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- SILICON GRAPHICS, INC.
-
- SOFTWARE LICENSE AGREEMENT
-
- PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU AGREE WITH THE TERMS AND
- CONDITIONS OF THIS END USER LICENSE AGREEMENT (the "Agreement"), AND WISH TO
- RECEIVE AND USE SGI'S SOFTWARE PRODUCT (the "Software"), PLEASE CLICK ON THE
- ACCEPT LICENSE BUTTON BELOW. SGI WILL ONLY DOWNLOAD, ALLOW USE ON, OR MAIL
- THE SOFTWARE TO YOUR MACHINE IF YOU HAVE SO INDICATED YOUR ACCEPTANCE OF
- THIS AGREEMENT.
-
- 1. Grant Of Limited Evaluation License; Software Use Restrictions (a)
- Limited Evaluation License. In consideration for your acceptance of the
- terms and conditions of this Agreement, SGI will grant to you a personal,
- non-transferable and non-exclusive right to use and execute the Software on
- a single SGI workstation or server product (an ô"SGI System"ö), for
- evaluation purposes only and without right to sublicense or distribute the
- Software (except as provided in Section 3 beow). Under no circumstance may
- you store, use or allow the use of the Software in any manner on more than
- one SGI System at one time. You agree that you will not modify, reverse
- engineer, decompile or disassemble any portion of the Software. SGI may, if
- generally available from SGI and on your payment of any applicable license
- fee, provide to you a key or other mechanism, or an update or revision to
- the Software, for conversion of this evaluation license to a non-evaluation,
- limited license.
-
- 2. Copying Restrictions. In order to effect your license rights hereunder,
- you may install the Software by copying it onto the hard disk drive or into
- the CPU memory of an SGI System for use thereon, and you may make full or
- partial copies of the Software, but only as necessary for backup or archival
- purposes. You agree that (i) your use and possession of such copies shall be
- solely under the terms and conditions of this Agreement, and (ii) you shall
- place the same proprietary and copyright notices and legends on all such
- copies as included by SGI on any media containing an authorized copy of the
- Software originally provided by SGI.
-
- 3. Distribution of the Software to Others. You may distribute copies of the
- Software to others, or allow copies of the Software to be made by someone
- else, provided that all of such copies include a copy of this Evaluation
- License Agreement.
-
- 4. Ownership of Software. You agree and acknowledge that SGI transfers no
- ownership interest in the Software, in the intellectual property in any
- Software or in any Software copy, to you under this Agreement or otherwise,
- and that SGI and its licensors reserve all rights not expressly granted to
- you hereunder.
-
- 5. Transfer Restrictions. This license is personal to you. You may not
- transfer the Software and/or assign this License to any third party. If you
- attempt to transfer or assign this License, such transfer or assignment will
- be void and without effect.
-
- 6. Export Restrictions. You may not export or reexport any Software or other
- technology received under this Agreement except in full compliance with all
- United States and other applicable laws and regulations. In particular, none
- of such Software or technology may be exported or reexported into (or to a
- national or resident of) any country to which the U.S. embargoes goods, or
- to anyone on the U.S. Treasury Department's list of Specially Designated
- Nationals or the U.S. Commerce Department's Table of Denial Orders.
-
- 7. Term; Termination. The term of this Agreement shall commence when you
- electronically download or receive (if SGI delivers the Software to you by
- email or alternative means) and shall continue thereafter. If you fail to
- fulfill any of your material obligations under this Agreement, SGI and/or
- its licensors may pursue all available legal remedies to enforce this
- Agreement, and SGI may, at any time after your default of this Agreement,
- terminate this Agreement and all licenses and rights granted to you under
- this Agreement. You agree that SGIÆ's licensors referenced in the Software
- are third-party beneficiaries of this Agreement, and may enforce this
- Agreement as it relates to their intellectual property. You further agree
- that, if SGI terminates this Agreement for your default, you will, within
- thirty (30) days after any such termination, deliver to SGI or render
- unusable all Software originally provided to you hereunder and any copies
- thereof embodied in any medium.
-
- 8. Governing Law. This Agreement shall be governed by and interpreted in
- accordance with the laws of the State of California, excluding its choice of
- law rules.
-
- U. S. GOVERNMENT USERS. If the Software is acquired by or on behalf of an
- entity of government of the United States of America, the following
- provision applies: U. S. GOVERNMENT RESTRICTED RIGHTS LEGEND Use,
- duplication or disclosure of Software by the Government is subject to
- restrictions as set forth in FAR 52.227-19(c)(2) or subparagraph (c)(1)(ii)
- of the Rights in Technical Data and Computer Software clause at DFARS
- 252.227-7013 and/or in similar or successor clauses in the FAR, or the DOD
- or NASA FAR Supplement. Unpublished- rights reserved under the Copyright
- Laws of the United States. Contractor/manufacturer is SILICON GRAPHICS,
- INC., 2011 N. Shoreline Blvd., Mountain View, CA 94039- 7311.
-
- 9. Disclaimer Of Software Warranty. SGI PROVIDES THE SOFTWARE TO YOU ô"AS
- IS"ö AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR
- OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. NO ORAL OR WRITTEN
- INFORMATION OR ADVICE GIVEN TO YOU BY ANY SGI EMPLOYEE, REPRESENTATIVE OR
- DISTRIBUTOR WILL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON
- ANY SUCH INFORMATION OR ADVICE.
-
- 10. Limitation Of Liability. IN NO EVENT SHALL SGI OR IT LICENSORS BE LIABLE
- TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY
- KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM
- LOSS OF DATA, USE, PROFITS OR GOODWILL, OR PROPERTY DAMAGE), WHETHER OR NOT
- SGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON
- ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS
- SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
- REMEDY. 10/04/95
-
- JAVA(tm) and HOTJAVA(tm) web development products are owned and licensed
- exclusively by Sun Microsystems, Inc. Copyright(C) 1992-95 Sun Microsystems,
- Inc. All rights reserved. JAVA, HOTJAVA, the JAVA/HOTJAVA Logos, Sun, Sun
- Microsystems, and the Sun Logo are trademarks or registered trademarks of
- Sun Microsystems, Inc. in the U.S. and other countries.
-