implied or statutory, to which, under any applicable law, it might be
deemed to have been subject.
7. C laims 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. V ersions 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. D ISCLAIMER 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. L IMITATION 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 T O T HE 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. I ndemnity. Recipient shall be solely responsible for damages arising,
directly or indirectly, out of its utilization of rights under this License.
Recipient w ill d efend, i ndemnify a nd h old h armless S ilicon G raphics, I nc.
from a nd a gainst a ny l oss, l iability, d amages, c osts o r e xpenses ( including
the p ayment o f r easonable a ttorneys f ees) a rising o ut o f R ecipient’s u se,
modification, r eproduction a nd d istribution o f t he C overed C ode o r o ut
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. M iscellaneous. 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