Re: SGI Free SW license 1.1 compatability with Xfree86 style license
>> Henning Makholm <firstname.lastname@example.org> writes:
> Scripsit "James A. Treacy" <email@example.com>
> > 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.
Attached is a text version converted using mswordview, and cleaned
after the fact (%s/\[.*\.gif\]//) for legibility's sake.
SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])
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
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
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
B. Any new file that contains any part of the Original Code or
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 .
3.1. 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
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.
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:
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"]