path: root/licenses/SGI-B-1.1

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.