Labels:text | book | paper | publication | document OCR: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU (hereinafter "Licensee") AND SILICON GRAPHICS, INC. and its subsidiaries (collectively, INDIZONE "SGI"). BY OPENING THIS PACKAGE, BREAKING ANY SEALS, AND/OR USING THE ENCLOSED OR ACCOMPANYING SOFTWARE AND/OR ITS DOCUMENTATION ("SOFTWARE"), LICENSEE IS AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE SOFTWARE LICENSE AND DISCLAIMER OF SOFTWARE WARRANTY CONTAINED HEREIN. IF LICENSEE IS NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, LICENSEE SHOULD NOT OPEN THE PACKAGE, BREAK ANY SEALS, OR USE THE SOFTWARE, AND SHOULD PROMPTLY RETURN THE UNOPENED PACKAGE AND THE SOFTWARE TO THE PLACE WHERE LICENSEE OBTAINED IT, FOR A FULL REFUND. After payment of applicable license fees, Licensee shall own the media on which SGI originally provides SOFTWARE to Licensee hereunder, or on which Licensee subsequently records SOFT- WARE, but SGI shall retain ownership of all copies of SOFTWARE or portions thereof embodied in such media. 1. GRANT OF LICENSE; USE RESTRICTIONS. In consideration for Licensee's payment of the applicable license fee or purchase of a SGI workstation or server product ("SGI Equipment") with operating system software, SGI grants to Licensee a personal, nontransferable (except as provided below), and non-exclusive right to use SOFTWARE, solely for Licensee's internal business purposes, on a single item of SGI Equipment. Under no circumstances may Licensee use or allow the use of SOFTWARE in any manner on more than one item of SGI Equipment at one time. Licensee agrees that it shall not reverse compile or disassemble any portion of SOFTWARE. Prior to disposing of any media or apparatus containing SOFT- WARE, Licensee will ensure that Licensee has completely erased or otherwise destroyed any SOFTWARE contained on such media or stored in such apparatus. Licensee may not modify, adapt, translate, distribute, provide access to via a network, lease, loan, or resell for profit SOFTWARE or any portion thereof. 2. COPY RESTRICTIONS. In order to effect its license rights hereunder, Licensee may install SOFTWARE on the hard disk drive of SGI Equipment for use thereon and may make copies of SOFTWARE, only as necessary for backup or archival purposes to support the right to use licensed herein, provided, however, that in no event may any full or partial copies of SOFTWARE be stored on more than one item of SGI Equipment at the same time. Licensee agrees that (i) SGI shall own all such copies of SOFTWARE, (ii) Licensee's use and possession of such copies shall be subject solely to the terms of this Agreement, and (iii) Licensee shall place the same proprietary and copyright notices and legends on all such copies as included by SGI on the authorized copy of SOFTWARE originally provided by SGI. 3. OWNERSHIP OF SOFTWARE. Licensee agrees that no title to SOFTWARE, or the intellectual property in any SOFTWARE, or in any SOFTWARE copy, is transferred to Licensee hereun- der or otherwise, and that SGI and its licensors reserve all rights not expressly granted to Licensee hereunder. 4. TRANSFER RESTRICTIONS. If Licensee transfers ownership to or otherwise disposes of SGI Equipment, Licensee may transfer SOFTWARE and all licenses and rights in SOFTWARE granted under this Agreement to such transferee provided that: (a) the transferee agrees to accept the terms and conditions of this Agreement, and (b) Licensee also transfers att SOFT- WARE copies to such transferee. Except as provided above, or with SGI's prior written consent, neither this Agreement nor any rights or obligations under this Agreement, in whole or in part, shall be sublicensed, assigned or otherwise transferred and any attempt to sublicense, assign or transfer this Agreement or any rights or obligations under this Agreement shall be null and void. 5. EXPORT RESTRICTIONS. Licensee agrees that Licensee will not reexport, directly or indirectly, to Albania, Bulgaria, Cambodia, Cuba, Czechoslovakia, Estonia, Hungary, Laos, Latvia, Libya, Lithuania, Mongolian People's Republic, North Korea, Poland, Romania, the USSR, Vietnam, China (P.R.C.) or Afghanistan (a) the technical data or software that Licensee receives under this Agreement or (b) the direct product of such technical data or software if the direct products are commodities, software or technical data described on the Control List with a letter "A" following its Export Control Number as published by the U.S. Department of Commerce. The foregoing commitments apply unless (a) the Export Administration of the U. S. Department of Commerce explicitly permits the reexport, or (b) the Office of Export Licensing of the U. S. Department of Commerce first grants authorization in writing. Licensee's obliga- tions under this section shall survive the term (and any termination) of this Agreement. 6. ENFORCEMENT OF TERMS; TERMINATION. If Licensee fails to fulfill any of its 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 a default by Licensee hereof, terminate this Agreement and all licenses and rights granted to Licensee under this Agreement. Licensee shall, within thirty (30) days after any such termination, deliver to SGI all removable media and documentation containing the SOFTWARE, and shall render unusable all SOFTWARE placed in any storage apparatus. SGI's licensors referenced in the SOFTWARE and DOCUMENTATION are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. 7. GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with California law, excluding its choice of law rules. U. S. GOVERNMENT USERS. If SOFTWARE is acquired by or on behalf of an entity of the United States government, 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. 8. DISCLAIMER OF SOFTWARE WARRANTY. SGI PROVIDES SOFTWARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITH- OUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SGI EMPLOYEE, REPRESENTATIVE OR DISTRIBUTORS WILL CREATE A WARRANTY FOR THE SOFT- WARE, AND LICENSEE MAY NOT RELY ON SUCH INFORMATION OR ADVICE. 9. LIMITED WARRANTY ON MEDIA. SGI warrants the media on which SOFTWARE is recorded and provided under this Agreement to be free from defects in materials and workmanship under normal use. SGI's warranty and obligation shall extend for a period of ninety (90) days after the date of the original delivery of SOFTWARE to Licensee, and is solely for the benefit of Licensee, who has no authority to assign or pass through this warranty to any other person or entity. SGI will, at its sole option, replace defective media, or refund the purchase price of the replacement media, provided Licensee returns the defective media with proof of a replacement purchase to SGI or an authorized SGI representative. This warranty shall not apply if SGI determines that the media have been damaged by abuse, accident or misapplication. THE FOREGOING WARRANTY SETS FORTH SGI'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY FOR ANY DEFECTS IN ANY MEDIA AND IS IN LIEU OF, AND SGI DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. LIMITATION OF LIABILITY. EXCEPT AS PROVIDED IN SECTION 10 ABOVE, IN NO EVENT SHALL SGI OR IT LICENSORS BE LIABLE TO LICENSEE FOR ANY SPECIAL, CONSEQUEN- 812-8111-662 TIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION 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. SGI's and/or its licensors' liability for actual damages for any cause whatsoever, regardless of the form of action, will be limited to the greater of U.S.$150, or the fee paid for the license of the software that caused the damages or is directly related to the cause of action. 12. LAWS GOVERNING WARRANTIES AND LIABILITY. The law(s) of a jurisdiction may define the scope of warranty to be provided for software or the manner in which liability of a supplier of software is limited, and such law(s) shall govern this Agreement only to the extent a party protected by such law(s) cannot waive the protection thereof by contract. In the U. S ., some states do not allow the limitation or exclusion of liability for incidental or consequential damages, or allow the exclusion of implied warranties, so the limitation and exclusion above may not apply to Licensee, and Licensee may have other rights that vary from state to state.
