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Software License Agreement <XFree86 License>
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 service 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 Original Software not expressly granted under this
License are reserved.
6. 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.
7. 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 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 appropriate mailing lists or
newsgroups) reasonably calculated to provide such
knowledge to those who received the Subject Software.
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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, 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.
9. 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
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
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 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 (Recipient's use, modification,
reproduction and distribution of the Subject Software
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 unenforceable
by any judicial or administrative authority having
proper jurisdiction 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
(continued)
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