Licenses
: SGI Free Software License B Version 1.1 (GLX)
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9. SGI Free Software License B Version 1.1 (GLX)
Note: The definitive and binding form of this license is the form
available from SGI's web site at http://oss.sgi.com/projects/FreeB, and the source code notices
contained in the relevant source files.
1. Definitions.
1.1. "Additional Notice Provisions" means such additional
provisions as appear in the Notice in Original Code under the heading
"Additional Notice Provisions."
1.2. "Covered Code" means the Original Code or Modifications,
or any combination thereof.
1.3. "Hardware" means any physical device that accepts input,
processes input, stores the results of processing, and/or provides
output.
1.4. "Larger Work" means a work that combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.5. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights covered herein.
1.6. "License" means this document.
1.7. "Licensed Patents" means patent claims Licensable by SGI
that are infringed by the use or sale of Original Code or any Modifications
provided by SGI, or any combination thereof.
1.8. "Modifications" means any addition to or deletion from
the substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to the contents of a file containing Original
code and/or addition to or deletion from the contents of a file
containing previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.9. "Notice" means any notice in Original Code or Covered Code,
as required by and in compliance with this License.
1.10. "Original Code" means source code of computer software
code that is described in the source code Notice required by Exhibit A
as Original Code, and updates the error corrections specifically thereto.
1.11. "Recipient" means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or
a future version of this License issued under Section 8. For legal
entities, "Recipient" includes any entity that controls, is controlled
by, or is under common control with Recipient. For purposes of this
definition, "control" of an entity means (a) the power, direct or
indirect, to direct or manage such entity, or (b) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
1.12. "Recipient Patents" means patent claims Licensable by a
Recipient that are infringed by the use of sale of Original Code or any
Modifications provided by SGI, or any combination thereof.
1.13. "SGI" means Silicon Graphics, Inc.
1.14. "SGI Patents" means patent claims Licensable by SGI other
than the Licenses Patents.
2. License Grant and Restrictions.
2.1. SGI License Grant. Subject to the terms of this License
and any third party intellectual property claims, for the duration of
intellectual property protections inherent in the Original Code, SGI
hereby grants Recipient a worldwide, royalty-free, non-exclusive license,
to do the following: (i) under copyrights Licensable by SGI, to reproduce,
distribute, create derivative works from, and, to the extent applicable,
display and perform the Original Code and/or any Modifications provided
by SGI alone and/or as part of a Larger Work; and (ii) under any Licensable
Patents, to make, have made, use, sell, offer for sale, import and/or
otherwise transfer the Original Code and/or any Modifications provided
by SGI. Recipient accepts the terms and conditions of this License by
undertaking any of the aforementioned actions. The patent license shall
apply to the Covered Code if, at the time any related Modification is
added, such addition of the Modification causes such combination to be
covered by the Licensed Patents. The patent license in Section 2.1(ii)
shall not apply to any other combinations that include the Modification.
No patent license is provided under SGI Patents for infringements of
SGI Patents by Modifications not provided by SGI or combinations of
Original Code and Modifications not provided by SGI.
2.2. Recipient License Grant. Subject to the terms of this
License and any third party intellectual property claims, Recipient
hereby grants SGI and any other Recipients a worldwide, royalty-free,
non-exclusive license, under any Recipient Patents, to make, have made,
use, sell, offer for sale, import and/or otherwise transfer the Original
Code and/or any Modifications provided by SGI.
2.3. No License for Hardware Implementations. The licenses
granted in Section 2.1 and 2.2 are not applicable to implementation in
Hardware of the algorithms embodied in the Original Code or any
Modifications provided by SGI.
3. Redistributions
3.1. Retention of Notice/Copy of License. The Notice set forth
in Exhibit A, below, must be conspicuously retained or included in any
and all redistributions of Covered Code. For distributions of the
Covered Code in source form, the Notice must appear in every file that
can include a text comments field; in executable form, the Notice and
a copy of this License must appear in related documentation or collateral
where the Recipient's rights relating to Covered Code are described.
Any Additional Notice Provisions which actually appears in the Original
Code must also be retained or included in any and all redistributions
of Covered Code.
3.2. Alternative License. Provided that Recipient is in
compliance with the terms of this license, Recipient may, so long as
without derogation of any of SGI's rights in and to the Original Code,
distribute the source code and/or executable version(s) of Covered Code
under (1) this License; (2) a license identical to this License but for
only such changes are necessary in order to clarify Recipient's role as
licensor of Modifications; and/or (3) a license of the Recipient's
choosing, containing terms different from this License, provided that
the license terms include this Section 3 and Sections 4, 6, 7, 10, 12,
and 13, which terms may not be modified or superseded by any other terms
of such license. If Recipient elects to use any license other than this
License, Recipient must make it absolutely clear that any of its terms
which differ from this License are offered by Recipient alone, and not
by SGI. It is emphasized that this License is a limited license, and
regardless of the license form employed by Recipient in accordance with
this Section 3.2, Recipient may relicense only such rights, in Original
Code and Modifications by SGI, as it has actually been granted by SGI
in this License.
3.3. Indemnity. Recipient hereby agrees to indemnify SGI for
any liability incurred by SGI as a result of any alternative license
terms Recipient offers.
4. Termination. This License and the rights granted hereunder
will terminate automatically if Recipient breaches any term herein and
fails to cure such breach within 30 days thereof. Any sublicense to
the Covered Code that is properly granted shall survive any termination
of this License, absent termination by the terms of such sublicense.
Provisions that, but their nature, must remain in effect beyond the
termination of this License, shall survive.
5. No Trademark Or Other Rights. This License does not grant
any rights to: (i) any software apart from the Covered Code, nor shall
any other rights or licenses not expressly granted hereunder arise by
implication, estoppel or otherwise with respect to the Covered Code;
(ii) any trade name, trademark or service mark whatsoever, including
without limitation any related right for purposes of endorsement or
promotion of products derived from the Covered Code, without prior
written permission of SGI; or (iii) any title to or ownership of the
Original Code, which shall at all times remain with SGI. All rights in
the Original Code not expressly granted under this License are reserved.
6. Compliance with Laws; Non-Infringement. There are various
worldwide laws, regulations, and executive orders applicable to
dispositions of Covered Code, including without limitation export,
re-export, and import control laws, regulations, and executive orders,
of the U.S. government and other countries, and Recipient is reminded
it is obliged to obey such laws, regulations, and executive orders.
Recipient may not distribute Covered Code that (i) in any way infringes
(directly or contributorily) any intellectual property rights of any kind
of any other person or entity of (ii) breaches any representation or
warranty, express, implied or statutory, to which under any applicable
law, it might be deemed to have been subject.
7. Claims of Infringement. If Recipient learns of any third
party claim that any disposition of Covered Code and/or functionality
wholly or partially infringes the third party's intellectual property
rights, Recipient will promptly notify SGI of such claim.
8. Versions of the License. SGI may publish revised and/or new
versions of the License from time to time, each with a distinguishing
version number. Once Covered Code has been published under a particular
version of the License, Recipient may, for the duration of the license,
continue to use it under the terms of that version, or choose to use
such Covered Code under the terms of any subsequent version published
bi SGI. Subject to the provisions of Sections 3 and 4 of this License,
only SGI may modify the terms applicable to Covered Code created under
this License.
9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS."
ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN
ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS
LICENSE. N O USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
SUBJECT TO THIS DISCLAIMER.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL
THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO RECIPIENT.
11. Indemnity. Recipient shall be solely responsible for
damages arising, directly or indirectly, out of its utilization of rights
under this License. Recipient will defend, indemnify and hold harmless
Silicon Graphics, Inc. from and against any loss, liability, damages,
costs or expenses (including the payment of reasonable attorneys fees)
arising out of Recipient's use, modification, reproduction and distribution
of the Covered Code or out of any representation of warranty made by
Recipient.
12. U.S. Government End Users. The Covered Code is a "commercial
item" consisting of "commercial computer software" as such terms are
defined in title 48 of the Code of Federal Regulations and all U.S.
Government End Users acquire only the rights set forth in this License
and are subject to the terms of this License.
13. Miscellaneous. This license represents the complete
agreement concerning the its subject matter. If any provisions of this
License is held to be unenforceable, such provisions shall be reformed
so as to achieve as nearly as possible the same legal and economic effect
as the original provision and the remainder of this License will remain
in effect. This License shall be governed by and construed in accordance
with the laws of the United States and the State of California as applied
to agreements entered into and to be performed entirely within California
between California residents. Any litigation relating to this License
shall be subject to the exclusive jurisdiction of the Federal Courts of
the Northern District of California (or, absent subject matter jurisdiction
in such courts, the courts of the State of California), with venue lying
exclusively in Santa Clara County, California, and with the losing party
responsible for costs, including without limitation, court costs and
reasonable attorney fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation that provides that the language
of a contract shall be construed against the drafter shall not apply to
this License.
Exhibit A
License Applicability. Except to the extent portions of this
file are made subject to an alternative license as permitted in the SGI
Free Software License B, Version 1.1 (the "License"), the contents of
this file are subject only to the provisions of the License. You may
not use this file except in compliance with the License. You may obtain
a copy of the License at Silicon Graphics, Inc., attn: Legal Services,
1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, or at:
http://oss.sgi.com/projects/FreeB
Note that, as provided in the License, the Software is distributed on an
"AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS
DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Original Code. The Original Code is: OpenGL Sample Implementation,
Version 1.2.1, released January 26, 2000, developed by Silicon Graphics,
Inc. The Original Code is Copyright (c) 1991-2000 Silicon Graphics, Inc.
Copyright in any portions created by third parties is as indicated
elsewhere herein. All Rights Reserved.
Additional Notice Provisions: The application programming
interfaces established by SGI in conjunction with the Original Code are
The OpenGL(R) Graphics System: A Specification (Version 1.2.1), released
April 1, 1999; The OpenGL(R) Graphics System Utility Library (Version
1.3), released November 4, 1998; and OpenGL(R) Graphics with the X Window
System(R) (Version 1.3), released October 19, 1998. This software was
created using the OpenGL(R) version 1.2.1 Sample Implementation published
by SGI, but has not been independently verified as being compliant with
the OpenGL(R) version 1.2.1 Specification.
Licenses
: SGI Free Software License B Version 1.1 (GLX)
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