1SGI FREE SOFTWARE LICENSE B 2(Version 1.0 1/25/2000) 31. Definitions. 4 51.1 "Additional Notice Provisions" means such additional provisions as appear in 6the Notice in Original Code under the heading "Additional Notice Provisions." 7 81.2 "API" means an application programming interface established by SGI in 9conjunction with the Original Code. 10 111.3 "Covered Code" means the Original Code or Modifications or the combination 12of the Original Code and Modifications, in each case including portions thereof. 13 141.4 "Hardware" means any physical device that accepts input, processes input, 15stores the results of processing, and/or provides output. 16 171.5 "Larger Work" means a work which combines Covered Code or portions thereof 18with code not governed by the terms of this License. 19 201.6 "Licensable" means having the right to grant, to the maximum extent 21possible, whether at the time of the initial grant or subsequently acquired, any 22and all of the rights conveyed herein. 23 241.7 "License" means this document. 25 261.8 "Modifications" means any addition to the substance or structure of the 27Original Code and/or any addition to or deletion from previous Modifications. 28When Covered Code is released as a series of files, a Modification is: 29 30A. Any addition to the contents of a file containing Original Code and/or any 31addition to or deletion from previous Modifications. 32 33B. Any new file that contains any part of the Original Code or previous 34Modifications. 35 361.9 "Notice" means any notice in Original Code or Covered Code, as required by 37and in compliance with this License. 38 391.10 "Original Code" means source code of computer software code which is 40described in the source code Notice required by Exhibit A as Original Code, and 41updates and error corrections specifically thereto. 42 431.11 "Recipient" means an individual or a legal entity exercising rights under, 44and complying with all of the terms of, this License or a future version of this 45License issued under Section 8. For legal entities, "Recipient" includes any 46entity which controls, is controlled by, or is under common control with 47Recipient. For purposes of this definition, "control" of an entity means (a) the 48power, direct or indirect, to direct or manage such entity, or (b) ownership of 49fifty percent (50%) or more of the outstanding shares or beneficial ownership of 50such entity. 51 521.12 SGI" means Silicon Graphics, Inc. 53 542. License Grant and Restrictions. 55 562.1v License Grant. Subject to the provisions of this License and any third 57party intellectual property claims, for the duration of intellectual property 58protections inherent in the Original Code, SGI hereby grants Recipient a 59worldwide, royalty-free, non-exclusive license, to do the following: (i) under 60copyrights Licensable by SGI, to reproduce, distribute, create derivative works 61from, and, to the extent applicable, display and perform the Original Code alone 62and/or as part of a Larger Work; and (ii) under any patent claims Licensable by 63SGI and embodied in the Original Code, to make, have made, use, practice, sell, 64and offer for sale, and/or otherwise dispose of the Original Code. Recipient 65accepts the terms and conditions of this License by undertaking any of the 66aforementioned actions. 67 682.2 Restriction on Patent License. Notwithstanding the provisions of Section 692.1(ii), no patent license is granted: 1) separate from the Original Code; nor 702) for infringements caused by (i) modification of the Original Code, or (ii) 71the combination of the Original Code with other software or Hardware. 72 732.3 No License For Hardware Implementations. The licenses granted in Section 2.1 74are not applicable to implementation in Hardware of the algorithms embodied in 75the Original Code. 76 772.4 Modifications License and API Compliance. Modifications are only licensed 78under Section 2.1(i) to the extent such Modifications are fully compliant with 79any API as may be identified in Additional Notice Provisions as appear in the 80Original Code. 81 823. Redistributions. 83 84A. Retention of Notice/Copy of License. The Notice set forth in Exhibit A, 85below, must be conspicuously retained or included in any and all redistributions 86of Covered Code. For distributions of the Covered Code in source code form, the 87Notice must appear in every file that can include a text comments field; in 88executable form, the Notice and a copy of this License must appear in related 89documentation or collateral where the Recipient’s rights relating to Covered 90Code are described. Any Additional Notice Provisions which actually appears in 91the Original Code must also be retained or included in any and all 92redistributions of Covered Code. 93 94B. Alternative License. Provided that Recipient is in compliance with the terms 95of this License, Recipient may distribute the source code and/or executable 96version(s) of Covered Code under (1) this License; (2) a license identical to 97this License but for only such changes as are necessary in order to clarify 98Recipient’s role as licensor of Modifications, without derogation of any of 99SGI’s rights; and/or (3) a license of Recipient’s choosing, containing terms 100different from this License, provided that the license terms include this 101Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified 102or superseded by any other terms of such license. If Recipient elects to use any 103license other than this License, Recipient must make it absolutely clear that 104any of its terms which differ from this License are offered by Recipient alone, 105and not by SGI. 106 107C. Indemnity. Recipient hereby agrees to indemnify SGI for any liability 108incurred by SGI as a result of any such alternative license terms Recipient 109offers. 110 1114. Termination. This License and the rights granted hereunder will terminate 112automatically if Recipient breaches any term herein and fails to cure such 113breach within 30 days thereof. Any sublicense to the Covered Code that is 114properly granted shall survive any termination of this License, absent 115termination by the terms of such sublicense. Provisions that, by their nature, 116must remain in effect beyond the termination of this License, shall survive. 117 1185. No Trademark Or Other Rights. This License does not grant any rights to: (i) 119any software apart from the Covered Code, nor shall any other rights or licenses 120not expressly granted hereunder arise by implication, estoppel or otherwise with 121respect to the Covered Code; (ii) any trade name, trademark or service mark 122whatsoever, including without limitation any related right for purposes of 123endorsement or promotion of products derived from the Covered Code, without 124prior written permission of SGI; or (iii) any title to or ownership of the 125Original Code, which shall at all times remains with SGI. All rights in the 126Original Code not expressly granted under this License are reserved. 127 1286. Compliance with Laws; Non-Infringement. Recipient hereby assures that it 129shall comply with all applicable laws, regulations, and executive orders, in 130connection with any and all dispositions of Covered Code, including but not 131limited to, all export, re-export, and import control laws, regulations, and 132executive orders, of the U.S. government and other countries. Recipient may not 133distribute Covered Code that (i) in any way infringes (directly or 134contributorily) the rights (including patent, copyright, trade secret, trademark 135or other intellectual property rights of any kind) of any other person or entity 136or (ii) breaches any representation or warranty, express, implied or statutory, 137to which, under any applicable law, it might be deemed to have been subject. 138 1397. Claims of Infringement. If Recipient learns of any third party claim that any 140disposition of Covered Code and/or functionality wholly or partially infringes 141the third party's intellectual property rights, Recipient will promptly notify 142SGI of such claim. 143 1448. Versions of the License. SGI may publish revised and/or new versions of the 145License from time to time, each with a distinguishing version number. Once 146Covered Code has been published under a particular version of the License, 147Recipient may, for the duration of the license, continue to use it under the 148terms of that version, or choose to use such Covered Code under the terms of any 149subsequent version published by SGI. Subject to the provisions of Sections 3 and 1504 of this License, only SGI may modify the terms applicable to Covered Code 151created under this License. 152 1539. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND 154IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, 155ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, 156FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS 157TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE 158DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR 159OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. 160NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS 161DISCLAIMER. 162 16310. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER 164TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, 165OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, 166SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 167WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, 168COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR 169LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH 170DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR 171PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW 172PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 173LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND 174LIMITATION MAY NOT APPLY TO RECIPIENT. 175 17611. Indemnity. Recipient shall be solely responsible for damages arising, 177directly or indirectly, out of its utilization of rights under this License. 178Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from 179and against any loss, liability, damages, costs or expenses (including the 180payment of reasonable attorneys fees) arising out of Recipient's use, 181modification, reproduction and distribution of the Covered Code or out of any 182representation or warranty made by Recipient. 183 18412. U.S. Government End Users. The Covered Code is a "commercial item" 185consisting of "commercial computer software" as such terms are defined in title 18648 of the Code of Federal Regulations and all U.S. Government End Users acquire 187only the rights set forth in this License and are subject to the terms of this 188License. 189 19013. Miscellaneous. This License represents the complete agreement concerning the 191its subject matter. If any provision of this License is held to be 192unenforceable, such provision shall be reformed so as to achieve as nearly as 193possible the same legal and economic effect as the original provision and the 194remainder of this License will remain in effect. This License shall be governed 195by and construed in accordance with the laws of the United States and the State 196of California as applied to agreements entered into and to be performed entirely 197within California between California residents. Any litigation relating to this 198License shall be subject to the exclusive jurisdiction of the Federal Courts of 199the Northern District of California (or, absent subject matter jurisdiction in 200such courts, the courts of the State of California), with venue lying 201exclusively in Santa Clara County, California, with the losing party responsible 202for costs, including without limitation, court costs and reasonable attorneys 203fees and expenses. The application of the United Nations Convention on Contracts 204for the International Sale of Goods is expressly excluded. Any law or regulation 205which provides that the language of a contract shall be construed against the 206drafter shall not apply to this License. 207 208Exhibit A 209 210License Applicability. Except to the extent portions of this file are made 211subject to an alternative license as permitted in the SGI Free Software License 212B, Version 1.0 (the "License"), the contents of this file are subject only to 213the provisions of the License. You may not use this file except in compliance 214with the License. You may obtain a copy of the License at Silicon Graphics, 215Inc., attn: Legal Services, 1600 Ampitheatre Parkway, Mountain View, CA 21694043-1351, or at: 217 218http://oss.sgi.com/projects/FreeB 219 220Note that, as provided in the License, the Software is distributed on an "AS IS" 221basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, 222INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF 223MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND 224NON-INFRINGEMENT. 225 226Original Code. The Original Code is: [name of software, version number, and 227release date], developed by Silicon Graphics, Inc. The Original Code is 228Copyright (c) [dates of first publication, as appearing in the Notice in the 229Original Code] Silicon Graphics, Inc. Copyright in any portions created by third 230parties is as indicated elsewhere herein. All Rights Reserved. 231 232Additional Notice Provisions: [such additional provisions, if any, as appear in 233the Notice in the Original Code under the heading "Additional Notice 234Provisions"] 235