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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
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copyrights in the Original Software (defined below), to use, copy,
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modify, merge, publish, distribute, sublicense and/or sell copies of
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Subject Software (defined below), and to permit persons to whom the
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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
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Recipient accepts by engaging in any such use, copying, modifying,
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merging, publishing, distributing, sublicensing or selling:
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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
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substance or structure of either the Original Software or any
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previous Modifications. When Subject Software is released as a
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series of files, a Modification means (i) any addition to or
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deletion from the contents of a file containing Original Software or
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previous Modifications and (ii) any new file that contains any part
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of the 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
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of Subject Software in source code form must retain the notice set forth
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in Exhibit A, below, in every file. A copy of this License must be
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included in any documentation for such Subject Software where the
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recipients' rights relating to Subject Software are described. Recipient
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may distribute the source code version of Subject Software under a
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license of Recipient's choice, which may contain terms different from
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this License, provided that (i) Recipient is in compliance with the
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terms of this License, and (ii) the license terms include this Section 2
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and Sections 3, 4, 7, 8, 10, 12 and 13 of this License, which terms may
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not be modified or superseded by any other terms of such license. If
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Recipient distributes the source code version under a different license
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Recipient must make it absolutely clear that any terms which differ from
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this License are offered by Recipient alone, not by SGI. Recipient
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hereby agrees to indemnify SGI for any liability incurred by SGI as a
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result of any such terms Recipient offers.
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3. Redistribution in Executable Form. The notice set forth in Exhibit A
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must be conspicuously included in any notice in an executable version of
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Subject Software, related documentation or collateral in which Recipient
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describes the user's rights relating to the Subject Software. Recipient
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may distribute the executable version of Subject Software under a
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license of Recipient's choice, which may contain terms different from
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this License, provided that (i) Recipient is in compliance with the
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terms of this License, and (ii) the license terms include this Section 3
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and Sections 4, 7, 8, 10, 12 and 13 of this License, which terms may not
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be modified or superseded by any other terms of such license. If
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Recipient distributes the executable version under a different license
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Recipient must make it absolutely clear that any terms which differ from
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this License are offered by Recipient alone, not by SGI. Recipient
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hereby agrees to indemnify SGI for any liability incurred by SGI as a
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result of any such terms Recipient offers.
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4. Termination. This License and the rights granted hereunder will
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terminate automatically if Recipient fails to comply with terms herein
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and fails to cure such breach within 30 days of the breach. Any
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sublicense to the Subject Software which is properly granted shall
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survive any termination of this License absent termination by the terms
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of such sublicense. Provisions which, by their nature, must remain in
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effect beyond the termination of this License shall survive.
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5. No Trademark Rights. This License does not grant any rights to use
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any trade name, trademark or service mark whatsoever. No trade name,
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trademark or service mark of SGI may be used to endorse or promote
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products derived from the Subject Software without prior written
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6. No Other Rights. This License does not grant any rights with respect
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to the OpenGL API or to any software or hardware implementation thereof
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or to any other software whatsoever, nor shall any other rights or
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licenses not expressly granted hereunder arise by implication, estoppel
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or otherwise with respect to the Subject Software. Title to and
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ownership of the Original Software at all times remains with SGI. All
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rights in the Original Software not expressly granted under this License
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7. Compliance with Laws; Non-Infringement. Recipient shall comply with
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all applicable laws and regulations in connection with use and
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distribution of the Subject Software, including but not limited to, all
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export and import control laws and regulations of the U.S. government
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and other countries. Recipient may not distribute Subject Software that
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(i) in any way infringes (directly or contributorily) the rights
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(including patent, copyright, trade secret, trademark or other
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intellectual property rights of any kind) of any other person or entity
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or (ii) breaches any representation or warranty, express, implied or
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statutory, which under any applicable law it might be deemed to have
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8. Claims of Infringement. If Recipient at any time has knowledge of any
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one or more third party claims that reproduction, modification, use,
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distribution, import or sale of Subject Software (including particular
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functionality or code incorporated in Subject Software) infringes the
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third party's intellectual property rights, Recipient must place in a
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well-identified web page bearing the title "LEGAL" a description of each
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such claim and a description of the party making each such claim in
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sufficient detail that a user of the Subject Software will know whom to
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contact regarding the claim. Also, upon gaining such knowledge of any
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such claim, Recipient must conspicuously include the URL for such web
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page in the Exhibit A notice required under Sections 2 and 3, above, and
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in the text of any related documentation, license agreement or
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collateral in which Recipient describes end user's rights relating to
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the Subject Software. If Recipient obtains such knowledge after it makes
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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
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newsgroups) reasonably calculated to inform those who received the
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Subject Software that new knowledge has been obtained.
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9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS"
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BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS
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FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-
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INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE
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SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI
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ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION.
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER.
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10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
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THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
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STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR
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BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
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OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
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LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE
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TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
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11. Indemnity. Recipient shall be solely responsible for damages
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arising, directly or indirectly, out of its utilization of rights under
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this License. Recipient will defend, indemnify and hold harmless Silicon
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Graphics, Inc. from and against any loss, liability, damages, costs or
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expenses (including the payment of reasonable attorneys fees) arising
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out of Recipient's use, modification, reproduction and distribution of
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the Subject Software or out of any representation or warranty made by
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12. U.S. Government End Users. The Subject Software is a "commercial
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item" consisting of "commercial computer software" as such terms are
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defined in title 48 of the Code of Federal Regulations and all U.S.
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Government End Users acquire only the rights set forth in this License
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and are subject to the terms of this License.
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13. Miscellaneous. This License represents the complete agreement
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concerning subject matter hereof. If any provision of this License is
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held to be unenforceable, such provision shall be reformed so as to
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achieve as nearly as possible the same economic effect as the original
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provision and the remainder of this License will remain in effect. This
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License shall be governed by and construed in accordance with the laws
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of the United States and the State of California as applied to
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agreements entered into and to be performed entirely within California
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between California residents. Any litigation relating to this License
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shall be subject to the exclusive jurisdiction of the Federal Courts of
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the Northern District of California (or, absent subject matter
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jurisdiction in such courts, the courts of the State of California),
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with venue lying exclusively in Santa Clara County, California, with the
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losing party responsible for costs, including without limitation, court
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costs and reasonable attorneys fees and expenses. The application of the
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United Nations Convention on Contracts for the International Sale of
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Goods is expressly excluded. Any law or regulation which provides that
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the language of a contract shall be construed against the drafter shall
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not apply to this License.
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The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12
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and 13 of the GLX Public License Version 1.0 (the "License"). You may
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not use this file except in compliance with those sections of the
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License. You may obtain a copy of the License at Silicon Graphics, Inc.,
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attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043
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or at http://www.sgi.com/software/opensource/glx/license.html.
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Software distributed under the License is distributed on an "AS IS"
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basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY
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IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
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PURPOSE OR OF NON- INFRINGEMENT. See the License for the specific
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language governing rights and 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.
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Those portions of the Subject Software created by Silicon Graphics, Inc.
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are Copyright (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.
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doc/glx.txt
