COPYING revision 1ab64890
11ab64890Smrg                                  Licenses
21ab64890Smrg
31ab64890Smrg                             The XFree86 Project
41ab64890Smrg
51ab64890Smrg                                January 2002
61ab64890Smrg
71ab64890Smrg1.  XFree86 License
81ab64890Smrg
91ab64890SmrgXFree86 code without an explicit copyright is covered by the following copy-
101ab64890Smrgright/license:
111ab64890Smrg
121ab64890SmrgCopyright (C) 1994-2002 The XFree86 Project, Inc.  All Rights Reserved.
131ab64890Smrg
141ab64890SmrgPermission is hereby granted, free of charge, to any person obtaining a copy
151ab64890Smrgof this software and associated documentation files (the "Software"), to deal
161ab64890Smrgin the Software without restriction, including without limitation the rights
171ab64890Smrgto use, copy, modify, merge, publish, distribute, sublicense, and/or sell
181ab64890Smrgcopies of the Software, and to permit persons to whom the Software is fur-
191ab64890Smrgnished to do so, subject to the following conditions:
201ab64890Smrg
211ab64890SmrgThe above copyright notice and this permission notice shall be included in
221ab64890Smrgall copies or substantial portions of the Software.
231ab64890Smrg
241ab64890SmrgTHE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
251ab64890SmrgIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
261ab64890SmrgNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE
271ab64890SmrgXFREE86 PROJECT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
281ab64890SmrgIN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CON-
291ab64890SmrgNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
301ab64890Smrg
311ab64890SmrgExcept as contained in this notice, the name of the XFree86 Project shall not
321ab64890Smrgbe used in advertising or otherwise to promote the sale, use or other deal-
331ab64890Smrgings in this Software without prior written authorization from the XFree86
341ab64890SmrgProject.
351ab64890Smrg
361ab64890Smrg2.  Other Licenses
371ab64890Smrg
381ab64890SmrgPortions of code are covered by the following licenses/copyrights.  See indi-
391ab64890Smrgvidual files for the copyright dates.
401ab64890Smrg
411ab64890Smrg2.1  X/MIT Copyrights
421ab64890Smrg
431ab64890Smrg2.1.1  X Consortium
441ab64890Smrg
451ab64890SmrgCopyright (C) <date> X Consortium
461ab64890Smrg
471ab64890SmrgPermission is hereby granted, free of charge, to any person obtaining a copy
481ab64890Smrgof this software and associated documentation files (the "Software"), to deal
491ab64890Smrgin the Software without restriction, including without limitation the rights
501ab64890Smrgto use, copy, modify, merge, publish, distribute, sublicense, and/or sell
511ab64890Smrgcopies of the Software, and to permit persons to whom the Software is fur-
521ab64890Smrgnished to do so, subject to the following conditions:
531ab64890Smrg
541ab64890SmrgThe above copyright notice and this permission notice shall be included in
551ab64890Smrgall copies or substantial portions of the Software.
561ab64890Smrg
571ab64890SmrgTHE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
581ab64890SmrgIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
591ab64890SmrgNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE X
601ab64890SmrgCONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
611ab64890SmrgACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
621ab64890SmrgWITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
631ab64890Smrg
641ab64890SmrgExcept as contained in this notice, the name of the X Consortium shall not be
651ab64890Smrgused in advertising or otherwise to promote the sale, use or other dealings
661ab64890Smrgin this Software without prior written authorization from the X Consortium.
671ab64890Smrg
681ab64890SmrgX Window System is a trademark of X Consortium, Inc.
691ab64890Smrg
701ab64890Smrg2.1.2  The Open Group
711ab64890Smrg
721ab64890SmrgCopyright <date>  The Open Group
731ab64890Smrg
741ab64890SmrgPermission to use, copy, modify, distribute, and sell this software and its
751ab64890Smrgdocumentation for any purpose is hereby granted without fee, provided that
761ab64890Smrgthe above copyright notice appear in all copies and that both that copyright
771ab64890Smrgnotice and this permission notice appear in supporting documentation.
781ab64890Smrg
791ab64890SmrgThe above copyright notice and this permission notice shall be included in
801ab64890Smrgall copies or substantial portions of the Software.
811ab64890Smrg
821ab64890SmrgTHE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
831ab64890SmrgIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
841ab64890SmrgNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE
851ab64890SmrgOPEN GROUP BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
861ab64890SmrgACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
871ab64890SmrgWITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
881ab64890Smrg
891ab64890SmrgExcept as contained in this notice, the name of The Open Group shall not be
901ab64890Smrgused in advertising or otherwise to promote the sale, use or other dealings
911ab64890Smrgin this Software without prior written authorization from The Open Group.
921ab64890Smrg
931ab64890Smrg2.2  Berkeley-based copyrights:
941ab64890Smrg
951ab64890Smrg2.2.1  General
961ab64890Smrg
971ab64890SmrgRedistribution and use in source and binary forms, with or without modifica-
981ab64890Smrgtion, are permitted provided that the following conditions are met:
991ab64890Smrg
1001ab64890Smrg  1.  Redistributions of source code must retain the above copyright notice,
1011ab64890Smrg      this list of conditions and the following disclaimer.
1021ab64890Smrg
1031ab64890Smrg  2.  Redistributions in binary form must reproduce the above copyright
1041ab64890Smrg      notice, this list of conditions and the following disclaimer in the
1051ab64890Smrg      documentation and/or other materials provided with the distribution.
1061ab64890Smrg
1071ab64890Smrg  3.  The name of the author may not be used to endorse or promote products
1081ab64890Smrg      derived from this software without specific prior written permission.
1091ab64890Smrg
1101ab64890SmrgTHIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED
1111ab64890SmrgWARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER-
1121ab64890SmrgCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO
1131ab64890SmrgEVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPE-
1141ab64890SmrgCIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
1151ab64890SmrgPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
1161ab64890SmrgOR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
1171ab64890SmrgWHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTH-
1181ab64890SmrgERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
1191ab64890SmrgOF THE POSSIBILITY OF SUCH DAMAGE.
1201ab64890Smrg
1211ab64890Smrg2.2.2  UCB/LBL
1221ab64890Smrg
1231ab64890SmrgCopyright (c) 1993 The Regents of the University of California.  All rights
1241ab64890Smrgreserved.
1251ab64890Smrg
1261ab64890SmrgThis software was developed by the Computer Systems Engineering group at
1271ab64890SmrgLawrence Berkeley Laboratory under DARPA contract BG 91-66 and contributed to
1281ab64890SmrgBerkeley.
1291ab64890Smrg
1301ab64890SmrgAll advertising materials mentioning features or use of this software must
1311ab64890Smrgdisplay the following acknowledgement: This product includes software devel-
1321ab64890Smrgoped by the University of California, Lawrence Berkeley Laboratory.
1331ab64890Smrg
1341ab64890SmrgRedistribution and use in source and binary forms, with or without modifica-
1351ab64890Smrgtion, are permitted provided that the following conditions are met:
1361ab64890Smrg
1371ab64890Smrg  1.  Redistributions of source code must retain the above copyright notice,
1381ab64890Smrg      this list of conditions and the following disclaimer.
1391ab64890Smrg
1401ab64890Smrg  2.  Redistributions in binary form must reproduce the above copyright
1411ab64890Smrg      notice, this list of conditions and the following disclaimer in the
1421ab64890Smrg      documentation and/or other materials provided with the distribution.
1431ab64890Smrg
1441ab64890Smrg  3.  All advertising materials mentioning features or use of this software
1451ab64890Smrg      must display the following acknowledgement: This product includes soft-
1461ab64890Smrg      ware developed by the University of California, Berkeley and its con-
1471ab64890Smrg      tributors.
1481ab64890Smrg
1491ab64890Smrg  4.  Neither the name of the University nor the names of its contributors
1501ab64890Smrg      may be used to endorse or promote products derived from this software
1511ab64890Smrg      without specific prior written permission.
1521ab64890Smrg
1531ab64890SmrgTHIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY
1541ab64890SmrgEXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
1551ab64890SmrgWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DIS-
1561ab64890SmrgCLAIMED.  IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY
1571ab64890SmrgDIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
1581ab64890Smrg(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
1591ab64890SmrgLOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
1601ab64890SmrgON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
1611ab64890Smrg(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
1621ab64890SmrgSOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1631ab64890Smrg
1641ab64890Smrg2.3  NVIDIA Corp
1651ab64890Smrg
1661ab64890SmrgCopyright (c) 1996 NVIDIA, Corp.  All rights reserved.
1671ab64890Smrg
1681ab64890SmrgNOTICE TO USER: The source code is copyrighted under U.S. and international
1691ab64890Smrglaws.  NVIDIA, Corp. of Sunnyvale, California owns the copyright and as
1701ab64890Smrgdesign patents pending on the design and interface of the NV chips.  Users
1711ab64890Smrgand possessors of this source code are hereby granted a nonexclusive, roy-
1721ab64890Smrgalty-free copyright and design patent license to use this code in individual
1731ab64890Smrgand commercial software.
1741ab64890Smrg
1751ab64890SmrgAny use of this source code must include, in the user documentation and
1761ab64890Smrginternal comments to the code, notices to the end user as follows:
1771ab64890Smrg
1781ab64890SmrgCopyright (c) 1996 NVIDIA, Corp.  NVIDIA design patents pending in the U.S.
1791ab64890Smrgand foreign countries.
1801ab64890Smrg
1811ab64890SmrgNVIDIA, CORP.  MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THIS SOURCE
1821ab64890SmrgCODE FOR ANY PURPOSE.  IT IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WAR-
1831ab64890SmrgRANTY OF ANY KIND.  NVIDIA, CORP. DISCLAIMS ALL WARRANTIES WITH REGARD TO
1841ab64890SmrgTHIS SOURCE CODE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
1851ab64890SmrgFITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL NVIDIA, CORP.  BE LIABLE
1861ab64890SmrgFOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAM-
1871ab64890SmrgAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
1881ab64890SmrgACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
1891ab64890SmrgCONNECTION WITH THE USE OR PERFORMANCE OF THIS SOURCE CODE.
1901ab64890Smrg
1911ab64890Smrg2.4  GLX Public License
1921ab64890Smrg
1931ab64890SmrgGLX PUBLIC LICENSE (Version 1.0 (2/11/99)) ("License")
1941ab64890Smrg
1951ab64890SmrgSubject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
1961ab64890Smrggrants permission to Recipient (defined below), under Recipient's copyrights
1971ab64890Smrgin the Original Software (defined below), to use, copy, modify, merge, pub-
1981ab64890Smrglish, distribute, sublicense and/or sell copies of Subject Software (defined
1991ab64890Smrgbelow), and to permit persons to whom the Subject Software is furnished in
2001ab64890Smrgaccordance with this License to do the same, subject to all of the following
2011ab64890Smrgterms and conditions, which Recipient accepts by engaging in any such use,
2021ab64890Smrgcopying, modifying, merging, publishing, distributing, sublicensing or sell-
2031ab64890Smrging:
2041ab64890Smrg
2051ab64890Smrg1. Definitions.
2061ab64890Smrg
2071ab64890Smrg     (a) "Original Software" means source code of computer software code
2081ab64890Smrg     which is described in Exhibit A as Original Software.
2091ab64890Smrg
2101ab64890Smrg     (b) "Modifications" means any addition to or deletion from the sub-
2111ab64890Smrg     stance or structure of either the Original Software or any previous
2121ab64890Smrg     Modifications. When Subject Software is released as a series of
2131ab64890Smrg     files, a Modification means (i) any addition to or deletion from
2141ab64890Smrg     the contents of a file containing Original Software or previous
2151ab64890Smrg     Modifications and (ii) any new file that contains any part of the
2161ab64890Smrg     Original Code or previous Modifications.
2171ab64890Smrg
2181ab64890Smrg     (c) "Subject Software" means the Original Software or Modifications
2191ab64890Smrg     or the combination of the Original Software and Modifications, or
2201ab64890Smrg     portions of any of the foregoing.
2211ab64890Smrg
2221ab64890Smrg     (d) "Recipient" means an individual or a legal entity exercising
2231ab64890Smrg     rights under, and complying with all of the terms of, this License.
2241ab64890Smrg     For legal entities, "Recipient" includes any entity which controls,
2251ab64890Smrg     is controlled by, or is under common control with Recipient. For
2261ab64890Smrg     purposes of this definition, "control" of an entity means (a) the
2271ab64890Smrg     power, direct or indirect, to direct or manage such entity, or (b)
2281ab64890Smrg     ownership of fifty percent (50%) or more of the outstanding shares
2291ab64890Smrg     or beneficial ownership of such entity.
2301ab64890Smrg
2311ab64890Smrg2. Redistribution of Source Code Subject to These Terms. Redistributions of
2321ab64890SmrgSubject Software in source code form must retain the notice set forth in
2331ab64890SmrgExhibit A, below, in every file. A copy of this License must be included in
2341ab64890Smrgany documentation for such Subject Software where the recipients' rights
2351ab64890Smrgrelating to Subject Software are described. Recipient may distribute the
2361ab64890Smrgsource code version of Subject Software under a license of Recipient's
2371ab64890Smrgchoice, which may contain terms different from this License, provided that
2381ab64890Smrg(i) Recipient is in compliance with the terms of this License, and (ii) the
2391ab64890Smrglicense terms include this Section 2 and Sections 3, 4, 7, 8, 10, 12 and 13
2401ab64890Smrgof this License, which terms may not be modified or superseded by any other
2411ab64890Smrgterms of such license. If Recipient distributes the source code version under
2421ab64890Smrga different license Recipient must make it absolutely clear that any terms
2431ab64890Smrgwhich differ from this License are offered by Recipient alone, not by SGI.
2441ab64890SmrgRecipient hereby agrees to indemnify SGI for any liability incurred by SGI as
2451ab64890Smrga result of any such terms Recipient offers.
2461ab64890Smrg
2471ab64890Smrg3. Redistribution in Executable Form. The notice set forth in Exhibit A must
2481ab64890Smrgbe conspicuously included in any notice in an executable version of Subject
2491ab64890SmrgSoftware, related documentation or collateral in which Recipient describes
2501ab64890Smrgthe user's rights relating to the Subject Software. Recipient may distribute
2511ab64890Smrgthe executable version of Subject Software under a license of Recipient's
2521ab64890Smrgchoice, which may contain terms different from this License, provided that
2531ab64890Smrg(i) Recipient is in compliance with the terms of this License, and (ii) the
2541ab64890Smrglicense terms include this Section 3 and Sections 4, 7, 8, 10, 12 and 13 of
2551ab64890Smrgthis License, which terms may not be modified or superseded by any other
2561ab64890Smrgterms of such license. If Recipient distributes the executable version under
2571ab64890Smrga different license Recipient must make it absolutely clear that any terms
2581ab64890Smrgwhich differ from this License are offered by Recipient alone, not by SGI.
2591ab64890SmrgRecipient hereby agrees to indemnify SGI for any liability incurred by SGI as
2601ab64890Smrga result of any such terms Recipient offers.
2611ab64890Smrg
2621ab64890Smrg4. Termination. This License and the rights granted hereunder will terminate
2631ab64890Smrgautomatically if Recipient fails to comply with terms herein and fails to
2641ab64890Smrgcure such breach within 30 days of the breach. Any sublicense to the Subject
2651ab64890SmrgSoftware which is properly granted shall survive any termination of this
2661ab64890SmrgLicense absent termination by the terms of such sublicense. Provisions which,
2671ab64890Smrgby their nature, must remain in effect beyond the termination of this License
2681ab64890Smrgshall survive.
2691ab64890Smrg
2701ab64890Smrg5. No Trademark Rights. This License does not grant any rights to use any
2711ab64890Smrgtrade name, trademark or service mark whatsoever. No trade name, trademark or
2721ab64890Smrgservice mark of SGI may be used to endorse or promote products derived from
2731ab64890Smrgthe Subject Software without prior written permission of SGI.
2741ab64890Smrg
2751ab64890Smrg6. No Other Rights. This License does not grant any rights with respect to
2761ab64890Smrgthe OpenGL API or to any software or hardware implementation thereof or to
2771ab64890Smrgany other software whatsoever, nor shall any other rights or licenses not
2781ab64890Smrgexpressly granted hereunder arise by implication, estoppel or otherwise with
2791ab64890Smrgrespect to the Subject Software. Title to and ownership of the Original Soft-
2801ab64890Smrgware at all times remains with SGI. All rights in the Original Software not
2811ab64890Smrgexpressly granted under this License are reserved.
2821ab64890Smrg
2831ab64890Smrg7. Compliance with Laws; Non-Infringement. Recipient shall comply with all
2841ab64890Smrgapplicable laws and regulations in connection with use and distribution of
2851ab64890Smrgthe Subject Software, including but not limited to, all export and import
2861ab64890Smrgcontrol laws and regulations of the U.S. government and other countries.
2871ab64890SmrgRecipient may not distribute Subject Software that (i) in any way infringes
2881ab64890Smrg(directly or contributorily) the rights (including patent, copyright, trade
2891ab64890Smrgsecret, trademark or other intellectual property rights of any kind) of any
2901ab64890Smrgother person or entity or (ii) breaches any representation or warranty,
2911ab64890Smrgexpress, implied or statutory, which under any applicable law it might be
2921ab64890Smrgdeemed to have been distributed.
2931ab64890Smrg
2941ab64890Smrg8. Claims of Infringement. If Recipient at any time has knowledge of any one
2951ab64890Smrgor more third party claims that reproduction, modification, use, distribu-
2961ab64890Smrgtion, import or sale of Subject Software (including particular functionality
2971ab64890Smrgor code incorporated in Subject Software) infringes the third party's intel-
2981ab64890Smrglectual property rights, Recipient must place in a well-identified web page
2991ab64890Smrgbearing the title "LEGAL" a description of each such claim and a description
3001ab64890Smrgof the party making each such claim in sufficient detail that a user of the
3011ab64890SmrgSubject Software will know whom to contact regarding the claim. Also, upon
3021ab64890Smrggaining such knowledge of any such claim, Recipient must conspicuously
3031ab64890Smrginclude the URL for such web page in the Exhibit A notice required under Sec-
3041ab64890Smrgtions 2 and 3, above, and in the text of any related documentation, license
3051ab64890Smrgagreement or collateral in which Recipient describes end user's rights relat-
3061ab64890Smrging to the Subject Software. If Recipient obtains such knowledge after it
3071ab64890Smrgmakes Subject Software available to any other person or entity, Recipient
3081ab64890Smrgshall take other steps (such as notifying appropriate mailing lists or news-
3091ab64890Smrggroups) reasonably calculated to inform those who received the Subject Soft-
3101ab64890Smrgware that new knowledge has been obtained.
3111ab64890Smrg
3121ab64890Smrg9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,
3131ab64890SmrgWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
3141ab64890SmrgLIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-
3151ab64890SmrgCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. SGI ASSUMES NO
3161ab64890SmrgRISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE
3171ab64890SmrgPROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-
3181ab64890SmrgVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
3191ab64890SmrgESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED
3201ab64890SmrgHEREUNDER EXCEPT UNDER THIS DISCLAIMER.
3211ab64890Smrg
3221ab64890Smrg10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-
3231ab64890SmrgORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-
3241ab64890SmrgBILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR
3251ab64890SmrgANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
3261ab64890SmrgCHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
3271ab64890SmrgSTOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
3281ab64890SmrgCOMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF
3291ab64890SmrgTHE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
3301ab64890SmrgTO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO
3311ab64890SmrgTHE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
3321ab64890SmrgNOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
3331ab64890SmrgSO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
3341ab64890Smrg
3351ab64890Smrg11. Indemnity. Recipient shall be solely responsible for damages arising,
3361ab64890Smrgdirectly or indirectly, out of its utilization of rights under this License.
3371ab64890SmrgRecipient will defend, indemnify and hold harmless Silicon Graphics, Inc.
3381ab64890Smrgfrom and against any loss, liability, damages, costs or expenses (including
3391ab64890Smrgthe payment of reasonable attorneys fees) arising out of Recipient's use,
3401ab64890Smrgmodification, reproduction and distribution of the Subject Software or out of
3411ab64890Smrgany representation or warranty made by Recipient.
3421ab64890Smrg
3431ab64890Smrg12. U.S. Government End Users. The Subject Software is a "commercial item"
3441ab64890Smrgconsisting of "commercial computer software" as such terms are defined in
3451ab64890Smrgtitle 48 of the Code of Federal Regulations and all U.S.  Government End
3461ab64890SmrgUsers acquire only the rights set forth in this License and are subject to
3471ab64890Smrgthe terms of this License.
3481ab64890Smrg
3491ab64890Smrg13. Miscellaneous. This License represents the complete agreement concerning
3501ab64890Smrgsubject matter hereof. If any provision of this License is held to be unen-
3511ab64890Smrgforceable, such provision shall be reformed so as to achieve as nearly as
3521ab64890Smrgpossible the same economic effect as the original provision and the remainder
3531ab64890Smrgof this License will remain in effect. This License shall be governed by and
3541ab64890Smrgconstrued in accordance with the laws of the United States and the State of
3551ab64890SmrgCalifornia as applied to agreements entered into and to be performed entirely
3561ab64890Smrgwithin California between California residents. Any litigation relating to
3571ab64890Smrgthis License shall be subject to the exclusive jurisdiction of the Federal
3581ab64890SmrgCourts of the Northern District of California (or, absent subject matter
3591ab64890Smrgjurisdiction in such courts, the courts of the State of California), with
3601ab64890Smrgvenue lying exclusively in Santa Clara County, California, with the losing
3611ab64890Smrgparty responsible for costs, including without limitation, court costs and
3621ab64890Smrgreasonable attorneys fees and expenses. The application of the United Nations
3631ab64890SmrgConvention on Contracts for the International Sale of Goods is expressly
3641ab64890Smrgexcluded. Any law or regulation which provides that the language of a con-
3651ab64890Smrgtract shall be construed against the drafter shall not apply to this License.
3661ab64890Smrg
3671ab64890SmrgExhibit A
3681ab64890Smrg
3691ab64890SmrgThe contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 and
3701ab64890Smrg13 of the GLX Public License Version 1.0 (the "License"). You may not use
3711ab64890Smrgthis file except in compliance with those sections of the License. You may
3721ab64890Smrgobtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services,
3731ab64890Smrg2011 N. Shoreline Blvd., Mountain View, CA 94043 or at
3741ab64890Smrghttp://www.sgi.com/software/opensource/glx/license.html.
3751ab64890Smrg
3761ab64890SmrgSoftware distributed under the License is distributed on an "AS IS" basis.
3771ab64890SmrgALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
3781ab64890SmrgWARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-
3791ab64890SmrgINFRINGEMENT. See the License for the specific language governing rights and
3801ab64890Smrglimitations under the License.
3811ab64890Smrg
3821ab64890SmrgThe Original Software is GLX version 1.2 source code, released February,
3831ab64890Smrg1999. The developer of the Original Software is Silicon Graphics, Inc.  Those
3841ab64890Smrgportions of the Subject Software created by Silicon Graphics, Inc.  are Copy-
3851ab64890Smrgright (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.
3861ab64890Smrg
3871ab64890Smrg2.5  CID Font Code Public License
3881ab64890Smrg
3891ab64890SmrgCID FONT CODE PUBLIC LICENSE (Version 1.0 (3/31/99))("License")
3901ab64890Smrg
3911ab64890SmrgSubject to any applicable third party claims, Silicon Graphics, Inc. ("SGI")
3921ab64890Smrghereby grants permission to Recipient (defined below), under SGI's copyrights
3931ab64890Smrgin the Original Software (defined below), to use, copy, modify, merge, pub-
3941ab64890Smrglish, distribute, sublicense and/or sell copies of Subject Software (defined
3951ab64890Smrgbelow) in both source code and executable form, and to permit persons to whom
3961ab64890Smrgthe Subject Software is furnished in accordance with this License to do the
3971ab64890Smrgsame, subject to all of the following terms and conditions, which Recipient
3981ab64890Smrgaccepts by engaging in any such use, copying, modifying, merging, publica-
3991ab64890Smrgtion, distributing, sublicensing or selling:
4001ab64890Smrg
4011ab64890Smrg1. Definitions.
4021ab64890Smrg
4031ab64890Smrg     a. "Original Software" means source code of computer software code
4041ab64890Smrg     that is described in Exhibit A as Original Software.
4051ab64890Smrg
4061ab64890Smrg     b. "Modifications" means any addition to or deletion from the sub-
4071ab64890Smrg     stance or structure of either the Original Software or any previous
4081ab64890Smrg     Modifications. When Subject Software is released as a series of
4091ab64890Smrg     files, a Modification means (i) any addition to or deletion from
4101ab64890Smrg     the contents of a file containing Original Software or previous
4111ab64890Smrg     Modifications and (ii) any new file that contains any part of the
4121ab64890Smrg     Original Code or previous Modifications.
4131ab64890Smrg
4141ab64890Smrg     c. "Subject Software" means the Original Software or Modifications
4151ab64890Smrg     or the combination of the Original Software and Modifications, or
4161ab64890Smrg     portions of any of the foregoing.
4171ab64890Smrg
4181ab64890Smrg     d. "Recipient" means an individual or a legal entity exercising
4191ab64890Smrg     rights under the terms of this License. For legal entities, "Recip-
4201ab64890Smrg     ient" includes any entity that controls, is controlled by, or is
4211ab64890Smrg     under common control with Recipient. For purposes of this defini-
4221ab64890Smrg     tion, "control" of an entity means (i) the power, direct or indi-
4231ab64890Smrg     rect, to direct or manage such entity, or (ii) ownership of fifty
4241ab64890Smrg     percent (50%) or more of the outstanding shares or beneficial own-
4251ab64890Smrg     ership of such entity.
4261ab64890Smrg
4271ab64890Smrg     e. "Required Notice" means the notice set forth in Exhibit A to
4281ab64890Smrg     this License.
4291ab64890Smrg
4301ab64890Smrg     f. "Accompanying Technology" means any software or other technology
4311ab64890Smrg     that is not a Modification and that is distributed or made publicly
4321ab64890Smrg     available by Recipient with the Subject Software.  Separate soft-
4331ab64890Smrg     ware files that do not contain any Original Software or any previ-
4341ab64890Smrg     ous Modification shall not be deemed a Modification, even if such
4351ab64890Smrg     software files are aggregated as part of a product, or in any
4361ab64890Smrg     medium of storage, with any file that does contain Original Soft-
4371ab64890Smrg     ware or any previous Modification.
4381ab64890Smrg
4391ab64890Smrg2. License Terms. All distribution of the Subject Software must be made sub-
4401ab64890Smrgject to the terms of this License. A copy of this License and the Required
4411ab64890SmrgNotice must be included in any documentation for Subject Software where
4421ab64890SmrgRecipient's rights relating to Subject Software and/or any Accompanying Tech-
4431ab64890Smrgnology are described. Distributions of Subject Software in source code form
4441ab64890Smrgmust also include the Required Notice in every file distributed. In addition,
4451ab64890Smrga ReadMe file entitled "Important Legal Notice" must be distributed with each
4461ab64890Smrgdistribution of one or more files that incorporate Subject Software. That
4471ab64890Smrgfile must be included with distributions made in both source code and exe-
4481ab64890Smrgcutable form. A copy of the License and the Required Notice must be included
4491ab64890Smrgin that file.  Recipient may distribute Accompanying Technology under a
4501ab64890Smrglicense of Recipient's choice, which may contain terms different from this
4511ab64890SmrgLicense, provided that (i) Recipient is in compliance with the terms of this
4521ab64890SmrgLicense, (ii) such other license terms do not modify or supersede the terms
4531ab64890Smrgof this License as applicable to the Subject Software, (iii) Recipient hereby
4541ab64890Smrgindemnifies SGI for any liability incurred by SGI as a result of the distri-
4551ab64890Smrgbution of Accompanying Technology or the use of other license terms.
4561ab64890Smrg
4571ab64890Smrg3. Termination. This License and the rights granted hereunder will terminate
4581ab64890Smrgautomatically if Recipient fails to comply with terms herein and fails to
4591ab64890Smrgcure such breach within 30 days of the breach. Any sublicense to the Subject
4601ab64890SmrgSoftware that is properly granted shall survive any termination of this
4611ab64890SmrgLicense absent termination by the terms of such sublicense. Provisions which,
4621ab64890Smrgby their nature, must remain in effect beyond the termination of this License
4631ab64890Smrgshall survive.
4641ab64890Smrg
4651ab64890Smrg4. Trademark Rights. This License does not grant any rights to use any trade
4661ab64890Smrgname, trademark or service mark whatsoever. No trade name, trademark or ser-
4671ab64890Smrgvice mark of SGI may be used to endorse or promote products derived from or
4681ab64890Smrgincorporating any Subject Software without prior written permission of SGI.
4691ab64890Smrg
4701ab64890Smrg5. No Other Rights. No rights or licenses not expressly granted hereunder
4711ab64890Smrgshall arise by implication, estoppel or otherwise. Title to and ownership of
4721ab64890Smrgthe Original Software at all times remains with SGI. All rights in the Origi-
4731ab64890Smrgnal Software not expressly granted under this License are reserved.
4741ab64890Smrg
4751ab64890Smrg6. Compliance with Laws; Non-Infringement. Recipient shall comply with all
4761ab64890Smrgapplicable laws and regulations in connection with use and distribution of
4771ab64890Smrgthe Subject Software, including but not limited to, all export and import
4781ab64890Smrgcontrol laws and regulations of the U.S. government and other countries.
4791ab64890SmrgRecipient may not distribute Subject Software that (i) in any way infringes
4801ab64890Smrg(directly or contributorily) the rights (including patent, copyright, trade
4811ab64890Smrgsecret, trademark or other intellectual property rights of any kind) of any
4821ab64890Smrgother person or entity, or (ii) breaches any representation or warranty,
4831ab64890Smrgexpress, implied or statutory, which under any applicable law it might be
4841ab64890Smrgdeemed to have been distributed.
4851ab64890Smrg
4861ab64890Smrg7. Claims of Infringement. If Recipient at any time has knowledge of any one
4871ab64890Smrgor more third party claims that reproduction, modification, use, distribu-
4881ab64890Smrgtion, import or sale of Subject Software (including particular functionality
4891ab64890Smrgor code incorporated in Subject Software) infringes the third party's intel-
4901ab64890Smrglectual property rights, Recipient must place in a well-identified web page
4911ab64890Smrgbearing the title "LEGAL" a description of each such claim and a description
4921ab64890Smrgof the party making each such claim in sufficient detail that a user of the
4931ab64890SmrgSubject Software will know whom to contact regarding the claim. Also, upon
4941ab64890Smrggaining such knowledge of any such claim, Recipient must conspicuously
4951ab64890Smrginclude the URL for such web page in the Required Notice, and in the text of
4961ab64890Smrgany related documentation, license agreement or collateral in which Recipient
4971ab64890Smrgdescribes end user's rights relating to the Subject Software. If Recipient
4981ab64890Smrgobtains such knowledge after it makes Subject Software available to any other
4991ab64890Smrgperson or entity, Recipient shall take other steps (such as notifying appro-
5001ab64890Smrgpriate mailing lists or newsgroups) reasonably calculated to provide such
5011ab64890Smrgknowledge to those who received the Subject Software.
5021ab64890Smrg
5031ab64890Smrg8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,
5041ab64890SmrgWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
5051ab64890SmrgLIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-
5061ab64890SmrgCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SGI ASSUMES NO
5071ab64890SmrgRISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE
5081ab64890SmrgPROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-
5091ab64890SmrgVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
5101ab64890SmrgESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED
5111ab64890SmrgHEREUNDER EXCEPT UNDER THIS DISCLAIMER.
5121ab64890Smrg
5131ab64890Smrg9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
5141ab64890SmrgWHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY),
5151ab64890SmrgCONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY
5161ab64890SmrgCLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
5171ab64890SmrgOTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SUBJECT SOFTWARE OR
5181ab64890SmrgTHE USE OR OTHER DEALINGS IN THE SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT
5191ab64890SmrgALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND
5201ab64890SmrgLIMITATION MAY NOT APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.
5211ab64890Smrg
5221ab64890Smrg10. Indemnity. Recipient shall be solely responsible for damages arising,
5231ab64890Smrgdirectly or indirectly, out of its utilization of rights under this License.
5241ab64890SmrgRecipient will defend, indemnify and hold SGI and its successors and assigns
5251ab64890Smrgharmless from and against any loss, liability, damages, costs or expenses
5261ab64890Smrg(including the payment of reasonable attorneys fees) arising out of (Recipi-
5271ab64890Smrgent's use, modification, reproduction and distribution of the Subject Soft-
5281ab64890Smrgware or out of any representation or warranty made by Recipient.
5291ab64890Smrg
5301ab64890Smrg11. U.S. Government End Users. The Subject Software is a "commercial item"
5311ab64890Smrgconsisting of "commercial computer software" as such terms are defined in
5321ab64890Smrgtitle 48 of the Code of Federal Regulations and all U.S. Government End Users
5331ab64890Smrgacquire only the rights set forth in this License and are subject to the
5341ab64890Smrgterms of this License.
5351ab64890Smrg
5361ab64890Smrg12. Miscellaneous. This License represents the complete agreement concerning
5371ab64890Smrgsubject matter hereof. If any provision of this License is held to be unen-
5381ab64890Smrgforceable by any judicial or administrative authority having proper jurisdic-
5391ab64890Smrgtion with respect thereto, such provision shall be reformed so as to achieve
5401ab64890Smrgas nearly as possible the same economic effect as the original provision and
5411ab64890Smrgthe remainder of this License will remain in effect. This License shall be
5421ab64890Smrggoverned by and construed in accordance with the laws of the United States
5431ab64890Smrgand the State of California as applied to agreements entered into and to be
5441ab64890Smrgperformed entirely within California between California residents. Any liti-
5451ab64890Smrggation relating to this License shall be subject to the exclusive jurisdic-
5461ab64890Smrgtion of the Federal Courts of the Northern District of California (or, absent
5471ab64890Smrgsubject matter jurisdiction in such courts, the courts of the State of Cali-
5481ab64890Smrgfornia), with venue lying exclusively in Santa Clara County, California, with
5491ab64890Smrgthe losing party responsible for costs, including without limitation, court
5501ab64890Smrgcosts and reasonable attorneys fees and expenses. The application of the
5511ab64890SmrgUnited Nations Convention on Contracts for the International Sale of Goods is
5521ab64890Smrgexpressly excluded. Any law or regulation that provides that the language of
5531ab64890Smrga contract shall be construed against the drafter shall not apply to this
5541ab64890SmrgLicense.
5551ab64890Smrg
5561ab64890SmrgExhibit A
5571ab64890Smrg
5581ab64890SmrgCopyright (c) 1994-1999 Silicon Graphics, Inc.
5591ab64890Smrg
5601ab64890SmrgThe contents of this file are subject to the CID Font Code Public License
5611ab64890SmrgVersion 1.0 (the "License"). You may not use this file except in compliance
5621ab64890Smrgwith the License. You may obtain a copy of the License at Silicon Graphics,
5631ab64890SmrgInc., attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043
5641ab64890Smrgor at http://www.sgi.com/software/opensource/cid/license.html
5651ab64890Smrg
5661ab64890SmrgSoftware distributed under the License is distributed on an "AS IS" basis.
5671ab64890SmrgALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
5681ab64890SmrgWARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-
5691ab64890SmrgINFRINGEMENT. See the License for the specific language governing rights and
5701ab64890Smrglimitations under the License.
5711ab64890Smrg
5721ab64890SmrgThe Original Software (as defined in the License) is CID font code that was
5731ab64890Smrgdeveloped by Silicon Graphics, Inc. Those portions of the Subject Software
5741ab64890Smrg(as defined in the License) that were created by Silicon Graphics, Inc. are
5751ab64890SmrgCopyright (c) 1994-1999 Silicon Graphics, Inc. All Rights Reserved.
5761ab64890Smrg
5771ab64890Smrg[NOTE: When using this text in connection with Subject Software delivered
5781ab64890Smrgsolely in object code form, Recipient may replace the words "this file" with
5791ab64890Smrg"this software" in both the first and second sentences.]
5801ab64890Smrg
5811ab64890Smrg********************************************************************************
5821ab64890Smrg
5831ab64890SmrgXFree86's LICENSE document does not appear to be completely
5841ab64890Smrgcomprehensive.
5851ab64890Smrg
5861ab64890SmrgMany files appear to be licensed under the "SGI FREE SOFTWARE
5871ab64890SmrgLICENSE B (Version 1.1 [02/22/2000])":
5881ab64890Smrg
5891ab64890SmrgSGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])
5901ab64890Smrg
5911ab64890Smrg1. Definitions.
5921ab64890Smrg
5931ab64890Smrg    1.1. "Additional Notice Provisions" means such additional provisions as
5941ab64890Smrg    appear in the Notice in Original Code under the heading "Additional
5951ab64890Smrg    Notice Provisions."
5961ab64890Smrg
5971ab64890Smrg    1.2. "Covered Code" means the Original Code or Modifications, or any
5981ab64890Smrg    combination thereof.
5991ab64890Smrg
6001ab64890Smrg    1.3. "Hardware" means any physical device that accepts input, processes
6011ab64890Smrg    input, stores the results of processing, and/or provides output.
6021ab64890Smrg
6031ab64890Smrg    1.4. "Larger Work" means a work that combines Covered Code or portions
6041ab64890Smrg    thereof with code not governed by the terms of this License.
6051ab64890Smrg
6061ab64890Smrg    1.5. "Licensable" means having the right to grant, to the maximum
6071ab64890Smrg    extent possible, whether at the time of the initial grant or
6081ab64890Smrg    subsequently acquired, any and all of the rights conveyed herein.
6091ab64890Smrg
6101ab64890Smrg    1.6. "License" means this document.
6111ab64890Smrg
6121ab64890Smrg    1.7. "Licensed Patents" means patent claims Licensable by SGI that are
6131ab64890Smrg    infringed by the use or sale of Original Code or any Modifications
6141ab64890Smrg    provided by SGI, or any combination thereof.
6151ab64890Smrg
6161ab64890Smrg    1.8. "Modifications" means any addition to or deletion from the
6171ab64890Smrg    substance or structure of the Original Code or any previous
6181ab64890Smrg    Modifications. When Covered Code is released as a series of files, a
6191ab64890Smrg    Modification is:
6201ab64890Smrg
6211ab64890Smrg        A. Any addition to the contents of a file containing Original Code
6221ab64890Smrg        and/or addition to or deletion from the contents of a file
6231ab64890Smrg        containing previous Modifications.
6241ab64890Smrg
6251ab64890Smrg        B. Any new file that contains any part of the Original Code or
6261ab64890Smrg        previous Modifications.
6271ab64890Smrg
6281ab64890Smrg    1.9. "Notice" means any notice in Original Code or Covered Code, as
6291ab64890Smrg    required by and in compliance with this License.
6301ab64890Smrg
6311ab64890Smrg    1.10. "Original Code" means source code of computer software code that
6321ab64890Smrg    is described in the source code Notice required by Exhibit A as
6331ab64890Smrg    Original Code, and updates and error corrections specifically thereto.
6341ab64890Smrg
6351ab64890Smrg    1.11. "Recipient" means an individual or a legal entity exercising
6361ab64890Smrg    rights under, and complying with all of the terms of, this License or a
6371ab64890Smrg    future version of this License issued under Section 8.  For legal
6381ab64890Smrg    entities, "Recipient" includes any entity that controls, is controlled
6391ab64890Smrg    by, or is under common control with Recipient. For purposes of this
6401ab64890Smrg    definition, "control" of an entity means (a) the power, direct or
6411ab64890Smrg    indirect, to direct or manage such entity, or (b) ownership of fifty
6421ab64890Smrg    percent (50%) or more of the outstanding shares or beneficial ownership
6431ab64890Smrg    of such entity.
6441ab64890Smrg
6451ab64890Smrg    1.12. "Recipient Patents" means patent claims Licensable by a Recipient
6461ab64890Smrg    that are infringed by the use or sale of Original Code or any
6471ab64890Smrg    Modifications provided by SGI, or any combination thereof.
6481ab64890Smrg
6491ab64890Smrg    1.13. "SGI" means Silicon Graphics, Inc.
6501ab64890Smrg
6511ab64890Smrg    1.14. "SGI Patents" means patent claims Licensable by SGI other than
6521ab64890Smrg    the Licensed Patents.
6531ab64890Smrg
6541ab64890Smrg2. License Grant and Restrictions.
6551ab64890Smrg
6561ab64890Smrg    2.1. SGI License Grant. Subject to the terms of this License and any
6571ab64890Smrg    third party intellectual property claims, for the duration of
6581ab64890Smrg    intellectual property protections inherent in the Original Code, SGI
6591ab64890Smrg    hereby grants Recipient a worldwide, royalty-free, non-exclusive
6601ab64890Smrg    license, to do the following: (i) under copyrights Licensable by SGI,
6611ab64890Smrg    to reproduce, distribute, create derivative works from, and, to the
6621ab64890Smrg    extent applicable, display and perform the Original Code and/or any
6631ab64890Smrg    Modifications provided by SGI alone and/or as part of a Larger Work;
6641ab64890Smrg    and (ii) under any Licensable Patents, to make, have made, use, sell,
6651ab64890Smrg    offer for sale, import and/or otherwise transfer the Original Code
6661ab64890Smrg    and/or any Modifications provided by SGI. Recipient accepts the terms
6671ab64890Smrg    and conditions of this License by undertaking any of the aforementioned
6681ab64890Smrg    actions. The patent license shall apply to the Covered Code if, at the
6691ab64890Smrg    time any related Modification is added, such addition of the
6701ab64890Smrg    Modification causes such combination to be covered by the Licensed
6711ab64890Smrg    Patents. The patent license in Section 2.1(ii) shall not apply to any
6721ab64890Smrg    other combinations that include the Modification.  No patent license is
6731ab64890Smrg    provided under SGI Patents for infringements of SGI Patents by
6741ab64890Smrg    Modifications not provided by SGI or combinations of Original Code and
6751ab64890Smrg    Modifications not provided by SGI.
6761ab64890Smrg
6771ab64890Smrg    2.2. Recipient License Grant. Subject to the terms of this License and
6781ab64890Smrg    any third party intellectual property claims, Recipient hereby grants
6791ab64890Smrg    SGI and any other Recipients a worldwide, royalty-free, non-exclusive
6801ab64890Smrg    license, under any Recipient Patents, to make, have made, use, sell,
6811ab64890Smrg    offer for sale, import and/or otherwise transfer the Original Code
6821ab64890Smrg    and/or any Modifications provided by SGI.
6831ab64890Smrg
6841ab64890Smrg    2.3. No License For Hardware Implementations. The licenses granted in
6851ab64890Smrg    Section 2.1 and 2.2 are not applicable to implementation in Hardware of
6861ab64890Smrg    the algorithms embodied in the Original Code or any Modifications
6871ab64890Smrg    provided by SGI .
6881ab64890Smrg
6891ab64890Smrg3. Redistributions.
6901ab64890Smrg
6911ab64890Smrg    3.1. Retention of Notice/Copy of License. The Notice set forth in
6921ab64890Smrg    Exhibit A, below, must be conspicuously retained or included in any and
6931ab64890Smrg    all redistributions of Covered Code. For distributions of the Covered
6941ab64890Smrg    Code in source code form, the Notice must appear in every file that can
6951ab64890Smrg    include a text comments field; in executable form, the Notice and a
6961ab64890Smrg    copy of this License must appear in related documentation or collateral
6971ab64890Smrg    where the Recipient's rights relating to Covered Code are described.
6981ab64890Smrg    Any Additional Notice Provisions which actually appears in the Original
6991ab64890Smrg    Code must also be retained or included in any and all redistributions
7001ab64890Smrg    of Covered Code.
7011ab64890Smrg
7021ab64890Smrg    3.2. Alternative License. Provided that Recipient is in compliance with
7031ab64890Smrg    the terms of this License, Recipient may, so long as without derogation
7041ab64890Smrg    of any of SGI's rights in and to the Original Code, distribute the
7051ab64890Smrg    source code and/or executable version(s) of Covered Code under (1) this
7061ab64890Smrg    License; (2) a license identical to this License but for only such
7071ab64890Smrg    changes as are necessary in order to clarify Recipient's role as
7081ab64890Smrg    licensor of Modifications; and/or (3) a license of Recipient's
7091ab64890Smrg    choosing, containing terms different from this License, provided that
7101ab64890Smrg    the license terms include this Section 3 and Sections 4, 6, 7, 10, 12,
7111ab64890Smrg    and 13, which terms may not be modified or superseded by any other
7121ab64890Smrg    terms of such license. If Recipient elects to use any license other
7131ab64890Smrg    than this License, Recipient must make it absolutely clear that any of
7141ab64890Smrg    its terms which differ from this License are offered by Recipient
7151ab64890Smrg    alone, and not by SGI. It is emphasized that this License is a limited
7161ab64890Smrg    license, and, regardless of the license form employed by Recipient in
7171ab64890Smrg    accordance with this Section 3.2, Recipient may relicense only such
7181ab64890Smrg    rights, in Original Code and Modifications by SGI, as it has actually
7191ab64890Smrg    been granted by SGI in this License.
7201ab64890Smrg
7211ab64890Smrg    3.3. Indemnity. Recipient hereby agrees to indemnify SGI for any
7221ab64890Smrg    liability incurred by SGI as a result of any such alternative license
7231ab64890Smrg    terms Recipient offers.
7241ab64890Smrg
7251ab64890Smrg4. Termination. This License and the rights granted hereunder will
7261ab64890Smrgterminate automatically if Recipient breaches any term herein and fails to
7271ab64890Smrgcure such breach within 30 days thereof. Any sublicense to the Covered Code
7281ab64890Smrgthat is properly granted shall survive any termination of this License,
7291ab64890Smrgabsent termination by the terms of such sublicense. Provisions that, by
7301ab64890Smrgtheir nature, must remain in effect beyond the termination of this License,
7311ab64890Smrgshall survive.
7321ab64890Smrg
7331ab64890Smrg5. No Trademark Or Other Rights. This License does not grant any rights to:
7341ab64890Smrg(i) any software apart from the Covered Code, nor shall any other rights or
7351ab64890Smrglicenses not expressly granted hereunder arise by implication, estoppel or
7361ab64890Smrgotherwise with respect to the Covered Code; (ii) any trade name, trademark
7371ab64890Smrgor service mark whatsoever, including without limitation any related right
7381ab64890Smrgfor purposes of endorsement or promotion of products derived from the
7391ab64890SmrgCovered Code, without prior written permission of SGI; or (iii) any title
7401ab64890Smrgto or ownership of the Original Code, which shall at all times remains with
7411ab64890SmrgSGI. All rights in the Original Code not expressly granted under this
7421ab64890SmrgLicense are reserved.
7431ab64890Smrg
7441ab64890Smrg6. Compliance with Laws; Non-Infringement. There are various worldwide
7451ab64890Smrglaws, regulations, and executive orders applicable to dispositions of
7461ab64890SmrgCovered Code, including without limitation export, re-export, and import
7471ab64890Smrgcontrol laws, regulations, and executive orders, of the U.S. government and
7481ab64890Smrgother countries, and Recipient is reminded it is obliged to obey such laws,
7491ab64890Smrgregulations, and executive orders. Recipient may not distribute Covered
7501ab64890SmrgCode that (i) in any way infringes (directly or contributorily) any
7511ab64890Smrgintellectual property rights of any kind of any other person or entity or
7521ab64890Smrg(ii) breaches any representation or warranty, express, implied or
7531ab64890Smrgstatutory, to which, under any applicable law, it might be deemed to have
7541ab64890Smrgbeen subject.
7551ab64890Smrg
7561ab64890Smrg7. Claims of Infringement. If Recipient learns of any third party claim
7571ab64890Smrgthat any disposition of Covered Code and/or functionality wholly or
7581ab64890Smrgpartially infringes the third party's intellectual property rights,
7591ab64890SmrgRecipient will promptly notify SGI of such claim.
7601ab64890Smrg
7611ab64890Smrg8. Versions of the License. SGI may publish revised and/or new versions of
7621ab64890Smrgthe License from time to time, each with a distinguishing version number.
7631ab64890SmrgOnce Covered Code has been published under a particular version of the
7641ab64890SmrgLicense, Recipient may, for the duration of the license, continue to use it
7651ab64890Smrgunder the terms of that version, or choose to use such Covered Code under
7661ab64890Smrgthe terms of any subsequent version published by SGI. Subject to the
7671ab64890Smrgprovisions of Sections 3 and 4 of this License, only SGI may modify the
7681ab64890Smrgterms applicable to Covered Code created under this License.
7691ab64890Smrg
7701ab64890Smrg9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS
7711ab64890SmrgAND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT
7721ab64890SmrgLIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
7731ab64890SmrgSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
7741ab64890SmrgNON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF
7751ab64890SmrgTHE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI
7761ab64890SmrgASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS
7771ab64890SmrgDISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
7781ab64890SmrgCOVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
7791ab64890Smrg10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY,
7801ab64890SmrgWHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
7811ab64890SmrgLIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE
7821ab64890SmrgFOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
7831ab64890SmrgANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
7841ab64890SmrgWORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
7851ab64890SmrgALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
7861ab64890SmrgINFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
7871ab64890SmrgSHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
7881ab64890SmrgSGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
7891ab64890SmrgSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
7901ab64890SmrgOR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
7911ab64890SmrgRECIPIENT.
7921ab64890Smrg
7931ab64890Smrg11. Indemnity. Recipient shall be solely responsible for damages arising,
7941ab64890Smrgdirectly or indirectly, out of its utilization of rights under this
7951ab64890SmrgLicense. Recipient will defend, indemnify and hold harmless Silicon
7961ab64890SmrgGraphics, Inc. from and against any loss, liability, damages, costs or
7971ab64890Smrgexpenses (including the payment of reasonable attorneys fees) arising out
7981ab64890Smrgof Recipient's use, modification, reproduction and distribution of the
7991ab64890SmrgCovered Code or out of any representation or warranty made by Recipient.
8001ab64890Smrg
8011ab64890Smrg12. U.S. Government End Users. The Covered Code is a "commercial item"
8021ab64890Smrgconsisting of "commercial computer software" as such terms are defined in
8031ab64890Smrgtitle 48 of the Code of Federal Regulations and all U.S. Government End
8041ab64890SmrgUsers acquire only the rights set forth in this License and are subject to
8051ab64890Smrgthe terms of this License.
8061ab64890Smrg
8071ab64890Smrg13. Miscellaneous. This License represents the complete agreement
8081ab64890Smrgconcerning the its subject matter. If any provision of this License is held
8091ab64890Smrgto be unenforceable, such provision shall be reformed so as to achieve as
8101ab64890Smrgnearly as possible the same legal and economic effect as the original
8111ab64890Smrgprovision and the remainder of this License will remain in effect. This
8121ab64890SmrgLicense shall be governed by and construed in accordance with the laws of
8131ab64890Smrgthe United States and the State of California as applied to agreements
8141ab64890Smrgentered into and to be performed entirely within California between
8151ab64890SmrgCalifornia residents. Any litigation relating to this License shall be
8161ab64890Smrgsubject to the exclusive jurisdiction of the Federal Courts of the Northern
8171ab64890SmrgDistrict of California (or, absent subject matter jurisdiction in such
8181ab64890Smrgcourts, the courts of the State of California), with venue lying
8191ab64890Smrgexclusively in Santa Clara County, California, with the losing party
8201ab64890Smrgresponsible for costs, including without limitation, court costs and
8211ab64890Smrgreasonable attorneys fees and expenses. The application of the United
8221ab64890SmrgNations Convention on Contracts for the International Sale of Goods is
8231ab64890Smrgexpressly excluded. Any law or regulation that provides that the language
8241ab64890Smrgof a contract shall be construed against the drafter shall not apply to
8251ab64890Smrgthis License.
8261ab64890Smrg
8271ab64890SmrgExhibit A
8281ab64890Smrg
8291ab64890SmrgLicense Applicability. Except to the extent portions of this file are made
8301ab64890Smrgsubject to an alternative license as permitted in the SGI Free Software
8311ab64890SmrgLicense B, Version 1.1 (the "License"), the contents of this file are
8321ab64890Smrgsubject only to the provisions of the License. You may not use this file
8331ab64890Smrgexcept in compliance with the License. You may obtain a copy of the License
8341ab64890Smrgat Silicon Graphics, Inc., attn: Legal Services, 1600 Amphitheatre Parkway,
8351ab64890SmrgMountain View, CA 94043-1351, or at: http://oss.sgi.com/projects/FreeB
8361ab64890Smrg
8371ab64890SmrgNote that, as provided in the License, the Software is distributed on an
8381ab64890Smrg"AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS
8391ab64890SmrgDISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND
8401ab64890SmrgCONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
8411ab64890SmrgPARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8421ab64890Smrg
8431ab64890SmrgOriginal Code. The Original Code is: [name of software, version number, and
8441ab64890Smrgrelease date], developed by Silicon Graphics, Inc. The Original Code is
8451ab64890SmrgCopyright (c) [dates of first publication, as appearing in the Notice in
8461ab64890Smrgthe Original Code] Silicon Graphics, Inc. Copyright in any portions created
8471ab64890Smrgby third parties is as indicated elsewhere herein. All Rights Reserved.
8481ab64890SmrgAdditional Notice Provisions: [such additional provisions, if any, as
8491ab64890Smrgappear in the Notice in the Original Code under the heading "Additional
8501ab64890SmrgNotice Provisions"]
8511ab64890Smrg
8521ab64890Smrgvim:set ai et sw=4 sts=4 tw=72:
853