Table of Contents
Advertisement
Software License Agreement <XFree86 License>
Software 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
i n c o n n e c t i o n w i t h u s e a n d d i s t r i b u t i o n o f t h e
Subject Software, including but not limited to, all
export and import control laws and regulations
o f t h e U . S . g o v e r n m e n t a n d o t h e r c o u n t r i e s .
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, distribution, import
or sale of Subject Software (including particular
functionality or code incorporated in Subject Software)
infringes the third party's intellectual 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
Sections 2 and 3, above, 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 appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received
the Subject Software 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, MERCHANTABLE, FIT FOR
A PARTICULAR PURPOSE OR NON- INFRINGING.
SGI ASSUMES NO RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE. SHOULD
A N Y S O F T WA R E P R O V E D E F E C T I V E I N A N Y
RESPECT, SGI ASSUMES NO COST OR LIABILITY
FOR ANY SERVICING, 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.
64
10. L I M I T A T I O N O F L I A B I L I T Y. U N D E R N O
C I R C U M S TA N C E S A N D U N D E R N O L E G A L
T H E O R Y, W H E T H E R T O R T ( I N C L U D I N G ,
WITHOUT LIMITATION, NEGLIGENCE OR STRICT
LIABILITY), CONTRACT, OR OTHERWISE, SHALL
SGI OR ANY SGI LICENSOR BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
O R C O N S E Q U E N T I A L D A M A G E S O F A N Y
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
o f i t s u t i l i z a t i o n o f r i g h t s u n d e r t h i s L i c e n s e .
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 unenforceable,
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
(continued)
Advertisement
Table of Contents
