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Software License Agreement <XFree86 License>
WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THIS SOURCE
CODE.
2.4 GLX Public License
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) " R e c i p i e n t " m e a n s a n i n d i v i d u a l o r a l e g a l
entity exercising rights under, and complying
w i t h a l l o f t h e t e r m s o f , t h i s L i c e n s e .
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
(continued)
63
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