| SGI Free Software License B Version 1.1 (GLX) |
| |
| Note: The definitive and binding form of this license is the form available |
| from SGI's web site at http://oss.sgi.com/projects/FreeB, and the source |
| code notices contained in the relevant source files. |
| |
| 1. Definitions. |
| |
| 1.1. "Additional Notice Provisions" means such additional provisions as |
| appear in the Notice in Original Code under the heading "Additional Notice |
| Provisions." |
| |
| 1.2. "Covered Code" means the Original Code or Modifications, or any |
| combination thereof. |
| |
| 1.3. "Hardware" means any physical device that accepts input, processes input, |
| stores the results of processing, and/or provides output. |
| |
| 1.4. "Larger Work" means a work that combines Covered Code or portions |
| thereof with code not governed by the terms of this License. |
| |
| 1.5. "Licensable" means having the right to grant, to the maximum extent |
| possible, whether at the time of the initial grant or subsequently acquired, |
| any and all of the rights covered herein. |
| |
| 1.6. "License" means this document. |
| |
| 1.7. "Licensed Patents" means patent claims Licensable by SGI that are |
| infringed by the use or sale of Original Code or any Modifications provided |
| by SGI, or any combination thereof. |
| |
| 1.8. "Modifications" means any addition to or deletion from the substance |
| or structure of either the Original Code or any previous Modifications. When |
| Covered Code is released as a series of files, a Modification is: |
| |
| A. Any addition to the contents of a file containing Original code |
| and/or addition to or deletion from the contents of a file containing |
| previous Modifications. |
| |
| B. Any new file that contains any part of the Original Code or previous |
| Modifications. |
| |
| 1.9. "Notice" means any notice in Original Code or Covered Code, as required |
| by and in compliance with this License. |
| |
| 1.10. "Original Code" means source code of computer software code that is |
| described in the source code Notice required by Exhibit A as Original Code, |
| and updates the error corrections specifically thereto. |
| |
| 1.11. "Recipient" means an individual or a legal entity exercising |
| rights under, and complying with all of the terms of, this License or a |
| future version of this License issued under Section 8. For legal entities, |
| "Recipient" includes any entity that 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. |
| |
| 1.12. "Recipient Patents" means patent claims Licensable by a Recipient |
| that are infringed by the use of sale of Original Code or any Modifications |
| provided by SGI, or any combination thereof. |
| |
| 1.13. "SGI" means Silicon Graphics, Inc. |
| |
| 1.14. "SGI Patents" means patent claims Licensable by SGI other than the |
| Licenses Patents. |
| |
| 2. License Grant and Restrictions. |
| |
| 2.1. SGI License Grant. Subject to the terms of this License and any third |
| party intellectual property claims, for the duration of intellectual property |
| protections inherent in the Original Code, SGI hereby grants Recipient |
| a worldwide, royalty-free, non-exclusive license, to do the following: |
| (i) under copyrights Licensable by SGI, to reproduce, distribute, create |
| derivative works from, and, to the extent applicable, display and perform the |
| Original Code and/or any Modifications provided by SGI alone and/or as part |
| of a Larger Work; and (ii) under any Licensable Patents, to make, have made, |
| use, sell, offer for sale, import and/or otherwise transfer the Original |
| Code and/or any Modifications provided by SGI. Recipient accepts the terms |
| and conditions of this License by undertaking any of the aforementioned |
| actions. The patent license shall apply to the Covered Code if, at the |
| time any related Modification is added, such addition of the Modification |
| causes such combination to be covered by the Licensed Patents. The patent |
| license in Section 2.1(ii) shall not apply to any other combinations that |
| include the Modification. No patent license is provided under SGI Patents |
| for infringements of SGI Patents by Modifications not provided by SGI or |
| combinations of Original Code and Modifications not provided by SGI. |
| |
| 2.2. Recipient License Grant. Subject to the terms of this License and |
| any third party intellectual property claims, Recipient hereby grants SGI |
| and any other Recipients a worldwide, royalty-free, non-exclusive license, |
| under any Recipient Patents, to make, have made, use, sell, offer for sale, |
| import and/or otherwise transfer the Original Code and/or any Modifications |
| provided by SGI. |
| |
| 2.3. No License for Hardware Implementations. The licenses granted in Section |
| 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms |
| embodied in the Original Code or any Modifications provided by SGI. |
| |
| 3. Redistributions |
| |
| 3.1. Retention of Notice/Copy of License. The Notice set forth in Exhibit |
| A, below, must be conspicuously retained or included in any and all |
| redistributions of Covered Code. For distributions of the Covered Code in |
| source form, the Notice must appear in every file that can include a text |
| comments field; in executable form, the Notice and a copy of this License must |
| appear in related documentation or collateral where the Recipient's rights |
| relating to Covered Code are described. Any Additional Notice Provisions which |
| actually appears in the Original Code must also be retained or included in |
| any and all redistributions of Covered Code. |
| |
| 3.2. Alternative License. Provided that Recipient is in compliance with the |
| terms of this license, Recipient may, so long as without derogation of any |
| of SGI's rights in and to the Original Code, distribute the source code |
| and/or executable version(s) of Covered Code under (1) this License; (2) |
| a license identical to this License but for only such changes are necessary |
| in order to clarify Recipient's role as licensor of Modifications; and/or (3) |
| a license of the Recipient's choosing, containing terms different from this |
| License, provided that the license terms include this Section 3 and Sections |
| 4, 6, 7, 10, 12, and 13, which terms may not be modified or superseded by |
| any other terms of such license. If Recipient elects to use any license |
| other than this License, Recipient must make it absolutely clear that any |
| of its terms which differ from this License are offered by Recipient alone, |
| and not by SGI. It is emphasized that this License is a limited license, and |
| regardless of the license form employed by Recipient in accordance with this |
| Section 3.2, Recipient may relicense only such rights, in Original Code and |
| Modifications by SGI, as it has actually been granted by SGI in this License. |
| |
| 3.3. Indemnity. Recipient hereby agrees to indemnify SGI for any liability |
| incurred by SGI as a result of any alternative license terms Recipient offers. |
| |
| 4. Termination. This License and the rights granted hereunder will terminate |
| automatically if Recipient breaches any term herein and fails to cure such |
| breach within 30 days thereof. Any sublicense to the Covered Code that |
| is properly granted shall survive any termination of this License, absent |
| termination by the terms of such sublicense. Provisions that, but their nature, |
| must remain in effect beyond the termination of this License, shall survive. |
| |
| 5. No Trademark Or Other Rights. This License does not grant any rights to: |
| (i) any software apart from the Covered Code, nor shall any other rights or |
| licenses not expressly granted hereunder arise by implication, estoppel or |
| otherwise with respect to the Covered Code; (ii) any trade name, trademark or |
| service mark whatsoever, including without limitation any related right for |
| purposes of endorsement or promotion of products derived from the Covered Code, |
| without prior written permission of SGI; or (iii) any title to or ownership |
| of the Original Code, which shall at all times remain with SGI. All rights |
| in the Original Code not expressly granted under this License are reserved. |
| |
| 6. Compliance with Laws; Non-Infringement. There are various worldwide laws, |
| regulations, and executive orders applicable to dispositions of Covered Code, |
| including without limitation export, re-export, and import control laws, |
| regulations, and executive orders, of the U.S. government and other countries, |
| and Recipient is reminded it is obliged to obey such laws, regulations, and |
| executive orders. Recipient may not distribute Covered Code that (i) in any |
| way infringes (directly or contributorily) any intellectual property rights |
| of any kind of any other person or entity of (ii) breaches any representation |
| or warranty, express, implied or statutory, to which under any applicable law, |
| it might be deemed to have been subject. |
| |
| 7. Claims of Infringement. If Recipient learns of any third party claim that |
| any disposition of Covered Code and/or functionality wholly or partially |
| infringes the third party's intellectual property rights, Recipient will |
| promptly notify SGI of such claim. |
| |
| 8. Versions of the License. SGI may publish revised and/or new versions of the |
| License from time to time, each with a distinguishing version number. Once |
| Covered Code has been published under a particular version of the License, |
| Recipient may, for the duration of the license, continue to use it under the |
| terms of that version, or choose to use such Covered Code under the terms |
| of any subsequent version published bi SGI. Subject to the provisions of |
| Sections 3 and 4 of this License, only SGI may modify the terms applicable |
| to Covered Code created under this License. |
| |
| 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL |
| EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, |
| INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF |
| MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND |
| NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF |
| THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES |
| NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
| OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. N O USE OF ANY COVERED |
| CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. |
| |
| 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR 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 Covered |
| Code or out of any representation of warranty made by Recipient. |
| |
| 12. U.S. Government End Users. The Covered Code 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 |
| the its subject matter. If any provisions of this License is held to be |
| unenforceable, such provisions shall be reformed so as to achieve as nearly |
| as possible the same legal and 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, |
| and with the losing party responsible for costs, including without limitation, |
| court costs and reasonable attorney 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 that provides that the |
| language of a contract shall be construed against the drafter shall not |
| apply to this License. |
| |
| Exhibit A |
| |
| License Applicability. Except to the extent portions of this file are made |
| subject to an alternative license as permitted in the SGI Free Software |
| License B, Version 1.1 (the "License"), the contents of this file are |
| subject only to the provisions of the License. You may not use this file |
| except in compliance with the License. You may obtain a copy of the License |
| at Silicon Graphics, Inc., attn: Legal Services, 1600 Amphitheatre Parkway, |
| Mountain View, CA 94043-1351, or at: |
| |
| http://oss.sgi.com/projects/FreeB |
| |
| Note that, as provided in the License, the Software is distributed on an "AS |
| IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, |
| INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF |
| MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, |
| AND NON-INFRINGEMENT. |
| |
| Original Code. The Original Code is: OpenGL Sample Implementation, Version |
| 1.2.1, released January 26, 2000, developed by Silicon Graphics, Inc. The |
| Original Code is Copyright (c) 1991-2000 Silicon Graphics, Inc. Copyright in |
| any portions created by third parties is as indicated elsewhere herein. All |
| Rights Reserved. |
| |
| Additional Notice Provisions: The application programming interfaces |
| established by SGI in conjunction with the Original Code are The OpenGL(R) |
| Graphics System: A Specification (Version 1.2.1), released April 1, 1999; The |
| OpenGL(R) Graphics System Utility Library (Version 1.3), released November |
| 4, 1998; and OpenGL(R) Graphics with the X Window System(R) (Version 1.3), |
| released October 19, 1998. This software was created using the OpenGL(R) |
| version 1.2.1 Sample Implementation published by SGI, but has not been |
| independently verified as being compliant with the OpenGL(R) version 1.2.1 |
| Specification. |