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diff --git a/licenses/SGI-B-1.1 b/licenses/SGI-B-1.1 new file mode 100644 index 000000000000..48cbd220cdd5 --- /dev/null +++ b/licenses/SGI-B-1.1 @@ -0,0 +1,262 @@ +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. |