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Copyrights and Legal Notices
73
1.5 "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.
1.6 "License" means this document.
1.7 "Licensed Patents" means patent claims Licensable by SGI that are infringed by the use or sale of Original
Code or any Modifications provided by SGI, or any combination thereof.
1.8 "Modifications" means any addition to or deletion from the substance or structure of the Original Code or
any 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 addition to or deletion from the contents of a
file containing 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 that 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 that 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 "Recipient Patents" means patent claims Licensable by a Recipient that are infringed by the use or sale of
Original Code or any Modifications 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 Modifications 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 Modifications 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 Modification is added, such addition of the Modification 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 Modification. No patent license is provided under SGI Patents for
infringements of SGI Patents by Modifications not provided by SGI or combinations of Original Code and
Modifications 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 Modifications 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 Modifications 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 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.
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