xi
1.7.
“Licensed Patents” means patent claims Licensable by SGI that are
infringed by the use or sale of Original Code or any Modi
fi
cations
provided by SGI, or any combination thereof.
1.8.
“Modi
fi
cations” means any addition to or deletion from the
substance or structure of the Original Code or any previous
Modi
fi
cations. When Covered Code is released as a series of
fi
les,
a Modi
fi
cation is:
A.
Any addition to the contents of a
fi
le containing Original Code
and/or addition to or deletion from the contents of a
fi
le
containing previous Modi
fi
cations.
B.
Any new
fi
le that contains any part of the Original Code or
previous Modi
fi
cations.
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 speci
fi
cally
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 de
fi
nition, “control” of an entity means (a) the power, direct or
indirect, to direct or manage such entity, or (b) ownership of
fi
fty
percent (50%) or more of the outstanding shares or bene
fi
cial
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
Modi
fi
cations 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 Modi
fi
cations 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 Modi
fi
cations
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 Modi
fi
cation is added, such addition of the Modi
fi
cation
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 Modi
fi
cation. No patent license is
provided under SGI Patents for infringements of SGI Patents by
Modi
fi
cations not provided by SGI or combinations of Original
Code and Modi
fi
cations 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 Modi
fi
cations 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 Modi
fi
cations 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
fi
le that can include a text comments
fi
eld; 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 Modi
fi
cations; 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 modi
fi
ed
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 Modi
fi
cations 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,
