[1648] | 1 | GLX PUBLIC LICENSE (Version 1.0 (2/11/99)) ("License")
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| 2 |
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| 3 | Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
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| 4 | grants permission to Recipient (defined below), under Recipient's
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| 5 | copyrights in the Original Software (defined below), to use, copy,
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| 6 | modify, merge, publish, distribute, sublicense and/or sell copies of
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| 7 | Subject Software (defined below), and to permit persons to whom the
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| 8 | Subject Software is furnished in accordance with this License to do the
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| 9 | same, subject to all of the following terms and conditions, which
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| 10 | Recipient accepts by engaging in any such use, copying, modifying,
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| 11 | merging, publishing, distributing, sublicensing or selling:
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| 12 |
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| 13 | 1. Definitions.
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| 14 |
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| 15 | (a) "Original Software" means source code of computer software code
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| 16 | which is described in Exhibit A as Original Software.
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| 17 |
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| 18 | (b) "Modifications" means any addition to or deletion from the
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| 19 | substance or structure of either the Original Software or any
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| 20 | previous Modifications. When Subject Software is released as a
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| 21 | series of files, a Modification means (i) any addition to or
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| 22 | deletion from the contents of a file containing Original Software or
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| 23 | previous Modifications and (ii) any new file that contains any part
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| 24 | of the Original Code or previous Modifications.
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| 25 |
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| 26 | (c) "Subject Software" means the Original Software or Modifications
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| 27 | or the combination of the Original Software and Modifications, or
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| 28 | portions of any of the foregoing.
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| 29 |
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| 30 | (d) "Recipient" means an individual or a legal entity exercising
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| 31 | rights under, and complying with all of the terms of, this License.
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| 32 | For legal entities, "Recipient" includes any entity which controls,
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| 33 | is controlled by, or is under common control with Recipient. For
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| 34 | purposes of this definition, "control" of an entity means (a) the
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| 35 | power, direct or indirect, to direct or manage such entity, or (b)
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| 36 | ownership of fifty percent (50%) or more of the outstanding shares
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| 37 | or beneficial ownership of such entity.
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| 38 |
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| 39 | 2. Redistribution of Source Code Subject to These Terms. Redistributions
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| 40 | of Subject Software in source code form must retain the notice set forth
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| 41 | in Exhibit A, below, in every file. A copy of this License must be
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| 42 | included in any documentation for such Subject Software where the
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| 43 | recipients' rights relating to Subject Software are described. Recipient
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| 44 | may distribute the source code version of Subject Software under a
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| 45 | license of Recipient's choice, which may contain terms different from
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| 46 | this License, provided that (i) Recipient is in compliance with the
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| 47 | terms of this License, and (ii) the license terms include this Section 2
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| 48 | and Sections 3, 4, 7, 8, 10, 12 and 13 of this License, which terms may
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| 49 | not be modified or superseded by any other terms of such license. If
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| 50 | Recipient distributes the source code version under a different license
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| 51 | Recipient must make it absolutely clear that any terms which differ from
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| 52 | this License are offered by Recipient alone, not by SGI. Recipient
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| 53 | hereby agrees to indemnify SGI for any liability incurred by SGI as a
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| 54 | result of any such terms Recipient offers.
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| 55 |
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| 56 | 3. Redistribution in Executable Form. The notice set forth in Exhibit A
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| 57 | must be conspicuously included in any notice in an executable version of
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| 58 | Subject Software, related documentation or collateral in which Recipient
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| 59 | describes the user's rights relating to the Subject Software. Recipient
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| 60 | may distribute the executable version of Subject Software under a
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| 61 | license of Recipient's choice, which may contain terms different from
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| 62 | this License, provided that (i) Recipient is in compliance with the
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| 63 | terms of this License, and (ii) the license terms include this Section 3
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| 64 | and Sections 4, 7, 8, 10, 12 and 13 of this License, which terms may not
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| 65 | be modified or superseded by any other terms of such license. If
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| 66 | Recipient distributes the executable version under a different license
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| 67 | Recipient must make it absolutely clear that any terms which differ from
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| 68 | this License are offered by Recipient alone, not by SGI. Recipient
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| 69 | hereby agrees to indemnify SGI for any liability incurred by SGI as a
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| 70 | result of any such terms Recipient offers.
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| 71 |
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| 72 | 4. Termination. This License and the rights granted hereunder will
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| 73 | terminate automatically if Recipient fails to comply with terms herein
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| 74 | and fails to cure such breach within 30 days of the breach. Any
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| 75 | sublicense to the Subject Software which is properly granted shall
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| 76 | survive any termination of this License absent termination by the terms
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| 77 | of such sublicense. Provisions which, by their nature, must remain in
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| 78 | effect beyond the termination of this License shall survive.
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| 79 |
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| 80 | 5. No Trademark Rights. This License does not grant any rights to use
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| 81 | any trade name, trademark or service mark whatsoever. No trade name,
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| 82 | trademark or service mark of SGI may be used to endorse or promote
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| 83 | products derived from the Subject Software without prior written
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| 84 | permission of SGI.
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| 85 |
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| 86 | 6. No Other Rights. This License does not grant any rights with respect
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| 87 | to the OpenGL API or to any software or hardware implementation thereof
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| 88 | or to any other software whatsoever, nor shall any other rights or
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| 89 | licenses not expressly granted hereunder arise by implication, estoppel
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| 90 | or otherwise with respect to the Subject Software. Title to and
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| 91 | ownership of the Original Software at all times remains with SGI. All
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| 92 | rights in the Original Software not expressly granted under this License
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| 93 | are reserved.
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| 94 |
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| 95 | 7. Compliance with Laws; Non-Infringement. Recipient shall comply with
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| 96 | all applicable laws and regulations in connection with use and
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| 97 | distribution of the Subject Software, including but not limited to, all
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| 98 | export and import control laws and regulations of the U.S. government
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| 99 | and other countries. Recipient may not distribute Subject Software that
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| 100 | (i) in any way infringes (directly or contributorily) the rights
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| 101 | (including patent, copyright, trade secret, trademark or other
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| 102 | intellectual property rights of any kind) of any other person or entity
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| 103 | or (ii) breaches any representation or warranty, express, implied or
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| 104 | statutory, which under any applicable law it might be deemed to have
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| 105 | been distributed.
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| 106 |
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| 107 | 8. Claims of Infringement. If Recipient at any time has knowledge of any
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| 108 | one or more third party claims that reproduction, modification, use,
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| 109 | distribution, import or sale of Subject Software (including particular
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| 110 | functionality or code incorporated in Subject Software) infringes the
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| 111 | third party's intellectual property rights, Recipient must place in a
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| 112 | well-identified web page bearing the title "LEGAL" a description of each
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| 113 | such claim and a description of the party making each such claim in
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| 114 | sufficient detail that a user of the Subject Software will know whom to
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| 115 | contact regarding the claim. Also, upon gaining such knowledge of any
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| 116 | such claim, Recipient must conspicuously include the URL for such web
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| 117 | page in the Exhibit A notice required under Sections 2 and 3, above, and
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| 118 | in the text of any related documentation, license agreement or
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| 119 | collateral in which Recipient describes end user's rights relating to
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| 120 | the Subject Software. If Recipient obtains such knowledge after it makes
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| 121 | Subject Software available to any other person or entity, Recipient
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| 122 | shall take other steps (such as notifying appropriate mailing lists or
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| 123 | newsgroups) reasonably calculated to inform those who received the
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| 124 | Subject Software that new knowledge has been obtained.
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| 125 |
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| 126 | 9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS"
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| 127 | BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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| 128 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS
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| 129 | FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-
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| 130 | INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE
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| 131 | SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI
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| 132 | ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION.
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| 133 | THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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| 134 | LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
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| 135 | UNDER THIS DISCLAIMER.
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| 136 |
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| 137 | 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
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| 138 | THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
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| 139 | STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR
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| 140 | BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
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| 141 | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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| 142 | DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER
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| 143 | FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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| 144 | LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
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| 145 | OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
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| 146 | LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE
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| 147 | TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
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| 148 | JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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| 149 | CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
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| 150 | RECIPIENT.
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| 151 |
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| 152 | 11. Indemnity. Recipient shall be solely responsible for damages
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| 153 | arising, directly or indirectly, out of its utilization of rights under
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| 154 | this License. Recipient will defend, indemnify and hold harmless Silicon
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| 155 | Graphics, Inc. from and against any loss, liability, damages, costs or
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| 156 | expenses (including the payment of reasonable attorneys fees) arising
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| 157 | out of Recipient's use, modification, reproduction and distribution of
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| 158 | the Subject Software or out of any representation or warranty made by
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| 159 | Recipient.
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| 160 |
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| 161 | 12. U.S. Government End Users. The Subject Software is a "commercial
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| 162 | item" consisting of "commercial computer software" as such terms are
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| 163 | defined in title 48 of the Code of Federal Regulations and all U.S.
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| 164 | Government End Users acquire only the rights set forth in this License
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| 165 | and are subject to the terms of this License.
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| 166 |
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| 167 | 13. Miscellaneous. This License represents the complete agreement
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| 168 | concerning subject matter hereof. If any provision of this License is
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| 169 | held to be unenforceable, such provision shall be reformed so as to
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| 170 | achieve as nearly as possible the same economic effect as the original
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| 171 | provision and the remainder of this License will remain in effect. This
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| 172 | License shall be governed by and construed in accordance with the laws
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| 173 | of the United States and the State of California as applied to
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| 174 | agreements entered into and to be performed entirely within California
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| 175 | between California residents. Any litigation relating to this License
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| 176 | shall be subject to the exclusive jurisdiction of the Federal Courts of
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| 177 | the Northern District of California (or, absent subject matter
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| 178 | jurisdiction in such courts, the courts of the State of California),
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| 179 | with venue lying exclusively in Santa Clara County, California, with the
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| 180 | losing party responsible for costs, including without limitation, court
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| 181 | costs and reasonable attorneys fees and expenses. The application of the
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| 182 | United Nations Convention on Contracts for the International Sale of
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| 183 | Goods is expressly excluded. Any law or regulation which provides that
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| 184 | the language of a contract shall be construed against the drafter shall
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| 185 | not apply to this License.
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| 186 |
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| 187 | Exhibit A
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| 188 |
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| 189 | The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12
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| 190 | and 13 of the GLX Public License Version 1.0 (the "License"). You may
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| 191 | not use this file except in compliance with those sections of the
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| 192 | License. You may obtain a copy of the License at Silicon Graphics, Inc.,
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| 193 | attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043
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| 194 | or at http://www.sgi.com/software/opensource/glx/license.html.
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| 195 |
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| 196 | Software distributed under the License is distributed on an "AS IS"
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| 197 | basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY
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| 198 | IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
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| 199 | PURPOSE OR OF NON- INFRINGEMENT. See the License for the specific
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| 200 | language governing rights and limitations under the License.
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| 201 |
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| 202 | The Original Software is GLX version 1.2 source code, released February,
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| 203 | 1999. The developer of the Original Software is Silicon Graphics, Inc.
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| 204 | Those portions of the Subject Software created by Silicon Graphics, Inc.
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| 205 | are Copyright (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.
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| 206 |
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