mirror of
https://github.com/go-gitea/gitea.git
synced 2024-10-31 23:51:14 +03:00
bda70b848f
Replaces #8182
232 lines
13 KiB
Plaintext
232 lines
13 KiB
Plaintext
SGI FREE SOFTWARE LICENSE B
|
|
|
|
(Version 1.0 1/25/2000)
|
|
|
|
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 "API" means an application programming interface established by SGI in
|
|
conjunction with the Original Code.
|
|
|
|
1.3 "Covered Code" means the Original Code or Modifications or the combination
|
|
of the Original Code and Modifications, in each case including portions thereof.
|
|
|
|
1.4 "Hardware" means any physical device that accepts input, processes input,
|
|
stores the results of processing, and/or provides output.
|
|
|
|
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
|
|
with code not governed by the terms of this License.
|
|
|
|
1.6 "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.
|
|
|
|
1.7 "License" means this document.
|
|
|
|
1.8 "Modifications" means any addition to the substance or structure of the
|
|
Original Code and/or any addition to or deletion from 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
|
|
any addition to or deletion from 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 which 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 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.
|
|
|
|
1.12 SGI" means Silicon Graphics, Inc.
|
|
|
|
2. License Grant and Restrictions.
|
|
|
|
2.1 License Grant. Subject to the provisions 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 alone
|
|
and/or as part of a Larger Work; and (ii) under any patent claims Licensable
|
|
by SGI and embodied in the Original Code, to make, have made, use, practice,
|
|
sell, and offer for sale, and/or otherwise dispose of the Original Code. Recipient
|
|
accepts the terms and conditions of this License by undertaking any of the
|
|
aforementioned actions.
|
|
|
|
2.2 Restriction on Patent License. Notwithstanding the provisions of Section
|
|
2.1(ii), no patent license is granted: 1) separate from the Original Code;
|
|
nor 2) for infringements caused by (i) modification of the Original Code,
|
|
or (ii) the combination of the Original Code with other software or Hardware.
|
|
|
|
2.3 No License For Hardware Implementations. The licenses granted in Section
|
|
2.1 are not applicable to implementation in Hardware of the algorithms embodied
|
|
in the Original Code.
|
|
|
|
2.4 Modifications License and API Compliance. Modifications are only licensed
|
|
under Section 2.1(i) to the extent such Modifications are fully compliant
|
|
with any API as may be identified in Additional Notice Provisions as appear
|
|
in the Original Code.
|
|
|
|
3. Redistributions.
|
|
|
|
A. 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.
|
|
|
|
B. Alternative License. Provided that Recipient is in compliance with the
|
|
terms of this License, Recipient may 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, without derogation of any of
|
|
SGI's rights; 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.
|
|
|
|
C. 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. Recipient hereby assures that it
|
|
shall comply with all applicable laws, regulations, and executive orders,
|
|
in connection with any and all dispositions of Covered Code, including but
|
|
not limited to, all export, re-export, and import control laws, regulations,
|
|
and executive orders, of the U.S. government and other countries. Recipient
|
|
may not distribute Covered Code 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, 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
|
|
which 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 1.0 (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 Ampitheatre 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"]
|