[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: SGI Free SW license 1.1 compatability with Xfree86 style license



>> Henning Makholm <henning@makholm.net> writes:

 > Scripsit "James A. Treacy" <treacy@debian.org>
 > 
 > > The SGI Free SW license B version 1.1 can be found at
 > > http://oss.sgi.com/projects/FreeB
 > 
 > Only in M$ Word and PostScript formats. The PostScript seems to
 > kill ghostscript, so it's hard to comment on.

*sigh*

Attached is a text version converted using mswordview, and cleaned
after the fact (%s/\[.*\.gif\]//) for legibility's sake.


				     Marcelo
   SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])


   1. Definitions.


       1.1. "Additional Notice Provisions" means such additional
   provisions as appear in the Notice in Original Code under the heading
   "Additional Notice Provisions."


       1.2. "Covered Code" means the Original Code or Modifications, or
   any combination thereof.
   
   
       1.3. "Hardware" means any physical device that accepts input,
   processes input, stores the results of processing, and/or provides
   output.
   
   
       1.4. "Larger Work" means a work that combines Covered Code or
   portions thereof with code not governed by the terms of this License.
   
   
       1.5. "Licensable" means having the right to grant, to the maximum
   extent possible, whether at the time of the initial grant or
   subsequently acquired, any and all of the rights conveyed herein.
   
   
       1.6. "License" means this document.
   
   
       1.7. "Licensed Patents" means patent claims Licensable by SGI that
   are infringed by the use or sale of Original Code or any Modifications
   provided by SGI, or any combination thereof.
   
   
       1.8. "Modifications" means any addition to or deletion from the
   substance or structure of the Original Code or any previous
   Modifications. When Covered Code is released as a series of files, a
   Modification is:
   
   
   A. Any addition to the contents of a file containing Original Code
   and/or addition to or deletion from the contents of a file containing
   previous Modifications.
   
   
   B. Any new file that contains any part of the Original Code or
   previous Modifications.
   
   
       1.9. "Notice" means any notice in Original Code or Covered Code,
   as required by and in compliance with this License.
   
   
       1.10. "Original Code" means source code of computer software code
   that is described in the source code Notice required by Exhibit A as
   Original Code, and updates and error corrections specifically thereto.
   
   
       1.11. "Recipient" means an individual or a legal entity exercising
   rights under, and complying with all of the terms of, this License or
   a future version of this License issued under Section 8. For legal
   entities, "Recipient" includes any entity that 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.
   
   
       1.12. "Recipient Patents" means patent claims Licensable by a
   Recipient that are infringed by the use or sale of Original Code or
   any Modifications provided by SGI, or any combination thereof.
   
   
       1.13. "SGI" means Silicon Graphics, Inc.
   
   
       1.14. "SGI Patents" means patent claims Licensable by SGI other
   than the Licensed Patents.
   
   
   2. License Grant and Restrictions.
   
   
       2.1. SGI License Grant. Subject to the terms of this License and
   any third party intellectual property claims, for the duration of
   intellectual property protections inherent in the Original Code, SGI
   hereby grants Recipient a worldwide, royalty-free, non-exclusive
   license, to do the following: (i) under copyrights Licensable by SGI,
   to reproduce, distribute, create derivative works from, and, to the
   extent applicable, display and perform the Original Code and/or any
   Modifications provided by SGI alone and/or as part of a Larger Work;
   and (ii) under any Licensable Patents, to make, have made, use, sell,
   offer for sale, import and/or otherwise transfer the Original Code
   and/or any Modifications provided by SGI. Recipient accepts the terms
   and conditions of this License by undertaking any of the
   aforementioned actions. The patent license shall apply to the Covered
   Code if, at the time any related Modification is added, such addition
   of the Modification causes such combination to be covered by the
   Licensed Patents. The patent license in Section 2.1(ii) shall not
   apply to any other combinations that include the Modification. No
   patent license is provided under SGI Patents for infringements of SGI
   Patents by Modifications not provided by SGI or combinations of
   Original Code and Modifications not provided by SGI.
   
   
       2.2. Recipient License Grant. Subject to the terms of this License
   and any third party intellectual property claims, Recipient hereby
   grants SGI and any other Recipients a worldwide, royalty-free,
   non-exclusive license, under any Recipient Patents, to make, have
   made, use, sell, offer for sale, import and/or otherwise transfer the
   Original Code and/or any Modifications provided by SGI.
   
   
       2.3. No License For Hardware Implementations. The licenses granted
   in Section 2.1 and 2.2 are not applicable to implementation in
   Hardware of the algorithms embodied in the Original Code or any
   Modifications provided by SGI .
   
   
   3. Redistributions.
   
   
       3.1. Retention of Notice/Copy of License. The Notice set forth in
   Exhibit A, below, must be conspicuously retained or included in any
   and all redistributions of Covered Code. For distributions of the
   Covered Code in source code form, the Notice must appear in every file
   that can include a text comments field; in executable form, the Notice
   and a copy of this License must appear in related documentation or
   collateral where the Recipient's rights relating to Covered Code are
   described. Any Additional Notice Provisions which actually appears in
   the Original Code must also be retained or included in any and all
   redistributions of Covered Code.
   
   
       3.2. Alternative License. Provided that Recipient is in compliance
   with the terms of this License, Recipient may, so long as without
   derogation of any of SGI's rights in and to the Original Code,
   distribute the source code and/or executable version(s) of Covered
   Code under (1) this License; (2) a license identical to this License
   but for only such changes as are necessary in order to clarify
   Recipient's role as licensor of Modifications; and/or (3) a license of
   Recipient's choosing, containing terms different from this License,
   provided that the license terms include this Section 3 and Sections 4,
   6, 7, 10, 12, and 13, which terms may not be modified or superseded by
   any other terms of such license. If Recipient elects to use any
   license other than this License, Recipient must make it absolutely
   clear that any of its terms which differ from this License are offered
   by Recipient alone, and not by SGI. It is emphasized that this License
   is a limited license, and, regardless of the license form employed by
   Recipient in accordance with this Section 3.2, Recipient may relicense
   only such rights, in Original Code and Modifications by SGI, as it has
   actually been granted by SGI in this License.
   
   
       3.3. Indemnity. Recipient hereby agrees to indemnify SGI for any
   liability incurred by SGI as a result of any such alternative license
   terms Recipient offers.
   
   
   4. Termination. This License and the rights granted hereunder will
   terminate automatically if Recipient breaches any term herein and
   fails to cure such breach within 30 days thereof. Any sublicense to
   the Covered Code that is properly granted shall survive any
   termination of this License, absent termination by the terms of such
   sublicense. Provisions that, by their nature, must remain in effect
   beyond the termination of this License, shall survive.
   
   
   5. No Trademark Or Other Rights. This License does not grant any
   rights to: (i) any software apart from the Covered Code, nor shall any
   other rights or licenses not expressly granted hereunder arise by
   implication, estoppel or otherwise with respect to the Covered Code;
   (ii) any trade name, trademark or service mark whatsoever, including
   without limitation any related right for purposes of endorsement or
   promotion of products derived from the Covered Code, without prior
   written permission of SGI; or (iii) any title to or ownership of the
   Original Code, which shall at all times remains with SGI. All rights
   in the Original Code not expressly granted under this License are
   reserved.
   
   
   6. Compliance with Laws; Non-Infringement. There are various worldwide
   laws, regulations, and executive orders applicable to dispositions of
   Covered Code, including without limitation export, re-export, and
   import control laws, regulations, and executive orders, of the U.S.
   government and other countries, and Recipient is reminded it is
   obliged to obey such laws, regulations, and executive orders.
   Recipient may not distribute Covered Code that (i) in any way
   infringes (directly or contributorily) any intellectual property
   rights of any kind of any other person or entity or (ii) breaches any
   representation or warranty, express, implied or statutory, to which,
   under any applicable law, it might be deemed to have been subject.
   
   
   7. Claims 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. Versions 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. DISCLAIMER 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. LIMITATION 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 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 Covered Code or out 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. Miscellaneous. 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 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 that provides that the
   language of a contract shall be construed against the drafter shall
   not apply to this License.
   
   
   Exhibit A
   
   
   License Applicability. Except to the extent portions of this file are
   made subject to an alternative license as permitted in the SGI Free
   Software License B, Version 1.1 (the "License"), the contents of this
   file are subject only to the provisions of the License. You may not
   use this file except in compliance with the License. You may obtain a
   copy of the License at Silicon Graphics, Inc., attn: Legal Services,
   1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, or at:
   
   
   http://oss.sgi.com/projects/FreeB
   
   
   Note that, as provided in the License, the Software is distributed on
   an "AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND
   CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
   WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
   FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
   
   Original Code. The Original Code is: [name of software, version
   number, and release date], developed by Silicon Graphics, Inc. The
   Original Code is Copyright (c) [dates of first publication, as
   appearing in the Notice in the Original Code] Silicon Graphics, Inc.
   Copyright in any portions created by third parties is as indicated
   elsewhere herein. All Rights Reserved.
   
   
   Additional Notice Provisions: [such additional provisions, if any, as
   appear in the Notice in the Original Code under the heading
   "Additional Notice Provisions"]

Reply to: