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SGI Cosmo Software 1997 May
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SGI Cosmo Software 1997 May.iso
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ccode2.1
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java_eoe.idb
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COPYRIGHT.z
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COPYRIGHT
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1997-05-23
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7KB
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113 lines
SILICON GRAPHICS, INC.
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU AGREE WITH THE TERMS AND
CONDITIONS OF THIS END USER LICENSE AGREEMENT (the "Agreement"), AND WISH TO
RECEIVE AND USE SGI'S SOFTWARE PRODUCT (the "Software"), PLEASE CLICK ON THE
ACCEPT LICENSE BUTTON BELOW. SGI WILL ONLY DOWNLOAD, ALLOW USE ON, OR MAIL
THE SOFTWARE TO YOUR MACHINE IF YOU HAVE SO INDICATED YOUR ACCEPTANCE OF
THIS AGREEMENT.
1. Grant Of Limited Evaluation License; Software Use Restrictions (a)
Limited Evaluation License. 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 single SGI workstation or server product (an ô"SGI System"ö), for
evaluation purposes only and without right to sublicense or distribute the
Software (except as provided in Section 3 beow). Under no circumstance may
you store, use or allow the use of the Software in any manner on more than
one SGI System at one time. You agree that you will not modify, reverse
engineer, decompile or disassemble any portion of the Software. SGI may, if
generally available from SGI and on your payment of any applicable license
fee, provide to you a key or other mechanism, or an update or revision to
the Software, for conversion of this evaluation license to a non-evaluation,
limited license.
2. Copying Restrictions. In order to effect your license rights hereunder,
you may install the Software by copying it onto the hard disk drive or into
the CPU memory of an SGI System for use thereon, and you may make full or
partial copies of the Software, but only as necessary for backup or archival
purposes. 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 distribute copies of the
Software to others, or allow copies of the Software to be made by someone
else, provided that all of such copies include a copy of this Evaluation
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. 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. 10/04/95
JAVA(tm) and HOTJAVA(tm) web development products are owned and licensed
exclusively by Sun Microsystems, Inc. Copyright(C) 1992-95 Sun Microsystems,
Inc. All rights reserved. JAVA, HOTJAVA, the JAVA/HOTJAVA Logos, Sun, Sun
Microsystems, and the Sun Logo are trademarks or registered trademarks of
Sun Microsystems, Inc. in the U.S. and other countries.