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diff --git a/licenses/SGI-B-1.1.txt b/licenses/SGI-B-1.1.txt new file mode 100644 index 0000000..f2b6e15 --- /dev/null +++ b/licenses/SGI-B-1.1.txt @@ -0,0 +1,250 @@ +SGI FREE SOFTWARE LICENSE B +(Version 1.1 02/22/2000) +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 conveyed 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 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 and 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 or 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 Licensed +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 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. + +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 as are necessary in order to clarify +Recipient’s role as licensor of Modifications; 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. 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 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. 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 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 +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: [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"] |