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