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Some files, as listed below, are made available under the SGI Free B
66
66
license. This license is as follows:
68
SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])
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1.1. "Additional Notice Provisions" means such additional provisions as
73
appear in the Notice in Original Code under the heading "Additional
76
1.2. "Covered Code" means the Original Code or Modifications, or any
79
1.3. "Hardware" means any physical device that accepts input, processes
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input, stores the results of processing, and/or provides output.
82
1.4. "Larger Work" means a work that combines Covered Code or portions
83
thereof with code not governed by the terms of this License.
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1.5. "Licensable" means having the right to grant, to the maximum extent
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possible, whether at the time of the initial grant or subsequently
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acquired, any and all of the rights conveyed herein.
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1.6. "License" means this document.
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1.7. "Licensed Patents" means patent claims Licensable by SGI that are
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infringed by the use or sale of Original Code or any Modifications
93
provided by SGI, or any combination thereof.
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1.8. "Modifications" means any addition to or deletion from the
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substance or structure of the Original Code or any previous
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Modifications. When Covered Code is released as a series of files,
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A. Any addition to the contents of a file containing Original Code
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and/or addition to or deletion from the contents of a file
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containing previous Modifications.
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B. Any new file that contains any part of the Original Code or
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previous Modifications.
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1.9. "Notice" means any notice in Original Code or Covered Code, as
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required by and in compliance with this License.
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1.10. "Original Code" means source code of computer software code that
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is described in the source code Notice required by Exhibit A as
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Original Code, and updates and error corrections specifically
115
1.11. "Recipient" means an individual or a legal entity exercising
116
rights under, and complying with all of the terms of, this License
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or a future version of this License issued under Section 8. For
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legal entities, "Recipient" includes any entity that controls, is
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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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1.12. "Recipient Patents" means patent claims Licensable by a Recipient
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that are infringed by the use or sale of Original Code or any
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Modifications provided by SGI, or any combination thereof.
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1.13. "SGI" means Silicon Graphics, Inc.
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1.14. "SGI Patents" means patent claims Licensable by SGI other than the
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2. License Grant and Restrictions.
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2.1. SGI License Grant. Subject to the terms of this License and any
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third party intellectual property claims, for the duration of
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intellectual property protections inherent in the Original Code,
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SGI hereby grants Recipient a worldwide, royalty-free,
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non-exclusive license, to do the following: (i) under copyrights
141
Licensable by SGI, to reproduce, distribute, create derivative
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works from, and, to the extent applicable, display and perform the
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Original Code and/or any Modifications provided by SGI alone and/or
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as part of a Larger Work; and (ii) under any Licensable Patents, to
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make, have made, use, sell, offer for sale, import and/or otherwise
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transfer the Original Code and/or any Modifications provided by
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SGI. Recipient accepts the terms and conditions of this License by
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undertaking any of the aforementioned actions. The patent license
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shall apply to the Covered Code if, at the time any related
150
Modification is added, such addition of the Modification causes
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such combination to be covered by the Licensed Patents. The patent
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license in Section 2.1(ii) shall not apply to any other
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combinations that include the Modification. No patent license is
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provided under SGI Patents for infringements of SGI Patents by
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Modifications not provided by SGI or combinations of Original Code
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and Modifications not provided by SGI.
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2.2. Recipient License Grant. Subject to the terms of this License and
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any third party intellectual property claims, Recipient hereby
160
grants SGI and any other Recipients a worldwide, royalty-free,
161
non-exclusive license, under any Recipient Patents, to make, have
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made, use, sell, offer for sale, import and/or otherwise transfer
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the Original Code and/or any Modifications provided by SGI.
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2.3. No License For Hardware Implementations. The licenses granted in
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Section 2.1 and 2.2 are not applicable to implementation in
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Hardware of the algorithms embodied in the Original Code or any
168
Modifications provided by SGI .
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3.1. Retention of Notice/Copy of License. The Notice set forth in
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Exhibit A, below, must be conspicuously retained or included in any
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and all redistributions of Covered Code. For distributions of the
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Covered Code in source code form, the Notice must appear in every
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file that can include a text comments field; in executable form,
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the Notice and a copy of this License must appear in related
178
documentation or collateral where the Recipient’s rights relating
179
to Covered Code are described. Any Additional Notice Provisions
180
which actually appears in the Original Code must also be retained
181
or included in any and all redistributions of Covered Code.
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3.2. Alternative License. Provided that Recipient is in compliance with
184
the terms of this License, Recipient may, so long as without
185
derogation of any of SGI’s rights in and to the Original Code,
186
distribute the source code and/or executable version(s) of Covered
187
Code under (1) this License; (2) a license identical to this
188
License but for only such changes as are necessary in order to
189
clarify Recipient’s role as licensor of Modifications; and/or (3) a
190
license of Recipient’s choosing, containing terms different from
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this License, provided that the license terms include this Section
192
3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be
193
modified or superseded by any other terms of such license. If
194
Recipient elects to use any license other than this License,
195
Recipient must make it absolutely clear that any of its terms which
196
differ from this License are offered by Recipient alone, and not by
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SGI. It is emphasized that this License is a limited license, and,
198
regardless of the license form employed by Recipient in accordance
199
with this Section 3.2, Recipient may relicense only such rights, in
200
Original Code and Modifications by SGI, as it has actually been
201
granted by SGI in this License.
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3.3. Indemnity. Recipient hereby agrees to indemnify SGI for any
204
liability incurred by SGI as a result of any such alternative
205
license terms Recipient offers.
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4. Termination. This License and the rights granted hereunder will
208
terminate automatically if Recipient breaches any term herein and
209
fails to cure such breach within 30 days thereof. Any sublicense to
210
the Covered Code that is properly granted shall survive any
211
termination of this License, absent termination by the terms of such
212
sublicense. Provisions that, by their nature, must remain in effect
213
beyond the termination of this License, shall survive.
215
5. No Trademark Or Other Rights. This License does not grant any rights
216
to: (i) any software apart from the Covered Code, nor shall any
217
other rights or licenses not expressly granted hereunder arise by
218
implication, estoppel or otherwise with respect to the Covered Code;
219
(ii) any trade name, trademark or service mark whatsoever, including
220
without limitation any related right for purposes of endorsement or
221
promotion of products derived from the Covered Code, without prior
222
written permission of SGI; or (iii) any title to or ownership of the
223
Original Code, which shall at all times remains with SGI. All rights
224
in the Original Code not expressly granted under this License are
227
6. Compliance with Laws; Non-Infringement. There are various worldwide
228
laws, regulations, and executive orders applicable to dispositions
229
of Covered Code, including without limitation export, re-export, and
230
import control laws, regulations, and executive orders, of the U.S.
231
government and other countries, and Recipient is reminded it is
232
obliged to obey such laws, regulations, and executive orders.
233
Recipient may not distribute Covered Code that (i) in any way
234
infringes (directly or contributorily) any intellectual property
235
rights of any kind of any other person or entity or (ii) breaches
236
any representation or warranty, express, implied or statutory, to
237
which, under any applicable law, it might be deemed to have been
240
7. Claims of Infringement. If Recipient learns of any third party claim
241
that any disposition of Covered Code and/or functionality wholly or
242
partially infringes the third party's intellectual property rights,
243
Recipient will promptly notify SGI of such claim.
245
8. Versions of the License. SGI may publish revised and/or new versions
246
of the License from time to time, each with a distinguishing version
247
number. Once Covered Code has been published under a particular
248
version of the License, Recipient may, for the duration of the
249
license, continue to use it under the terms of that version, or
250
choose to use such Covered Code under the terms of any subsequent
251
version published by SGI. Subject to the provisions of Sections 3
252
and 4 of this License, only SGI may modify the terms applicable to
253
Covered Code created under this License.
255
9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL
256
EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED,
257
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS
258
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
259
PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY
260
AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE
261
IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING,
262
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL
263
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
264
HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
266
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY,
267
WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
268
LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR
269
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
270
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
271
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF
272
DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
273
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
274
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
275
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
276
RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW
277
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
278
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
279
THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
281
11. Indemnity. Recipient shall be solely responsible for damages
282
arising, directly or indirectly, out of its utilization of rights
283
under this License. Recipient will defend, indemnify and hold
284
harmless Silicon Graphics, Inc. from and against any loss,
285
liability, damages, costs or expenses (including the payment of
286
reasonable attorneys fees) arising out of Recipient's use,
287
modification, reproduction and distribution of the Covered Code or
288
out of any representation or warranty made by Recipient.
290
12. U.S. Government End Users. The Covered Code is a "commercial item"
291
consisting of "commercial computer software" as such terms are
292
defined in title 48 of the Code of Federal Regulations and all U.S.
293
Government End Users acquire only the rights set forth in this
294
License and are subject to the terms of this License.
296
13. Miscellaneous. This License represents the complete agreement
297
concerning the its subject matter. If any provision of this License
298
is held to be unenforceable, such provision shall be reformed so as
299
to achieve as nearly as possible the same legal and economic effect
300
as the original provision and the remainder of this License will
301
remain in effect. This License shall be governed by and construed
302
in accordance with the laws of the United States and the State of
303
California as applied to agreements entered into and to be
304
performed entirely within California between California residents.
305
Any litigation relating to this License shall be subject to the
306
exclusive jurisdiction of the Federal Courts of the Northern
307
District of California (or, absent subject matter jurisdiction in
308
such courts, the courts of the State of California), with venue
309
lying exclusively in Santa Clara County, California, with the
310
losing party responsible for costs, including without limitation,
311
court costs and reasonable attorneys fees and expenses. The
312
application of the United Nations Convention on Contracts for the
313
International Sale of Goods is expressly excluded. Any law or
314
regulation that provides that the language of a contract shall be
315
construed against the drafter shall not apply to this License.
319
License Applicability. Except to the extent portions of this file are
320
made subject to an alternative license as permitted in the SGI Free
321
Software License B, Version 1.1 (the "License"), the contents of this
322
file are subject only to the provisions of the License. You may not use
323
this file except in compliance with the License. You may obtain a copy
324
of the License at Silicon Graphics, Inc., attn: Legal Services, 1600
325
Amphitheatre Parkway, Mountain View, CA 94043-1351, or at:
327
http://oss.sgi.com/projects/FreeB
329
Note that, as provided in the License, the Software is distributed on an
330
"AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS
331
DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND
332
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
333
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
335
Original Code. The Original Code is: [name of software, version number,
336
and release date], developed by Silicon Graphics, Inc. The Original Code
337
is Copyright (c) [dates of first publication, as appearing in the Notice
338
in the Original Code] Silicon Graphics, Inc. Copyright in any portions
339
created by third parties is as indicated elsewhere herein. All Rights
68
SGI FREE SOFTWARE LICENSE B (Version 2.0, Sept. 18, 2008)
70
Copyright (C) [dates of first publication] Silicon Graphics, Inc. All Rights
342
Additional Notice Provisions: [such additional provisions, if any, as
343
appear in the Notice in the Original Code under the heading "Additional
73
Permission is hereby granted, free of charge, to any person obtaining a copy of
74
this software and associated documentation files (the "Software"), to deal in
75
the Software without restriction, including without limitation the rights to
76
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
77
of the Software, and to permit persons to whom the Software is furnished to do
78
so, subject to the following conditions:
79
The above copyright notice including the dates of first publication and either
80
this permission notice or a reference to http://oss.sgi.com/projects/FreeB/
81
shall be included in all copies or substantial portions of the Software.
82
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
83
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
84
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
85
NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE
86
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
87
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
88
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
90
Except as contained in this notice, the name of Silicon Graphics, Inc. shall
91
not be used in advertising or otherwise to promote the sale, use or other
92
dealings in this Software without prior written authorization from Silicon
346
95
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