SGI-B-1.1.txt

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"]