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Licenses
The XFree86 Project
January 2002
1. XFree86 License
XFree86 code without an explicit copyright is covered by the following copy-
right/license:
Copyright (C) 1994-2002 The XFree86 Project, Inc. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is fur-
nished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
XFREE86 PROJECT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CON-
NECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the XFree86 Project shall not
be used in advertising or otherwise to promote the sale, use or other deal-
ings in this Software without prior written authorization from the XFree86
Project.
2. Other Licenses
Portions of code are covered by the following licenses/copyrights. See indi-
vidual files for the copyright dates.
2.1 X/MIT Copyrights
2.1.1 X Consortium
Copyright (C) <date> X Consortium
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is fur-
nished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE X
CONSORTIUM 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 SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the X Consortium shall not be
used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization from the X Consortium.
X Window System is a trademark of X Consortium, Inc.
2.1.2 The Open Group
Copyright <date> The Open Group
Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that
the above copyright notice appear in all copies and that both that copyright
notice and this permission notice appear in supporting documentation.
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
OPEN GROUP 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 SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of The Open Group shall not be
used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization from The Open Group.
2.2 Berkeley-based copyrights:
2.2.1 General
Redistribution and use in source and binary forms, with or without modifica-
tion, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPE-
CIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTH-
ERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
2.2.2 UCB/LBL
Copyright (c) 1993 The Regents of the University of California. All rights
reserved.
This software was developed by the Computer Systems Engineering group at
Lawrence Berkeley Laboratory under DARPA contract BG 91-66 and contributed to
Berkeley.
All advertising materials mentioning features or use of this software must
display the following acknowledgement: This product includes software devel-
oped by the University of California, Lawrence Berkeley Laboratory.
Redistribution and use in source and binary forms, with or without modifica-
tion, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement: This product includes soft-
ware developed by the University of California, Berkeley and its con-
tributors.
4. Neither the name of the University nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DIS-
CLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2.3 NVIDIA Corp
Copyright (c) 1996 NVIDIA, Corp. All rights reserved.
NOTICE TO USER: The source code is copyrighted under U.S. and international
laws. NVIDIA, Corp. of Sunnyvale, California owns the copyright and as
design patents pending on the design and interface of the NV chips. Users
and possessors of this source code are hereby granted a nonexclusive, roy-
alty-free copyright and design patent license to use this code in individual
and commercial software.
Any use of this source code must include, in the user documentation and
internal comments to the code, notices to the end user as follows:
Copyright (c) 1996 NVIDIA, Corp. NVIDIA design patents pending in the U.S.
and foreign countries.
NVIDIA, CORP. MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THIS SOURCE
CODE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WAR-
RANTY OF ANY KIND. NVIDIA, CORP. DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOURCE CODE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NVIDIA, CORP. BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAM-
AGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOURCE CODE.
2.4 GLX Public License
GLX PUBLIC LICENSE (Version 1.0 (2/11/99)) ("License")
Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
grants permission to Recipient (defined below), under Recipient's copyrights
in the Original Software (defined below), to use, copy, modify, merge, pub-
lish, distribute, sublicense and/or sell copies of Subject Software (defined
below), 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, publishing, distributing, sublicensing or sell-
ing:
1. Definitions.
(a) "Original Software" means source code of computer software code
which is described in Exhibit A as Original Software.
(b) "Modifications" means any addition to or deletion from the sub-
stance 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, and complying with all of the terms of, this License.
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.
2. Redistribution of Source Code Subject to These Terms. Redistributions of
Subject Software in source code form must retain the notice set forth in
Exhibit A, below, in every file. A copy of this License must be included in
any documentation for such Subject Software where the recipients' rights
relating to Subject Software are described. Recipient may distribute the
source code version of Subject Software 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, and (ii) the
license terms include this Section 2 and Sections 3, 4, 7, 8, 10, 12 and 13
of this License, which terms may not be modified or superseded by any other
terms of such license. If Recipient distributes the source code version under
a different license Recipient must make it absolutely clear that any terms
which differ from this License are offered by Recipient alone, not by SGI.
Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as
a result of any such terms Recipient offers.
3. Redistribution in Executable Form. The notice set forth in Exhibit A must
be conspicuously included in any notice in an executable version of Subject
Software, related documentation or collateral in which Recipient describes
the user's rights relating to the Subject Software. Recipient may distribute
the executable version of Subject Software 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, and (ii) the
license terms include this Section 3 and Sections 4, 7, 8, 10, 12 and 13 of
this License, which terms may not be modified or superseded by any other
terms of such license. If Recipient distributes the executable version under
a different license Recipient must make it absolutely clear that any terms
which differ from this License are offered by Recipient alone, not by SGI.
Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as
a result of any such terms Recipient offers.
4. 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 which 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.
5. No 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
the Subject Software without prior written permission of SGI.
6. No Other Rights. This License does not grant any rights with respect to
the OpenGL API or to any software or hardware implementation thereof or to
any other software whatsoever, nor shall any other rights or licenses not
expressly granted hereunder arise by implication, estoppel or otherwise with
respect to the Subject Software. Title to and ownership of the Original Soft-
ware at all times remains with SGI. All rights in the Original Software not
expressly granted under this License are reserved.
7. 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.
8. Claims of Infringement. If Recipient at any time has knowledge of any one
or more third party claims that reproduction, modification, use, distribu-
tion, import or sale of Subject Software (including particular functionality
or code incorporated in Subject Software) infringes the third party's intel-
lectual 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 Exhibit A notice required under Sec-
tions 2 and 3, above, and in the text of any related documentation, license
agreement or collateral in which Recipient describes end user's rights relat-
ing 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 news-
groups) reasonably calculated to inform those who received the Subject Soft-
ware that new knowledge has been obtained.
9. 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, MER-
CHANTABLE, 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 SER-
VICING, 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.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-
ORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-
BILITY), 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 Subject Software or out of
any representation or warranty made by Recipient.
12. 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.
13. Miscellaneous. This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is held to be unen-
forceable, 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 which provides that the language of a con-
tract shall be construed against the drafter shall not apply to this License.
Exhibit A
The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 and
13 of the GLX Public License Version 1.0 (the "License"). You may not use
this file except in compliance with those sections of 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/glx/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 is GLX version 1.2 source code, released February,
1999. The developer of the Original Software is Silicon Graphics, Inc. Those
portions of the Subject Software created by Silicon Graphics, Inc. are Copy-
right (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.
2.5 CID Font Code Public License
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, pub-
lish, 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, publica-
tion, 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 sub-
stance 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, "Recip-
ient" includes any entity that controls, is controlled by, or is
under common control with Recipient. For purposes of this defini-
tion, "control" of an entity means (i) the power, direct or indi-
rect, to direct or manage such entity, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial own-
ership 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 soft-
ware files that do not contain any Original Software or any previ-
ous 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 Soft-
ware or any previous Modification.
2. License Terms. All distribution of the Subject Software must be made sub-
ject 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 Tech-
nology 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 exe-
cutable 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 distri-
bution 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 ser-
vice 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 Origi-
nal 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, distribu-
tion, import or sale of Subject Software (including particular functionality
or code incorporated in Subject Software) infringes the third party's intel-
lectual 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 appro-
priate 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, MER-
CHANTABLE, 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 SER-
VICING, 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 (Recipi-
ent's use, modification, reproduction and distribution of the Subject Soft-
ware 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 unen-
forceable by any judicial or administrative authority having proper jurisdic-
tion 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 liti-
gation relating to this License shall be subject to the exclusive jurisdic-
tion of the Federal Courts of the Northern District of California (or, absent
subject matter jurisdiction in such courts, the courts of the State of Cali-
fornia), 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.]
********************************************************************************
XFree86's LICENSE document does not appear to be completely
comprehensive.
Many files appear to be licensed under the "SGI FREE SOFTWARE
LICENSE B (Version 1.1 [02/22/2000])":
SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])
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 conveyed 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 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 and 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 or 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 Licensed 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 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.
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 as are necessary in order to clarify Recipient's role as
licensor of Modifications; 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. 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 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. 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 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 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: [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"]
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