path: root/licenses/GLX

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

Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
grants permission to Recipient (defined below), under Recipient's
copyrights in the Original Software (defined below), to use, copy,
modify, merge, publish, distribute, sublicense and/or sell copies of
Subject Software (defined below), and to permit persons to whom the
Subject Software is furnished in accordance with this License to do the
same, subject to all of the following terms and conditions, which
Recipient accepts by engaging in any such use, copying, modifying,
merging, publishing, distributing, sublicensing or selling:

1. Definitions.

    (a) "Original Software" means source code of computer software code
    which is described in Exhibit A as Original Software.

    (b) "Modifications" means any addition to or deletion from the
    substance or structure of either the Original Software or any
    previous Modifications. When Subject Software is released as a
    series of files, a Modification means (i) any addition to or
    deletion from the contents of a file containing Original Software or
    previous Modifications and (ii) any new file that contains any part
    of the Original Code or previous Modifications.

    (c) "Subject Software" means the Original Software or Modifications
    or the combination of the Original Software and Modifications, or
    portions of any of the foregoing.

    (d) "Recipient" means an individual or a legal entity exercising
    rights under, and complying with all of the terms of, this License.
    For legal entities, "Recipient" includes any entity which controls,
    is controlled by, or is under common control with Recipient. For
    purposes of this definition, "control" of an entity means (a) the
    power, direct or indirect, to direct or manage such entity, or (b)
    ownership of fifty percent (50%) or more of the outstanding shares
    or beneficial ownership of such entity.

2. Redistribution of Source Code Subject to These Terms. Redistributions
of Subject Software in source code form must retain the notice set forth
in Exhibit A, below, in every file. A copy of this License must be
included in any documentation for such Subject Software where the
recipients' rights relating to Subject Software are described. Recipient
may distribute the source code version of Subject Software under a
license of Recipient's choice, which may contain terms different from
this License, provided that (i) Recipient is in compliance with the
terms of this License, and (ii) the license terms include this Section 2
and Sections 3, 4, 7, 8, 10, 12 and 13 of this License, which terms may
not be modified or superseded by any other terms of such license. If
Recipient distributes the source code version under a different license
Recipient must make it absolutely clear that any terms which differ from
this License are offered by Recipient alone, not by SGI. Recipient
hereby agrees to indemnify SGI for any liability incurred by SGI as a
result of any such terms Recipient offers.

3. Redistribution in Executable Form. The notice set forth in Exhibit A
must be conspicuously included in any notice in an executable version of
Subject Software, related documentation or collateral in which Recipient
describes the user's rights relating to the Subject Software. Recipient
may distribute the executable version of Subject Software under a
license of Recipient's choice, which may contain terms different from
this License, provided that (i) Recipient is in compliance with the
terms of this License, and (ii) the license terms include this Section 3
and Sections 4, 7, 8, 10, 12 and 13 of this License, which terms may not
be modified or superseded by any other terms of such license. If
Recipient distributes the executable version under a different license
Recipient must make it absolutely clear that any terms which differ from
this License are offered by Recipient alone, not by SGI. Recipient
hereby agrees to indemnify SGI for any liability incurred by SGI as a
result of any such terms Recipient offers.

4. Termination. This License and the rights granted hereunder will
terminate automatically if Recipient fails to comply with terms herein
and fails to cure such breach within 30 days of the breach. Any
sublicense to the Subject Software which is properly granted shall
survive any termination of this License absent termination by the terms
of such sublicense. Provisions which, by their nature, must remain in
effect beyond the termination of this License shall survive.

5. No Trademark Rights. This License does not grant any rights to use
any trade name, trademark or service mark whatsoever. No trade name,
trademark or service mark of SGI may be used to endorse or promote
products derived from the Subject Software without prior written
permission of SGI.

6. No Other Rights. This License does not grant any rights with respect
to the OpenGL API or to any software or hardware implementation thereof
or to any other software whatsoever, nor shall any other rights or
licenses not expressly granted hereunder arise by implication, estoppel
or otherwise with respect to the Subject Software. Title to and
ownership of the Original Software at all times remains with SGI. All
rights in the Original Software not expressly granted under this License
are reserved.

7. Compliance with Laws; Non-Infringement. Recipient shall comply with
all applicable laws and regulations in connection with use and
distribution of the Subject Software, including but not limited to, all
export and import control laws and regulations of the U.S. government
and other countries. Recipient may not distribute Subject Software that
(i) in any way infringes (directly or contributorily) the rights
(including patent, copyright, trade secret, trademark or other
intellectual property rights of any kind) of any other person or entity
or (ii) breaches any representation or warranty, express, implied or
statutory, which under any applicable law it might be deemed to have
been distributed.

8. Claims of Infringement. If Recipient at any time has knowledge of any
one or more third party claims that reproduction, modification, use,
distribution, import or sale of Subject Software (including particular
functionality or code incorporated in Subject Software) infringes the
third party's intellectual property rights, Recipient must place in a
well-identified web page bearing the title "LEGAL" a description of each
such claim and a description of the party making each such claim in
sufficient detail that a user of the Subject Software will know whom to
contact regarding the claim. Also, upon gaining such knowledge of any
such claim, Recipient must conspicuously include the URL for such web
page in the Exhibit A notice required under Sections 2 and 3, above, and
in the text of any related documentation, license agreement or
collateral in which Recipient describes end user's rights relating to
the Subject Software. If Recipient obtains such knowledge after it makes
Subject Software available to any other person or entity, Recipient
shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the
Subject Software that new knowledge has been obtained.

9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-
INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI
ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO 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 Subject Software or out of any representation or warranty made by
Recipient.

12. U.S. Government End Users. The Subject Software 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 subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed so as to
achieve as nearly as possible the same economic effect as the original
provision and the remainder of this License will remain in effect. This
License shall be governed by and construed in accordance with the laws
of the United States and the State of California as applied to
agreements entered into and to be performed entirely within California
between California residents. Any litigation relating to this License
shall be subject to the exclusive jurisdiction of the Federal Courts of
the Northern District of California (or, absent subject matter
jurisdiction in such courts, the courts of the State of California),
with venue lying exclusively in Santa Clara County, California, with the
losing party responsible for costs, including without limitation, court
costs and reasonable attorneys fees and expenses. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides that
the language of a contract shall be construed against the drafter shall
not apply to this License.

Exhibit A

The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12
and 13 of the GLX Public License Version 1.0 (the "License"). You may
not use this file except in compliance with those sections of the
License. You may obtain a copy of the License at Silicon Graphics, Inc.,
attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043
or at http://www.sgi.com/software/opensource/glx/license.html.

Software distributed under the License is distributed on an "AS IS"
basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE OR OF NON- INFRINGEMENT. See the License for the specific
language governing rights and limitations under the License.

The Original Software is GLX version 1.2 source code, released February,
1999. The developer of the Original Software is Silicon Graphics, Inc.
Those portions of the Subject Software created by Silicon Graphics, Inc.
are Copyright (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.