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authorJoshua Baergen <joshuabaergen@gentoo.org>2006-01-19 04:17:34 +0000
committerJoshua Baergen <joshuabaergen@gentoo.org>2006-01-19 04:17:34 +0000
commitef112dac1ebef53e432db901e4ef9e09a51fa952 (patch)
tree5e4b0ee9ca7c44b4b5dfd2c736582aa9d84c9421 /licenses/SGI-B-1.1
parentAdded a fix for bug #23579. (diff)
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Commit kdrive's licenses.
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+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.