GLX PUBLIC LICENSE (Version 1.0 (2/11/99)) ("License") | |
Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby | |
grants permission to Recipient (defined below), under Recipient's | |
copyrights in the Original Software (defined below), to use, copy, | |
modify, merge, publish, distribute, sublicense and/or sell copies of | |
Subject Software (defined below), and to permit persons to whom the | |
Subject Software is furnished in accordance with this License to do the | |
same, subject to all of the following terms and conditions, which | |
Recipient accepts by engaging in any such use, copying, modifying, | |
merging, publishing, distributing, sublicensing or selling: | |
1. Definitions. | |
(a) "Original Software" means source code of computer software code | |
which is described in Exhibit A as Original Software. | |
(b) "Modifications" means any addition to or deletion from the | |
substance or structure of either the Original Software or any | |
previous Modifications. When Subject Software is released as a | |
series of files, a Modification means (i) any addition to or | |
deletion from the contents of a file containing Original Software or | |
previous Modifications and (ii) any new file that contains any part | |
of the Original Code or previous Modifications. | |
(c) "Subject Software" means the Original Software or Modifications | |
or the combination of the Original Software and Modifications, or | |
portions of any of the foregoing. | |
(d) "Recipient" means an individual or a legal entity exercising | |
rights under, and complying with all of the terms of, this License. | |
For legal entities, "Recipient" includes any entity which controls, | |
is controlled by, or is under common control with Recipient. For | |
purposes of this definition, "control" of an entity means (a) the | |
power, direct or indirect, to direct or manage such entity, or (b) | |
ownership of fifty percent (50%) or more of the outstanding shares | |
or beneficial ownership of such entity. | |
2. Redistribution of Source Code Subject to These Terms. Redistributions | |
of Subject Software in source code form must retain the notice set forth | |
in Exhibit A, below, in every file. A copy of this License must be | |
included in any documentation for such Subject Software where the | |
recipients' rights relating to Subject Software are described. Recipient | |
may distribute the source code version of Subject Software under a | |
license of Recipient's choice, which may contain terms different from | |
this License, provided that (i) Recipient is in compliance with the | |
terms of this License, and (ii) the license terms include this Section 2 | |
and Sections 3, 4, 7, 8, 10, 12 and 13 of this License, which terms may | |
not be modified or superseded by any other terms of such license. If | |
Recipient distributes the source code version under a different license | |
Recipient must make it absolutely clear that any terms which differ from | |
this License are offered by Recipient alone, not by SGI. Recipient | |
hereby agrees to indemnify SGI for any liability incurred by SGI as a | |
result of any such terms Recipient offers. | |
3. Redistribution in Executable Form. The notice set forth in Exhibit A | |
must be conspicuously included in any notice in an executable version of | |
Subject Software, related documentation or collateral in which Recipient | |
describes the user's rights relating to the Subject Software. Recipient | |
may distribute the executable version of Subject Software under a | |
license of Recipient's choice, which may contain terms different from | |
this License, provided that (i) Recipient is in compliance with the | |
terms of this License, and (ii) the license terms include this Section 3 | |
and Sections 4, 7, 8, 10, 12 and 13 of this License, which terms may not | |
be modified or superseded by any other terms of such license. If | |
Recipient distributes the executable version under a different license | |
Recipient must make it absolutely clear that any terms which differ from | |
this License are offered by Recipient alone, not by SGI. Recipient | |
hereby agrees to indemnify SGI for any liability incurred by SGI as a | |
result of any such terms Recipient offers. | |
4. Termination. This License and the rights granted hereunder will | |
terminate automatically if Recipient fails to comply with terms herein | |
and fails to cure such breach within 30 days of the breach. Any | |
sublicense to the Subject Software which is properly granted shall | |
survive any termination of this License absent termination by the terms | |
of such sublicense. Provisions which, by their nature, must remain in | |
effect beyond the termination of this License shall survive. | |
5. No Trademark Rights. This License does not grant any rights to use | |
any trade name, trademark or service mark whatsoever. No trade name, | |
trademark or service mark of SGI may be used to endorse or promote | |
products derived from the Subject Software without prior written | |
permission of SGI. | |
6. No Other Rights. This License does not grant any rights with respect | |
to the OpenGL API or to any software or hardware implementation thereof | |
or to any other software whatsoever, nor shall any other rights or | |
licenses not expressly granted hereunder arise by implication, estoppel | |
or otherwise with respect to the Subject Software. Title to and | |
ownership of the Original Software at all times remains with SGI. All | |
rights in the Original Software not expressly granted under this License | |
are reserved. | |
7. Compliance with Laws; Non-Infringement. Recipient shall comply with | |
all applicable laws and regulations in connection with use and | |
distribution of the Subject Software, including but not limited to, all | |
export and import control laws and regulations of the U.S. government | |
and other countries. Recipient may not distribute Subject Software that | |
(i) in any way infringes (directly or contributorily) the rights | |
(including patent, copyright, trade secret, trademark or other | |
intellectual property rights of any kind) of any other person or entity | |
or (ii) breaches any representation or warranty, express, implied or | |
statutory, which under any applicable law it might be deemed to have | |
been distributed. | |
8. Claims of Infringement. If Recipient at any time has knowledge of any | |
one or more third party claims that reproduction, modification, use, | |
distribution, import or sale of Subject Software (including particular | |
functionality or code incorporated in Subject Software) infringes the | |
third party's intellectual property rights, Recipient must place in a | |
well-identified web page bearing the title "LEGAL" a description of each | |
such claim and a description of the party making each such claim in | |
sufficient detail that a user of the Subject Software will know whom to | |
contact regarding the claim. Also, upon gaining such knowledge of any | |
such claim, Recipient must conspicuously include the URL for such web | |
page in the Exhibit A notice required under Sections 2 and 3, above, and | |
in the text of any related documentation, license agreement or | |
collateral in which Recipient describes end user's rights relating to | |
the Subject Software. If Recipient obtains such knowledge after it makes | |
Subject Software available to any other person or entity, Recipient | |
shall take other steps (such as notifying appropriate mailing lists or | |
newsgroups) reasonably calculated to inform those who received the | |
Subject Software that new knowledge has been obtained. | |
9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" | |
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, | |
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS | |
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- | |
INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE | |
SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI | |
ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION. | |
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS | |
LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT | |
UNDER THIS DISCLAIMER. | |
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL | |
THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR | |
STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR | |
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR | |
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, | |
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER | |
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR | |
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY | |
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO | |
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE | |
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME | |
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR | |
CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO | |
RECIPIENT. | |
11. Indemnity. Recipient shall be solely responsible for damages | |
arising, directly or indirectly, out of its utilization of rights under | |
this License. Recipient will defend, indemnify and hold harmless Silicon | |
Graphics, Inc. from and against any loss, liability, damages, costs or | |
expenses (including the payment of reasonable attorneys fees) arising | |
out of Recipient's use, modification, reproduction and distribution of | |
the Subject Software or out of any representation or warranty made by | |
Recipient. | |
12. U.S. Government End Users. The Subject Software is a "commercial | |
item" consisting of "commercial computer software" as such terms are | |
defined in title 48 of the Code of Federal Regulations and all U.S. | |
Government End Users acquire only the rights set forth in this License | |
and are subject to the terms of this License. | |
13. Miscellaneous. This License represents the complete agreement | |
concerning subject matter hereof. If any provision of this License is | |
held to be unenforceable, such provision shall be reformed so as to | |
achieve as nearly as possible the same economic effect as the original | |
provision and the remainder of this License will remain in effect. This | |
License shall be governed by and construed in accordance with the laws | |
of the United States and the State of California as applied to | |
agreements entered into and to be performed entirely within California | |
between California residents. Any litigation relating to this License | |
shall be subject to the exclusive jurisdiction of the Federal Courts of | |
the Northern District of California (or, absent subject matter | |
jurisdiction in such courts, the courts of the State of California), | |
with venue lying exclusively in Santa Clara County, California, with the | |
losing party responsible for costs, including without limitation, court | |
costs and reasonable attorneys fees and expenses. The application of the | |
United Nations Convention on Contracts for the International Sale of | |
Goods is expressly excluded. Any law or regulation which provides that | |
the language of a contract shall be construed against the drafter shall | |
not apply to this License. | |
Exhibit A | |
The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 | |
and 13 of the GLX Public License Version 1.0 (the "License"). You may | |
not use this file except in compliance with those sections of the | |
License. You may obtain a copy of the License at Silicon Graphics, Inc., | |
attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043 | |
or at http://www.sgi.com/software/opensource/glx/license.html. | |
Software distributed under the License is distributed on an "AS IS" | |
basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY | |
IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR | |
PURPOSE OR OF NON- INFRINGEMENT. See the License for the specific | |
language governing rights and limitations under the License. | |
The Original Software is GLX version 1.2 source code, released February, | |
1999. The developer of the Original Software is Silicon Graphics, Inc. | |
Those portions of the Subject Software created by Silicon Graphics, Inc. | |
are Copyright (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved. | |