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CID FONT CODE PUBLIC LICENSE (Version 1.0 (3/31/99))("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 Modification and that is distributed or made publicly
available by Recipient with the Subject Software. Separate software
files that do not contain any Original Software or any previous
Modification shall not be deemed a Modification, even if such
software files are aggregated as part of a product, or in any medium
of storage, with any file that does contain Original Software or any
previous Modification.
2. License Terms. All distribution of the Subject Software must be made
subject to the terms of this License. A copy of this License and the
Required Notice must be included in any documentation for Subject
Software where Recipient's rights relating to Subject Software and/or
any Accompanying Technology are described. Distributions of Subject
Software in source code form must also include the Required Notice in
every file distributed. In addition, a ReadMe file entitled "Important
Legal Notice" must be distributed with each distribution of one or more
files that incorporate Subject Software. That file must be included with
distributions made in both source code and executable form. A copy of
the License and the Required Notice must be included in that file.
Recipient may distribute Accompanying Technology 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, (ii) such other license terms do not modify or supersede the
terms of this License as applicable to the Subject Software, (iii)
Recipient hereby indemnifies SGI for any liability incurred by SGI as a
result of the distribution of Accompanying Technology or the use of
other license terms.
3. 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 that 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.
4. 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 or incorporating any Subject Software without
prior written permission of SGI.
5. No Other Rights. No rights or licenses not expressly granted
hereunder shall arise by implication, estoppel or otherwise. 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.
6. 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.
7. 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 Required Notice, 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 provide such knowledge to those who received
the Subject Software.
8. 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.
9. 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 CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SUBJECT SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.
10. 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 SGI and its
successors and assigns harmless 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.
11. 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.
12. Miscellaneous. This License represents the complete agreement
concerning subject matter hereof. If any provision of this License is
held to be unenforceable by any judicial or administrative authority
having proper jurisdiction with respect thereto, 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 that provides that
the language of a contract shall be construed against the drafter shall
not apply to this License.
Exhibit A
Copyright (c) 1994-1999 Silicon Graphics, Inc.
The contents of this file are subject to the CID Font Code Public
License Version 1.0 (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, 2011 N. Shoreline Blvd.,
Mountain View, CA 94043 or at
http://www.sgi.com/software/opensource/cid/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 (as defined in the License) is CID font code that
was developed by Silicon Graphics, Inc. Those portions of the Subject
Software (as defined in the License) that were created by Silicon
Graphics, Inc. are Copyright (c) 1994-1999 Silicon Graphics, Inc. All
Rights Reserved.
[NOTE: When using this text in connection with Subject Software
delivered solely in object code form, Recipient may replace the words
"this file" with "this software" in both the first and second
sentences.]
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