232 lines
13 KiB
Text
232 lines
13 KiB
Text
SGI FREE SOFTWARE LICENSE B
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(Version 1.0 1/25/2000)
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1. Definitions.
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1.1 "Additional Notice Provisions" means such additional provisions as appear
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in the Notice in Original Code under the heading "Additional Notice Provisions."
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1.2 "API" means an application programming interface established by SGI in
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conjunction with the Original Code.
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1.3 "Covered Code" means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4 "Hardware" means any physical device that accepts input, processes input,
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stores the results of processing, and/or provides output.
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1.5 "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.6 "Licensable" means having the right to grant, to the maximum extent possible,
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whether at the time of the initial grant or subsequently acquired, any and
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all of the rights conveyed herein.
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1.7 "License" means this document.
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1.8 "Modifications" means any addition to the substance or structure of the
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Original Code and/or any addition to or deletion from previous Modifications.
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When Covered Code is released as a series of files, a Modification is:
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A. Any addition to the contents of a file containing Original Code and/or
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any addition to or deletion from previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.9 "Notice" means any notice in Original Code or Covered Code, as required
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by and in compliance with this License.
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1.10 "Original Code" means source code of computer software code which is
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described in the source code Notice required by Exhibit A as Original Code,
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and updates and error corrections specifically thereto.
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1.11 "Recipient" means an individual or a legal entity exercising rights under,
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and complying with all of the terms of, this License or a future version of
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this License issued under Section 8. For legal entities, "Recipient" includes
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any entity which controls, is controlled by, or is under common control with
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Recipient. For purposes of this definition, "control" of an entity means (a)
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the power, direct or indirect, to direct or manage such entity, or (b) ownership
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of fifty percent (50%) or more of the outstanding shares or beneficial ownership
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of such entity.
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1.12 SGI" means Silicon Graphics, Inc.
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2. License Grant and Restrictions.
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2.1 License Grant. Subject to the provisions of this License and any third
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party intellectual property claims, for the duration of intellectual property
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protections inherent in the Original Code, SGI hereby grants Recipient a worldwide,
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royalty-free, non-exclusive license, to do the following: (i) under copyrights
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Licensable by SGI, to reproduce, distribute, create derivative works from,
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and, to the extent applicable, display and perform the Original Code alone
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and/or as part of a Larger Work; and (ii) under any patent claims Licensable
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by SGI and embodied in the Original Code, to make, have made, use, practice,
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sell, and offer for sale, and/or otherwise dispose of the Original Code. Recipient
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accepts the terms and conditions of this License by undertaking any of the
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aforementioned actions.
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2.2 Restriction on Patent License. Notwithstanding the provisions of Section
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2.1(ii), no patent license is granted: 1) separate from the Original Code;
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nor 2) for infringements caused by (i) modification of the Original Code,
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or (ii) the combination of the Original Code with other software or Hardware.
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2.3 No License For Hardware Implementations. The licenses granted in Section
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2.1 are not applicable to implementation in Hardware of the algorithms embodied
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in the Original Code.
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2.4 Modifications License and API Compliance. Modifications are only licensed
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under Section 2.1(i) to the extent such Modifications are fully compliant
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with any API as may be identified in Additional Notice Provisions as appear
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in the Original Code.
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3. Redistributions.
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A. Retention of Notice/Copy of License. The Notice set forth in Exhibit A,
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below, must be conspicuously retained or included in any and all redistributions
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of Covered Code. For distributions of the Covered Code in source code form,
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the Notice must appear in every file that can include a text comments field;
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in executable form, the Notice and a copy of this License must appear in related
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documentation or collateral where the Recipient's rights relating to Covered
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Code are described. Any Additional Notice Provisions which actually appears
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in the Original Code must also be retained or included in any and all redistributions
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of Covered Code.
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B. Alternative License. Provided that Recipient is in compliance with the
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terms of this License, Recipient may distribute the source code and/or executable
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version(s) of Covered Code under (1) this License; (2) a license identical
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to this License but for only such changes as are necessary in order to clarify
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Recipient's role as licensor of Modifications, without derogation of any of
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SGI's rights; and/or (3) a license of Recipient's choosing, containing terms
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different from this License, provided that the license terms include this
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Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified
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or superseded by any other terms of such license. If Recipient elects to use
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any license other than this License, Recipient must make it absolutely clear
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that any of its terms which differ from this License are offered by Recipient
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alone, and not by SGI.
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C. Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred
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by SGI as a result of any such alternative license terms Recipient offers.
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4. Termination. This License and the rights granted hereunder will terminate
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automatically if Recipient breaches any term herein and fails to cure such
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breach within 30 days thereof. Any sublicense to the Covered Code that is
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properly granted shall survive any termination of this License, absent termination
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by the terms of such sublicense. Provisions that, by their nature, must remain
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in effect beyond the termination of this License, shall survive.
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5. No Trademark Or Other Rights. This License does not grant any rights to:
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(i) any software apart from the Covered Code, nor shall any other rights or
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licenses not expressly granted hereunder arise by implication, estoppel or
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otherwise with respect to the Covered Code; (ii) any trade name, trademark
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or service mark whatsoever, including without limitation any related right
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for purposes of endorsement or promotion of products derived from the Covered
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Code, without prior written permission of SGI; or (iii) any title to or ownership
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of the Original Code, which shall at all times remains with SGI. All rights
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in the Original Code not expressly granted under this License are reserved.
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6. Compliance with Laws; Non-Infringement. Recipient hereby assures that it
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shall comply with all applicable laws, regulations, and executive orders,
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in connection with any and all dispositions of Covered Code, including but
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not limited to, all export, re-export, and import control laws, regulations,
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and executive orders, of the U.S. government and other countries. Recipient
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may not distribute Covered Code that (i) in any way infringes (directly or
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contributorily) the rights (including patent, copyright, trade secret, trademark
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or other intellectual property rights of any kind) of any other person or
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entity or (ii) breaches any representation or warranty, express, implied or
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statutory, to which, under any applicable law, it might be deemed to have
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been subject.
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7. Claims of Infringement. If Recipient learns of any third party claim that
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any disposition of Covered Code and/or functionality wholly or partially infringes
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the third party's intellectual property rights, Recipient will promptly notify
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SGI of such claim.
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8. Versions of the License. SGI may publish revised and/or new versions of
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the License from time to time, each with a distinguishing version number.
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Once Covered Code has been published under a particular version of the License,
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Recipient may, for the duration of the license, continue to use it under the
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terms of that version, or choose to use such Covered Code under the terms
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of any subsequent version published by SGI. Subject to the provisions of Sections
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3 and 4 of this License, only SGI may modify the terms applicable to Covered
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Code created under this License.
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9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND
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IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION,
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ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
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FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK
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AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE
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DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING,
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF
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THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT
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TO THIS DISCLAIMER.
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10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER
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TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT,
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OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA,
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COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
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SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
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DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE
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LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
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LIMITATION MAY NOT APPLY TO RECIPIENT.
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11. Indemnity. Recipient shall be solely responsible for damages arising,
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directly or indirectly, out of its utilization of rights under this License.
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Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.
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from and against any loss, liability, damages, costs or expenses (including
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the payment of reasonable attorneys fees) arising out of Recipient's use,
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modification, reproduction and distribution of the Covered Code or out of
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any representation or warranty made by Recipient.
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12. U.S. Government End Users. The Covered Code is a "commercial item" consisting
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of "commercial computer software" as such terms are defined in title 48 of
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the Code of Federal Regulations and all U.S. Government End Users acquire
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only the rights set forth in this License and are subject to the terms of
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this License.
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13. Miscellaneous. This License represents the complete agreement concerning
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the its subject matter. If any provision of this License is held to be unenforceable,
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such provision shall be reformed so as to achieve as nearly as possible the
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same legal and economic effect as the original provision and the remainder
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of this License will remain in effect. This License shall be governed by and
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construed in accordance with the laws of the United States and the State of
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California as applied to agreements entered into and to be performed entirely
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within California between California residents. Any litigation relating to
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this License shall be subject to the exclusive jurisdiction of the Federal
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Courts of the Northern District of California (or, absent subject matter jurisdiction
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in such courts, the courts of the State of California), with venue lying exclusively
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in Santa Clara County, California, with the losing party responsible for costs,
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including without limitation, court costs and reasonable attorneys fees and
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expenses. The application of the United Nations Convention on Contracts for
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the International Sale of Goods is expressly excluded. Any law or regulation
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which provides that the language of a contract shall be construed against
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the drafter shall not apply to this License. Exhibit A
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License Applicability. Except to the extent portions of this file are made
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subject to an alternative license as permitted in the SGI Free Software License
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B, Version 1.0 (the "License"), the contents of this file are subject only
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to the provisions of the License. You may not use this file except in compliance
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with the License. You may obtain a copy of the License at Silicon Graphics,
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Inc., attn: Legal Services, 1600 Ampitheatre Parkway, Mountain View, CA 94043-1351,
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or at:
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http://oss.sgi.com/projects/FreeB
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Note that, as provided in the License, the Software is distributed on an "AS
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IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED,
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INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
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SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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Original Code. The Original Code is: [ name of software , version number ,
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and release date ] , developed by Silicon Graphics, Inc. The Original Code
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is Copyright (c) [ dates of first publication, as appearing in the Notice
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in the Original Code ] Silicon Graphics, Inc. Copyright in any portions created
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by third parties is as indicated elsewhere herein. All Rights Reserved.
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Additional Notice Provisions: [ such additional provisions, if any, as appear
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in the Notice in the Original Code under the heading "Additional Notice Provisions"
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]
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