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authorMichael Sterrett <mr_bones_@gentoo.org>2009-06-24 06:51:45 +0000
committerMichael Sterrett <mr_bones_@gentoo.org>2009-06-24 06:51:45 +0000
commitfcfa7252d2f0329d7e7a7c23f12acc82551fd629 (patch)
treecff70f73c5690b3d45787214ce531d5e28b04731 /licenses/SGI-B
parentMarked ~hppa (bug #27524). (diff)
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remove unused 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"]