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Software License Agreement
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.
. 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 and Sections , 4, 7, 8, 10, 1 and 1 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may not be modified or superseded by any other terms of such license.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.
. 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 and Sections 4, 7, 8, 10, 1 and 1 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 0
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 and , 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 news-
groups) reasonably calculated to inform those who received the Subject Soft- ware 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,
(continued)
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.
1. 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.
1. 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 , , 4, 7, 8, 10, 1 and 1 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, 011 N. Shoreline Blvd., Mountain View, CA 9404 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. 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 Copy-right (c) 1991-9 Silicon Graphics, Inc.
All Rights Reserved.
3.5 CID Font Code Public License
CID FONT CODE PUBLIC LICENSE (Version 1.0 (/1/99))("License")
Subject to any applicable third party claims, Silicon Graphics, Inc. ("SGI") hereby grants
permission to Recipient (defined below), under SGI'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) in both source code and executable form,
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, publication, distributing,
sublicensing or selling:
1. Definitions.
a. "Original Software" means source code of computer software code that 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 the terms
of this License. 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 (i) the power, direct or indirect, to direct
or manage such entity, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.
e. "Required Notice" means the notice set forth in Exhibit A to this License.
f.
"Accompanying Technology" means any software or other technology that is not a
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