path: root/licenses/SGI-B

   SGI FREE SOFTWARE LICENSE B (Version 1.0 [1/25/2000])

   1. Definitions.
    1. "Additional Notice Provisions" means such additional provisions as
       appear in the Notice in Original Code under the heading
       "Additional Notice Provisions."
    2. "API" means an application programming interface established by
       SGI in conjunction with the Original Code.
    3. "Covered Code" means the Original Code or Modifications or the
       combination of the Original Code and Modifications, in each case
       including portions thereof.
    4. "Hardware" means any physical device that accepts input, processes
       input, stores the results of processing, and/or provides output.
    5. "Larger Work" means a work which combines Covered Code or portions
       thereof with code not governed by the terms of this License.
    6. "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 conveyed herein.
    7. "License" means this document.
    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 or deletion from the contents of a file containing
       Original Code or previous Modifications.
    B. Any new file that contains any part of the Original Code or
       previous Modifications.

    9. "Notice" means any notice in Original Code or Covered Code, as
       required by and in compliance with this License.
   10. "Original Code" means source code of computer software code which
       is described in the source code Notice required by Exhibit A as
       Original Code, and updates and error corrections specifically
       thereto.
   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 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.
   12. "SGI" means Silicon Graphics, Inc.

   2. License Grant and Restrictions.
    1. License Grant. Subject to the provisions 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 alone and/or as part of a Larger Work; and (ii)
       under any patent claims Licensable by SGI and embodied in the
       Original Code, to make, have made, use, practice, sell, and offer
       for sale, and/or otherwise dispose of the Original Code. Recipient
       accepts the terms and conditions of this License by undertaking
       any of the aforementioned actions.
    2. Restriction on Patent License. Notwithstanding the provisions of
       Section 2.1(ii), no patent license is granted: 1) separate from
       the Original Code; nor 2) for infringements caused by (i)
       modification of the Original Code, or (ii) the combination of the
       Original Code with other software or Hardware.
    3. No License For Hardware Implementations. The licenses granted in
       Section 2.1 are not applicable to implementation in Hardware of
       the algorithms embodied in the Original Code.
    4. Modifications License and API Compliance. Modifications are only
       licensed under Section 2.1(i) to the extent such Modifications are
       fully compliant with any API as may be identified in Additional
       Notice Provisions as appear in the Original Code.

   3. Redistributions.

    A. 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 code 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.
    B. Alternative License. Provided that Recipient is in compliance with
       the terms of this License, Recipient may 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 as are necessary in order to clarify Recipient's role as
       licensor of Modifications, without derogation of any of SGI's
       rights; and/or (3) a license of 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.
    C. Indemnity. Recipient hereby agrees to indemnify SGI for any
       liability incurred by SGI as a result of any such 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, by 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 remains with SGI. All rights
   in the Original Code not expressly granted under this License are
   reserved.

   6. Compliance with Laws; Non-Infringement. Recipient hereby assures
   that it shall comply with all applicable laws, regulations, and
   executive orders, in connection with any and all dispositions of
   Covered Code, including but not limited to, all export, re-export, and
   import control laws, regulations, and executive orders, of the U.S.
   government and other countries. Recipient may not distribute Covered
   Code 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, 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 by 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. NO 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 or
   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 provision of this License is
   held to be unenforceable, such provision 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, 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

   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 1.0 (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
   Ampitheatre 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: [name of software, version number, and release
   date], developed by Silicon Graphics, Inc. The Original Code is
   Copyright (c) [dates of first publication, as appearing in the Notice
   in the Original Code] Silicon Graphics, Inc. Copyright in any portions
   created by third parties is as indicated elsewhere herein. All Rights
   Reserved.

   Additional Notice Provisions:
   [such additional provisions, if any, as appear in the Notice in the
   Original Code under the heading "Additional Notice Provisions"]