Pluspack 1/Caligari Corporation Pluspack1 1998.iso/DATA/SGI_GL/LICENSE.TXT

Text File | 1997-07-28 | 5.7 KB | 102 lines

Software License Agreement

1. Grant Of Limited License; Software Use Restrictions. 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
personal computer (a "PC"), without right to sublicense or distribute
the Software (except as provided in Section 3 below). Under no
circumstance may you store, use or allow the use of the Software in
any manner on more than one PC at one time. You agree that you will
not modify, reverse engineer, decompile or disassemble any portion
of the Software.

2. Duplication Restrictions. In order to effect your license
rights hereunder, you may install the Software by duplicating it onto
the hard disk drive or into the CPU memory of a PC for use thereon, and
you may make full or partial copies of the Software, but only as
necessary for backup or archival purposes or for purposes of
distribution pursuant to Section 3 below. 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 duplicate and
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 (i) the entire installation package as originally provided for
the Software by SGI, and (ii) a copy of this 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.
Except as expressly provided in Section 3 above, 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
SGI'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 "AS IS" 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.
05/31/96