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authorSeemant Kulleen <seemant@gentoo.org>2002-07-23 00:34:11 +0000
committerSeemant Kulleen <seemant@gentoo.org>2002-07-23 00:34:11 +0000
commitfc10f219c6ba097e8d91c9a96e496562dfce815c (patch)
tree2fcfe510e8153ee17d27bd2b20019ff9538f758b /licenses/SGI-B
parentadded mask for octave in the gcc3 profile so the 2.1.x series is used (diff)
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added SGI's free software B license
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+ 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"]