JESSIE PUBLIC LICENSE VERSION 1.0 ("License")
Silicon Graphics, Inc. ("SGI") hereby grants permission to Recipient (defined
below), under SGI's copyrights in the Original Software (defined below), to
use, copy, modify, merge, publish, distribute, sublicense and/or sell copies
of the Original Software (defined below) in both source code and executable
form, and to permit persons to whom the Original 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, publication, distributing, sublicensing or
selling:
1. Definitions.
(a) "Original Software" means the computer software code that is described
in Exhibit A as Original Software, and any portions thereof, in source
code or binary form.
(b) "Recipient" means an individual or a legal entity exercising rights under
the terms of this License.
(c) "Required Notice" means the notice set forth in Exhibit A to this License.
(d) "Accompanying Technology" means any software or other technology that is
distributed or made publicly available by Recipient with the Original
Software. Separate software files that do not contain any Original
Software shall not be deemed Accompanying Technology, even if such
software files are aggregated as part of a product, or in any medium of
storage, with any file that does contain Original Software.
2. License Terms. All distribution of the Original Software must be made
subject to the terms of this License. A copy of this License and the
Required Notice must be included in any documentation for Original Software
where Recipient's rights relating to Original Software and/or any
Accompanying Technology are described. Distributions of Original Software
in source code form must also include the Required Notice in every file
distributed. In addition, a ReadMe file entitled "Important Legal Notice"
must be distributed with each distribution of one or more files that
incorporate Original Software. That file must be included with
distributions made in either source code and executable form. A copy of
the License and the Required Notice must be included in that file.
Recipient may distribute Accompanying Technology 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) such other license terms do not modify or supercede the terms of
this License as applicable to the Original Software.
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. Provisions which, by their
nature, must remain in effect beyond the termination of this License shall
survive.
4. No Other Rights. This License does not grant any rights with respect to the
Original Software 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 Original Software. 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.
5. DISCLAIMER OF WARRANTY. THE ORIGINAL SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL 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 ORIGINAL SOFTWARE. SHOULD ANY ORIGINAL SOFTWARE PROVE DEFECTIVE IN ANY 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.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO 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 WITH RESPECT TO THE ORIGINAL SOFTWARE 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.
7. 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 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
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The contents of this file, or portions of the contents of this file, are
subject to the Jessie Public License Version 1.0 (the "License"). You may
not use this file except in compliance with those sections of the License.
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 Jessie Version 0.5, released August 1999.
Copyright 1999 Silicon Graphics, Inc. All Rights Reserved.