (including patent, copyright, trade

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secret, trademark or other intellectual property rights of any kind) of any

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other person or entity or (ii) breaches any representation or warranty,

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express, implied or statutory, which under any applicable law it might be

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deemed to have been distributed.

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8. Claims of Infringement. If Recipient at any time has knowledge of any one

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or more third party claims that reproduction, modification, use, distribu-

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tion, import or sale of Subject Software (including particular functionality

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or code incorporated in Subject Software) infringes the third party's intel-

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lectual property rights, Recipient must place in a well-identified web page

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bearing the title "LEGAL" a description of each such claim and a description

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of the party making each such claim in sufficient detail that a user of the

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Subject Software will know whom to contact regarding the claim. Also, upon

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gaining such knowledge of any such claim, Recipient must conspicuously

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include the URL for such web page in the Exhibit A notice required under Sec-

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tions 2 and 3, above, and in the text of any related documentation, license

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agreement or collateral in which Recipient describes end user's rights relat-

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ing to the Subject Software. If Recipient obtains such knowledge after it

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makes Subject Software available to any other person or entity, Recipient

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shall take other steps (such as notifying appropriate mailing lists or news-

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groups) reasonably calculated to inform those who received the Subject Soft-

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ware that new knowledge has been obtained.

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9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,

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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT

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LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-

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CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. SGI ASSUMES NO

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RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE

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PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-

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VICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

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ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED

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HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

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10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-

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ORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-

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BILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR

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ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY

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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK

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STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF

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THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY

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TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO

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THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

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NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,

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SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.

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11. Indemnity. Recipient shall be solely responsible for damages arising,

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directly or indirectly, out of its utilization of rights under this License.

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Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.

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from and against any loss, liability, damages, costs or expenses (including

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the payment of reasonable attorneys fees) arising out of Recipient's use,

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modification, reproduction and distribution of the Subject Software or out of

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any representation or warranty made by Recipient.

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12. U.S. Government End Users. The Subject Software is a "commercial item"

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consisting of "commercial computer software" as such terms are defined in

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title 48 of the Code of Federal Regulations and all U.S. Government End

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Users acquire only the rights set forth in this License and are subject to

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the terms of this License.

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13. Miscellaneous. This License represents the complete agreement concerning

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subject matter hereof. If any provision of this License is held to be unen-

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forceable, such provision shall be reformed so as to achieve as nearly as

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possible the same economic effect as the original provision and the remainder

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of this License will remain in effect. This License shall be governed by and

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construed in accordance with the laws of the United States and the State of

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California as applied to agreements entered into and to be performed entirely

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within California between California residents. Any litigation relating to

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this License shall be subject to the exclusive jurisdiction of the Federal

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Courts of the Northern District of California (or, absent subject matter

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jurisdiction in such courts, the courts of the State of California), with

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venue lying exclusively in Santa Clara County, California, with the losing

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party responsible for costs, including without limitation, court costs and

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reasonable attorneys fees and expenses. The application of the United Nations

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Convention on Contracts for the International Sale of Goods is expressly

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excluded. Any law or regulation which provides that the language of a con-

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tract shall be construed against the drafter shall not apply to this License.

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Exhibit A

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The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 and

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13 of the GLX Public License Version 1.0 (the "License"). You may not use

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this file except in compliance with those sections of the License. You may

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obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services,

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2011 N. Shoreline Blvd., Mountain View, CA 94043 or at

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http://www.sgi.com/software/opensource/glx/license.html.

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Software distributed under the License is distributed on an "AS IS" basis.

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ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

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WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-

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INFRINGEMENT. See the License for the specific language governing rights and

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limitations under the License.

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The Original Software is GLX version 1.2 source code, released February,

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1999. The developer of the Original Software is Silicon Graphics, Inc. Those

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portions of the Subject Software created by Silicon Graphics, Inc. are Copy-

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2.5 CID Font Code Public License

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CID FONT CODE PUBLIC LICENSE (Version 1.0 (3/31/99))("License")

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Subject to any applicable third party claims, Silicon Graphics, Inc. ("SGI")

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hereby grants permission to Recipient (defined below), under SGI's copyrights

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in the Original Software (defined below), to use, copy, modify, merge, pub-

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lish, distribute, sublicense and/or sell copies of Subject Software (defined

395

below) in both source code and executable form, and to permit persons to whom

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the Subject Software is furnished in accordance with this License to do the

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same, subject to all of the following terms and conditions, which Recipient

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accepts by engaging in any such use, copying, modifying, merging, publica-

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tion, distributing, sublicensing or selling:

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1. Definitions.

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a. "Original Software" means source code of computer software code

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that is described in Exhibit A as Original Software.

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b. "Modifications" means any addition to or deletion from the sub-

407

stance or structure of either the Original Software or any previous

408

Modifications. When Subject Software is released as a series of

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files, a Modification means (i) any addition to or deletion from

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the contents of a file containing Original Software or previous

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Modifications and (ii) any new file that contains any part of the

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Original Code or previous Modifications.

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c. "Subject Software" means the Original Software or Modifications

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or the combination of the Original Software and Modifications, or

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portions of any of the foregoing.

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d. "Recipient" means an individual or a legal entity exercising

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rights under the terms of this License. For legal entities, "Recip-

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ient" includes any entity that controls, is controlled by, or is

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under common control with Recipient. For purposes of this defini-

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tion, "control" of an entity means (i) the power, direct or indi-

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rect, to direct or manage such entity, or (ii) ownership of fifty

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percent (50%) or more of the outstanding shares or beneficial own-

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ership of such entity.

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e. "Required Notice" means the notice set forth in Exhibit A to

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this License.

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f. "Accompanying Technology" means any software or other technology

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that is not a Modification and that is distributed or made publicly

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available by Recipient with the Subject Software. Separate soft-

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ware files that do not contain any Original Software or any previ-

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ous Modification shall not be deemed a Modification, even if such

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software files are aggregated as part of a product, or in any

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medium of storage, with any file that does contain Original Soft-

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ware or any previous Modification.

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2. License Terms. All distribution of the Subject Software must be made sub-

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ject to the terms of this License. A copy of this License and the Required

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Notice must be included in any documentation for Subject Software where

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Recipient's rights relating to Subject Software and/or any Accompanying Tech-

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nology are described. Distributions of Subject Software in source code form

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must also include the Required Notice in every file distributed. In addition,

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a ReadMe file entitled "Important Legal Notice" must be distributed with each

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distribution of one or more files that incorporate Subject Software. That

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file must be included with distributions made in both source code and exe-

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cutable form. A copy of the License and the Required Notice must be included

449

in that file. Recipient may distribute Accompanying Technology under a

450

license of Recipient's choice, which may contain terms different from this

451

License, provided that (i) Recipient is in compliance with the terms of this

452

License, (ii) such other license terms do not modify or supersede the terms

453

of this License as applicable to the Subject Software, (iii) Recipient hereby

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indemnifies SGI for any liability incurred by SGI as a result of the distri-

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bution of Accompanying Technology or the use of other license terms.

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3. Termination. This License and the rights granted hereunder will terminate

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automatically if Recipient fails to comply with terms herein and fails to

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cure such breach within 30 days of the breach. Any sublicense to the Subject

460

Software that is properly granted shall survive any termination of this

461

License absent termination by the terms of such sublicense. Provisions which,

462

by their nature, must remain in effect beyond the termination of this License

463

shall survive.

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4. Trademark Rights. This License does not grant any rights to use any trade

466

name, trademark or service mark whatsoever. No trade name, trademark or ser-

467

vice mark of SGI may be used to endorse or promote products derived from or

468

incorporating any Subject Software without prior written permission of SGI.

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5. No Other Rights. No rights or licenses not expressly granted hereunder

471

shall arise by implication, estoppel or otherwise. Title to and ownership of

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the Original Software at all times remains with SGI. All rights in the Origi-

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nal Software not expressly granted under this License are reserved.

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6. Compliance with Laws; Non-Infringement. Recipient shall comply with all

476

applicable laws and regulations in connection with use and distribution of

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the Subject Software, including but not limited to, all export and import

478

control laws and regulations of the U.S. government and other countries.

479

Recipient may not distribute Subject Software that (i) in any way infringes

480

(directly or contributorily) the rights (including patent, copyright, trade

481

secret, trademark or other intellectual property rights of any kind) of any

482

other person or entity, or (ii) breaches any representation or warranty,

483

express, implied or statutory, which under any applicable law it might be

484

deemed to have been distributed.

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7. Claims of Infringement. If Recipient at any time has knowledge of any one

487

or more third party claims that reproduction, modification, use, distribu-

488

tion, import or sale of Subject Software (including particular functionality

489

or code incorporated in Subject Software) infringes the third party's intel-

490

lectual property rights, Recipient must place in a well-identified web page

491

bearing the title "LEGAL" a description of each such claim and a description

492

of the party making each such claim in sufficient detail that a user of the

493

Subject Software will know whom to contact regarding the claim. Also, upon

494

gaining such knowledge of any such claim, Recipient must conspicuously

495

include the URL for such web page in the Required Notice, and in the text of

496

any related documentation, license agreement or collateral in which Recipient

497

describes end user's rights relating to the Subject Software. If Recipient

498

obtains such knowledge after it makes Subject Software available to any other

499

person or entity, Recipient shall take other steps (such as notifying appro-

500

priate mailing lists or newsgroups) reasonably calculated to provide such

501

knowledge to those who received the Subject Software.

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8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,

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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT

505

LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-

506

CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SGI ASSUMES NO

507

RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE

508

PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-

509

VICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

510

ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED

511

HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

512

513

9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,

514

WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY),

515

CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY

516

CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR

517

OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SUBJECT SOFTWARE OR

518

THE USE OR OTHER DEALINGS IN THE SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT

519

ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND

520

LIMITATION MAY NOT APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.

521

522

10. Indemnity. Recipient shall be solely responsible for damages arising,

523

directly or indirectly, out of its utilization of rights under this License.

524

Recipient will defend, indemnify and hold SGI and its successors and assigns

525

harmless from and against any loss, liability, damages, costs or expenses

526

(including the payment of reasonable attorneys fees) arising out of (Recipi-

527

ent's use, modification, reproduction and distribution of the Subject Soft-

528

ware or out of any representation or warranty made by Recipient.

529

530

11. U.S. Government End Users. The Subject Software is a "commercial item"

531

consisting of "commercial computer software" as such terms are defined in

532

title 48 of the Code of Federal Regulations and all U.S. Government End Users

533

acquire only the rights set forth in this License and are subject to the

534

terms of this License.

535

536

12. Miscellaneous. This License represents the complete agreement concerning

537

subject matter hereof. If any provision of this License is held to be unen-

538

forceable by any judicial or administrative authority having proper jurisdic-

539

tion with respect thereto, such provision shall be reformed so as to achieve

540

as nearly as possible the same economic effect as the original provision and

541

the remainder of this License will remain in effect. This License shall be

542

governed by and construed in accordance with the laws of the United States

543

and the State of California as applied to agreements entered into and to be

544

performed entirely within California between California residents. Any liti-

545

gation relating to this License shall be subject to the exclusive jurisdic-

546

tion of the Federal Courts of the Northern District of California (or, absent

547

subject matter jurisdiction in such courts, the courts of the State of Cali-

548

fornia), with venue lying exclusively in Santa Clara County, California, with

549

the losing party responsible for costs, including without limitation, court

550

costs and reasonable attorneys fees and expenses. The application of the

551

United Nations Convention on Contracts for the International Sale of Goods is

552

expressly excluded. Any law or regulation that provides that the language of

553

a contract shall be construed against the drafter shall not apply to this

554

License.

555

556

Exhibit A

557

558

559

560

The contents of this file are subject to the CID Font Code Public License

561

Version 1.0 (the "License"). You may not use this file except in compliance

562

with the License. You may obtain a copy of the License at Silicon Graphics,

563

Inc., attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043

564

or at http://www.sgi.com/software/opensource/cid/license.html

565

566

Software distributed under the License is distributed on an "AS IS" basis.

567

ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

568

WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-

569

INFRINGEMENT. See the License for the specific language governing rights and

570

limitations under the License.

571

572

The Original Software (as defined in the License) is CID font code that was

573

developed by Silicon Graphics, Inc. Those portions of the Subject Software

574

(as defined in the License) that were created by Silicon Graphics, Inc. are

575

576

577

[NOTE: When using this text in connection with Subject Software delivered

578

solely in object code form, Recipient may replace the words "this file" with

579

"this software" in both the first and second sentences.]

580

581

********************************************************************************

582

583

XFree86's LICENSE document does not appear to be completely

584

comprehensive.

585

586

Many files appear to be licensed under the "SGI FREE SOFTWARE

587

LICENSE B (Version 1.1 [02/22/2000])":

588

589

SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])

590

591

1. Definitions.

592

593

1.1. "Additional Notice Provisions" means such additional provisions as

594

appear in the Notice in Original Code under the heading "Additional

595

Notice Provisions."

596

597

1.2. "Covered Code" means the Original Code or Modifications, or any

598

combination thereof.

599

600

1.3. "Hardware" means any physical device that accepts input, processes

601

input, stores the results of processing, and/or provides output.

602

603

1.4. "Larger Work" means a work that combines Covered Code or portions

604

thereof with code not governed by the terms of this License.

605

606

1.5. "Licensable" means having the right to grant, to the maximum

607

extent possible, whether at the time of the initial grant or

608

subsequently acquired, any and all of the rights conveyed herein.

609

610

1.6. "License" means this document.

611

612

1.7. "Licensed Patents" means patent claims Licensable by SGI that are

613

infringed by the use or sale of Original Code or any Modifications

614

provided by SGI, or any combination thereof.

615

616

1.8. "Modifications" means any addition to or deletion from the

617

substance or structure of the Original Code or any previous

618

Modifications. When Covered Code is released as a series of files, a

619

Modification is:

620

621

A. Any addition to the contents of a file containing Original Code

622

and/or addition to or deletion from the contents of a file

623

containing previous Modifications.

624

625

B. Any new file that contains any part of the Original Code or

626

previous Modifications.

627

628

1.9. "Notice" means any notice in Original Code or Covered Code, as

629

required by and in compliance with this License.

630

631

1.10. "Original Code" means source code of computer software code that

632

is described in the source code Notice required by Exhibit A as

633

Original Code, and updates and error corrections specifically thereto.

634

635

1.11. "Recipient" means an individual or a legal entity exercising

636

rights under, and complying with all of the terms of, this License or a

637

future version of this License issued under Section 8. For legal

638

entities, "Recipient" includes any entity that controls, is controlled

639

by, or is under common control with Recipient. For purposes of this

640

definition, "control" of an entity means (a) the power, direct or

641

indirect, to direct or manage such entity, or (b) ownership of fifty

642

percent (50%) or more of the outstanding shares or beneficial ownership

643

of such entity.

644

645

1.12. "Recipient Patents" means patent claims Licensable by a Recipient

646

that are infringed by the use or sale of Original Code or any

647

Modifications provided by SGI, or any combination thereof.

648

649

1.13. "SGI" means Silicon Graphics, Inc.

650

651

1.14. "SGI Patents" means patent claims Licensable by SGI other than

652

the Licensed Patents.

653

654

2. License Grant and Restrictions.

655

656

2.1. SGI License Grant. Subject to the terms of this License and any

657

third party intellectual property claims, for the duration of

658

intellectual property protections inherent in the Original Code, SGI

659

hereby grants Recipient a worldwide, royalty-free, non-exclusive

660

license, to do the following: (i) under copyrights Licensable by SGI,

661

to reproduce, distribute, create derivative works from, and, to the

662

extent applicable, display and perform the Original Code and/or any

663

Modifications provided by SGI alone and/or as part of a Larger Work;

664

and (ii) under any Licensable Patents, to make, have made, use, sell,

665

offer for sale, import and/or otherwise transfer the Original Code

666

and/or any Modifications provided by SGI. Recipient accepts the terms

667

and conditions of this License by undertaking any of the aforementioned

668

actions. The patent license shall apply to the Covered Code if, at the

669

time any related Modification is added, such addition of the

670

Modification causes such combination to be covered by the Licensed

671

Patents. The patent license in Section 2.1(ii) shall not apply to any

672

other combinations that include the Modification. No patent license is

673

provided under SGI Patents for infringements of SGI Patents by

674

Modifications not provided by SGI or combinations of Original Code and

675

Modifications not provided by SGI.

676

677

2.2. Recipient License Grant. Subject to the terms of this License and

678

any third party intellectual property claims, Recipient hereby grants

679

SGI and any other Recipients a worldwide, royalty-free, non-exclusive

680

license, under any Recipient Patents, to make, have made, use, sell,

681

offer for sale, import and/or otherwise transfer the Original Code

682

and/or any Modifications provided by SGI.

683

684

2.3. No License For Hardware Implementations. The licenses granted in

685

Section 2.1 and 2.2 are not applicable to implementation in Hardware of

686

the algorithms embodied in the Original Code or any Modifications

687

provided by SGI .

688

689

3. Redistributions.

690

691

3.1. Retention of Notice/Copy of License. The Notice set forth in

692

Exhibit A, below, must be conspicuously retained or included in any and

693

all redistributions of Covered Code. For distributions of the Covered

694

Code in source code form, the Notice must appear in every file that can

695

include a text comments field; in executable form, the Notice and a

696

copy of this License must appear in related documentation or collateral

697

where the Recipient's rights relating to Covered Code are described.

698

Any Additional Notice Provisions which actually appears in the Original

699

Code must also be retained or included in any and all redistributions

700

of Covered Code.

701

702

3.2. Alternative License. Provided that Recipient is in compliance with

703

the terms of this License, Recipient may, so long as without derogation

704

of any of SGI's rights in and to the Original Code, distribute the

705

source code and/or executable version(s) of Covered Code under (1) this

706

License; (2) a license identical to this License but for only such

707

changes as are necessary in order to clarify Recipient's role as

708

licensor of Modifications; and/or (3) a license of Recipient's

709

choosing, containing terms different from this License, provided that

710

the license terms include this Section 3 and Sections 4, 6, 7, 10, 12,

711

and 13, which terms may not be modified or superseded by any other

712

terms of such license. If Recipient elects to use any license other

713

than this License, Recipient must make it absolutely clear that any of

714

its terms which differ from this License are offered by Recipient

715

alone, and not by SGI. It is emphasized that this License is a limited

716

license, and, regardless of the license form employed by Recipient in

717

accordance with this Section 3.2, Recipient may relicense only such

718

rights, in Original Code and Modifications by SGI, as it has actually

719

been granted by SGI in this License.

720

721

3.3. Indemnity. Recipient hereby agrees to indemnify SGI for any

722

liability incurred by SGI as a result of any such alternative license

723

terms Recipient offers.

724

725

4. Termination. This License and the rights granted hereunder will

726

terminate automatically if Recipient breaches any term herein and fails to

727

cure such breach within 30 days thereof. Any sublicense to the Covered Code

728

that is properly granted shall survive any termination of this License,

729

absent termination by the terms of such sublicense. Provisions that, by

730

their nature, must remain in effect beyond the termination of this License,

731

shall survive.

732

733

5. No Trademark Or Other Rights. This License does not grant any rights to:

734

(i) any software apart from the Covered Code, nor shall any other rights or

735

licenses not expressly granted hereunder arise by implication, estoppel or

736

otherwise with respect to the Covered Code; (ii) any trade name, trademark

737

or service mark whatsoever, including without limitation any related right

738

for purposes of endorsement or promotion of products derived from the

739

Covered Code, without prior written permission of SGI; or (iii) any title

740

to or ownership of the Original Code, which shall at all times remains with

741

SGI. All rights in the Original Code not expressly granted under this

742

License are reserved.

743

744

6. Compliance with Laws; Non-Infringement. There are various worldwide

745

laws, regulations, and executive orders applicable to dispositions of

746

Covered Code, including without limitation export, re-export, and import

747

control laws, regulations, and executive orders, of the U.S. government and

748

other countries, and Recipient is reminded it is obliged to obey such laws,

749

regulations, and executive orders. Recipient may not distribute Covered

750

Code that (i) in any way infringes (directly or contributorily) any

751

intellectual property rights of any kind of any other person or entity or

752

(ii) breaches any representation or warranty, express, implied or

753

statutory, to which, under any applicable law, it might be deemed to have

754

been subject.

755

756

7. Claims of Infringement. If Recipient learns of any third party claim

757

that any disposition of Covered Code and/or functionality wholly or

758

partially infringes the third party's intellectual property rights,

759

Recipient will promptly notify SGI of such claim.

760

761

8. Versions of the License. SGI may publish revised and/or new versions of

762

the License from time to time, each with a distinguishing version number.

763

Once Covered Code has been published under a particular version of the

764

License, Recipient may, for the duration of the license, continue to use it

765

under the terms of that version, or choose to use such Covered Code under

766

the terms of any subsequent version published by SGI. Subject to the

767

provisions of Sections 3 and 4 of this License, only SGI may modify the

768

terms applicable to Covered Code created under this License.

769

770

9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS

771

AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT

772

LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,

773

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND

774

NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF

775

THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI

776

ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS

777

DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY

778

COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.

779

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY,

780

WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT

781

LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE

782

FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF

783

ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,

784

WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND

785

ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

786

INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY

787

SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM

788

SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

789

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL

790

OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO

791

RECIPIENT.

792

793

11. Indemnity. Recipient shall be solely responsible for damages arising,

794

directly or indirectly, out of its utilization of rights under this

795

License. Recipient will defend, indemnify and hold harmless Silicon

796

Graphics, Inc. from and against any loss, liability, damages, costs or

797

expenses (including the payment of reasonable attorneys fees) arising out

798

of Recipient's use, modification, reproduction and distribution of the

799

Covered Code or out of any representation or warranty made by Recipient.

800

801

12. U.S. Government End Users. The Covered Code is a "commercial item"

802

consisting of "commercial computer software" as such terms are defined in

803

title 48 of the Code of Federal Regulations and all U.S. Government End

804

Users acquire only the rights set forth in this License and are subject to

805

the terms of this License.

806

807

13. Miscellaneous. This License represents the complete agreement

808

concerning the its subject matter. If any provision of this License is held

809

to be unenforceable, such provision shall be reformed so as to achieve as

810

nearly as possible the same legal and economic effect as the original

811

provision and the remainder of this License will remain in effect. This

812

License shall be governed by and construed in accordance with the laws of

813

the United States and the State of California as applied to agreements

814

entered into and to be performed entirely within California between

815

California residents. Any litigation relating to this License shall be

816

subject to the exclusive jurisdiction of the Federal Courts of the Northern

817

District of California (or, absent subject matter jurisdiction in such

818

courts, the courts of the State of California), with venue lying

819

exclusively in Santa Clara County, California, with the losing party

820

responsible for costs, including without limitation, court costs and

821

reasonable attorneys fees and expenses. The application of the United

822

Nations Convention on Contracts for the International Sale of Goods is

823

expressly excluded. Any law or regulation that provides that the language

824

of a contract shall be construed against the drafter shall not apply to

825

this License.

826

827

Exhibit A

828

829

License Applicability. Except to the extent portions of this file are made

830

subject to an alternative license as permitted in the SGI Free Software

831

License B, Version 1.1 (the "License"), the contents of this file are

832

subject only to the provisions of the License. You may not use this file

833

except in compliance with the License. You may obtain a copy of the License

834

at Silicon Graphics, Inc., attn: Legal Services, 1600 Amphitheatre Parkway,

835

Mountain View, CA 94043-1351, or at: http://oss.sgi.com/projects/FreeB

836

837

Note that, as provided in the License, the Software is distributed on an

838

"AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS

839

DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND

840

CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A

841

PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

842

843

Original Code. The Original Code is: [name of software, version number, and

844

release date], developed by Silicon Graphics, Inc. The Original Code is

845

Copyright (c) [dates of first publication, as appearing in the Notice in

846

the Original Code] Silicon Graphics, Inc. Copyright in any portions created

847

848

Additional Notice Provisions: [such additional provisions, if any, as

849

appear in the Notice in the Original Code under the heading "Additional

850

Notice Provisions"]

851

852

vim:set ai et sw=4 sts=4 tw=72: