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VI
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 that 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 1.1 (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 Amphitheatre 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”]