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 personal computer (a ô"PC"ö), without right to sublicense or distribute the
Software (except as provided in Section 3 below). 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 such copies include 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 SGIÆ'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 ô"AS IS"ö 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
