Administrator Guide

d. "Recipient" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this
License. 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.
2. Redistribution of Source Code Subject to These Terms. Redistributions of Subject Software in source code form must retain
the notice set forth in Exhibit A, below, in every file. A copy of this License must be included in any documentation for
such Subject Software where the recipients' rights relating to Subject Software are described. Recipient may distribute the
source code version of Subject Software 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) the license terms include this
Section 2 and Sections 3, 4, 7, 8, 10, 12 and 13 of this License, which terms may not be modified or superseded by any
other terms of such license. If Recipient distributes the source code version under a different license Recipient must make
it absolutely clear that any terms which differ from this License are offered by Recipient alone, not by SGI. Recipient hereby
agrees to indemnify SGI for any liability incurred by SGI as a result of any such terms Recipient offers.
3. Redistribution in Executable Form. The notice set forth in Exhibit A must be conspicuously included in any notice in an
executable version of Subject Software, related documentation or collateral in which Recipient describes the user's rights
relating to the Subject Software. Recipient may distribute the executable version of Subject Software 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) the license terms include this Section 3 and Sections 4, 7, 8, 10, 12 and 13 of this License,
which terms may not be modified or superseded by any other terms of such license. If Recipient distributes the executable
version under a different license Recipient must make it absolutely clear that any terms which differ from this License are
offered by Recipient alone, not by SGI. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result
of any such terms Recipient offers.
4. 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. Any sublicense to the Subject Software which is
properly granted shall survive any termination of this License absent termination by the terms of such sublicense. Provisions
which, by their nature, must remain in effect beyond the termination of this License shall survive.
5. No Trademark Rights. This License does not grant any rights to use any trade name, trademark or service mark whatsoever.
No trade name, trademark or service mark of SGI may be used to endorse or promote products derived from the Subject
Software without prior written permission of SGI.
6. No Other Rights. This License does not grant any rights with respect to the OpenGL API 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 Subject 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.
7. Compliance with Laws; Non-Infringement. Recipient shall comply with all applicable laws and regulations in connection with
use and distribution of the Subject Software, including but not limited to, all export and import control laws and regulations
of the U.S. government and other countries. Recipient may not distribute Subject Software 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,
which under any applicable law it might be deemed to have been distributed.
8. Claims of Infringement. If Recipient at any time has knowledge of any one or more third party claims that reproduction,
modification, use, distribution, import or sale of Subject Software (including particular functionality or code incorporated in
Subject Software) infringes the third party's intellectual property rights, Recipient must place in a well-identified web page
bearing the title "LEGAL" a description of each such claim and a description of the party making each such claim in sufficient
detail that a user of the Subject Software will know whom to contact regarding the claim. Also, upon gaining such knowledge
of any such claim, Recipient must conspicuously include the URL for such web page in the Exhibit A notice required under
Sections 2 and 3, above, and in the text of any related documentation, license agreement or collateral in which Recipient
describes end user's rights relating to the Subject Software. If Recipient obtains such knowledge after it makes Subject
Software available to any other person or entity, Recipient shall take other steps (such as notifying appropriate mailing lists
or newsgroups) reasonably calculated to inform those who received the Subject Software that new knowledge has been
obtained.
9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT
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 SOFTWARE. SHOULD ANY 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.
10. 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 INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
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