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author | Seemant Kulleen <seemant@gentoo.org> | 2002-07-23 00:34:11 +0000 |
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committer | Seemant Kulleen <seemant@gentoo.org> | 2002-07-23 00:34:11 +0000 |
commit | fc10f219c6ba097e8d91c9a96e496562dfce815c (patch) | |
tree | 2fcfe510e8153ee17d27bd2b20019ff9538f758b /licenses/SGI-B | |
parent | added mask for octave in the gcc3 profile so the 2.1.x series is used (diff) | |
download | historical-fc10f219c6ba097e8d91c9a96e496562dfce815c.tar.gz historical-fc10f219c6ba097e8d91c9a96e496562dfce815c.tar.bz2 historical-fc10f219c6ba097e8d91c9a96e496562dfce815c.zip |
added SGI's free software B license
Diffstat (limited to 'licenses/SGI-B')
-rw-r--r-- | licenses/SGI-B | 242 |
1 files changed, 242 insertions, 0 deletions
diff --git a/licenses/SGI-B b/licenses/SGI-B new file mode 100644 index 000000000000..6e44be053258 --- /dev/null +++ b/licenses/SGI-B @@ -0,0 +1,242 @@ + SGI FREE SOFTWARE LICENSE B (Version 1.0 [1/25/2000]) + + 1. Definitions. + 1. "Additional Notice Provisions" means such additional provisions as + appear in the Notice in Original Code under the heading + "Additional Notice Provisions." + 2. "API" means an application programming interface established by + SGI in conjunction with the Original Code. + 3. "Covered Code" means the Original Code or Modifications or the + combination of the Original Code and Modifications, in each case + including portions thereof. + 4. "Hardware" means any physical device that accepts input, processes + input, stores the results of processing, and/or provides output. + 5. "Larger Work" means a work which combines Covered Code or portions + thereof with code not governed by the terms of this License. + 6. "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 conveyed herein. + 7. "License" means this document. + 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 or deletion from the contents of a file containing + Original Code or previous Modifications. + B. Any new file that contains any part of the Original Code or + previous Modifications. + + 9. "Notice" means any notice in Original Code or Covered Code, as + required by and in compliance with this License. + 10. "Original Code" means source code of computer software code which + is described in the source code Notice required by Exhibit A as + Original Code, and updates and error corrections specifically + thereto. + 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 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. + 12. "SGI" means Silicon Graphics, Inc. + + 2. License Grant and Restrictions. + 1. License Grant. Subject to the provisions 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 alone and/or as part of a Larger Work; and (ii) + under any patent claims Licensable by SGI and embodied in the + Original Code, to make, have made, use, practice, sell, and offer + for sale, and/or otherwise dispose of the Original Code. Recipient + accepts the terms and conditions of this License by undertaking + any of the aforementioned actions. + 2. Restriction on Patent License. Notwithstanding the provisions of + Section 2.1(ii), no patent license is granted: 1) separate from + the Original Code; nor 2) for infringements caused by (i) + modification of the Original Code, or (ii) the combination of the + Original Code with other software or Hardware. + 3. No License For Hardware Implementations. The licenses granted in + Section 2.1 are not applicable to implementation in Hardware of + the algorithms embodied in the Original Code. + 4. Modifications License and API Compliance. Modifications are only + licensed under Section 2.1(i) to the extent such Modifications are + fully compliant with any API as may be identified in Additional + Notice Provisions as appear in the Original Code. + + 3. Redistributions. + + A. 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 code 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. + B. Alternative License. Provided that Recipient is in compliance with + the terms of this License, Recipient may 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 as are necessary in order to clarify Recipient's role as + licensor of Modifications, without derogation of any of SGI's + rights; and/or (3) a license of 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. + C. Indemnity. Recipient hereby agrees to indemnify SGI for any + liability incurred by SGI as a result of any such 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, by 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 remains with SGI. All rights + in the Original Code not expressly granted under this License are + reserved. + + 6. Compliance with Laws; Non-Infringement. Recipient hereby assures + that it shall comply with all applicable laws, regulations, and + executive orders, in connection with any and all dispositions of + Covered Code, including but not limited to, all export, re-export, and + import control laws, regulations, and executive orders, of the U.S. + government and other countries. Recipient may not distribute Covered + Code 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, 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 by 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. NO 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 or + 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 provision of this License is + held to be unenforceable, such provision 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, 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 + + 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 1.0 (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 + Ampitheatre 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: [name of software, version number, and release + date], developed by Silicon Graphics, Inc. The Original Code is + Copyright (c) [dates of first publication, as appearing in the Notice + in the Original Code] Silicon Graphics, Inc. Copyright in any portions + created by third parties is as indicated elsewhere herein. All Rights + Reserved. + + Additional Notice Provisions: + [such additional provisions, if any, as appear in the Notice in the + Original Code under the heading "Additional Notice Provisions"] |