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sgi-glx-1.0
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SGI GLX Public License 1.0
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SGI GLX Public License v1.0
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Permissive
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SGI - Silicon Graphics
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http://www.sgi.com/products/software/opensource/glx/glxlicense.txt
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LicenseRef-scancode-sgi-glx-1.0
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- (c) 1991-9 Silicon Graphics, Inc.
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license_text
GLX PUBLIC LICENSE Version 1.0 2/11/99 License
Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
grants permission to Recipient (defined below), under Recipient's copyrights
in the Original Software (defined below), to use, copy, modify, merge, pub-
lish, distribute, sublicense and/or sell copies of Subject Software (defined
below), and to permit persons to whom the Subject Software is furnished in
accordance with this License to do the same, subject to all of the following
terms and conditions, which Recipient accepts by engaging in any such use,
copying, modifying, merging, publishing, distributing, sublicensing or sell-
ing:
1. Definitions.
(a) "Original Software" means source code of computer software code
which is described in Exhibit A as Original Software.
(b) "Modifications" means any addition to or deletion from the sub-
stance or structure of either the Original Software or any previous
Modifications. When Subject Software is released as a series of
files, a Modification means (i) any addition to or deletion from
the contents of a file containing Original Software or previous
Modifications and (ii) any new file that contains any part of the
Original Code or previous Modifications.
(c) "Subject Software" means the Original Software or Modifications
or the combination of the Original Software and Modifications, or
portions of any of the foregoing.
(d) "Recipient" means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License.
For legal entities, "Recipient" includes any entity which 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.
2. Redistribution of Source Code Subject to These Terms. Redistributions of
Subject Software in source code form must retain the notice set forth in
Exhibit A, below, in every file. A copy of this License must be included in
any documentation for such Subject Software where the recipients' rights
relating to Subject Software are described. Recipient may distribute the
source code version of Subject Software under a license of Recipient's
choice, which may contain terms different from this License, provided that
(i) Recipient is in compliance with the terms of this License, and (ii) the
license terms include this Section 2 and Sections 3, 4, 7, 8, 10, 12 and 13
of this License, which terms may not be modified or superseded by any other
terms of such license. If Recipient distributes the source code version under
a different license Recipient must make it absolutely clear that any terms
which differ from this License are offered by Recipient alone, not by SGI.
Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as
a result of any such terms Recipient offers.
3. Redistribution in Executable Form. The notice set forth in Exhibit A must
be conspicuously included in any notice in an executable version of Subject
Software, related documentation or collateral in which Recipient describes
the user's rights relating to the Subject Software. Recipient may distribute
the executable version of Subject Software under a license of Recipient's
choice, which may contain terms different from this License, provided that
(i) Recipient is in compliance with the terms of this License, and (ii) the
license terms include this Section 3 and Sections 4, 7, 8, 10, 12 and 13 of
this License, which terms may not be modified or superseded by any other
terms of such license. If Recipient distributes the executable version under
a different license Recipient must make it absolutely clear that any terms
which differ from this License are offered by Recipient alone, not by SGI.
Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as
a result of any such terms Recipient offers.
4. 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 which 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.
5. No 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
the Subject Software without prior written permission of SGI.
6. No Other Rights. This License does not grant any rights with respect to
the OpenGL API or to any software or hardware implementation thereof or to
any other software whatsoever, nor shall any other rights or licenses not
expressly granted hereunder arise by implication, estoppel or otherwise with
respect to the Subject Software. Title to and ownership of the Original Soft-
ware 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 in connection with use and distribution of
the Subject Software, including but not limited to, all export and import
control laws and regulations of the U.S. government and other countries.
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, distribu-
tion, import or sale of Subject Software (including particular functionality
or code incorporated in Subject Software) infringes the third party's intel-
lectual 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 Sec-
tions 2 and 3, above, and in the text of any related documentation, license
agreement or collateral in which Recipient describes end user's rights relat-
ing 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 news-
groups) reasonably calculated to inform those who received the Subject Soft-
ware 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, MER-
CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. SGI ASSUMES NO
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-
VICING, 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.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-
ORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-
BILITY), 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 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 unen-
forceable, 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 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 which provides that the language of a con-
tract shall be construed against the drafter shall not apply to this License.
Exhibit A
The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 and
13 of the GLX Public License Version 1.0 (the "License"). You may not use
this file except in compliance with those sections of the License. You may
obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services,
2011 N. Shoreline Blvd., Mountain View, CA 94043 or at
http://www.sgi.com/software/opensource/glx/license.html.
Software distributed under the License is distributed on an "AS IS" basis.
ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-
INFRINGEMENT. See the License for the specific language governing rights and
limitations under the License.
The Original Software is GLX version 1.2 source code, released February,
1999. The developer of the Original Software is Silicon Graphics, Inc. Those
portions of the Subject Software created by Silicon Graphics, Inc. are Copy-
right (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.