NOTE: REDISTRIBUTION OF THE SOFTWARE LICENSED HEREUNDER REQUIRES THE EXECUTION OF A SEPARATE LICENSE AGREEMENT WITH SILICON GRAPHICS, INC. Version 1.0.1 Cosmo(tm) Player for IRIX, Beta 3.0 Cosmo(tm) Player for Win95/WinNT Developed by Silicon Graphics, Inc. 2011 N. Shoreline Boulevard, Mountain View, CA 94043 Copyright (c) 1996, Silicon Graphics, Inc. All Rights Reserved Silicon Graphics(R), and the Silicon Graphics Logo(R) are registered trademarks and Cosmo(tm), the Cosmo logo(tm), Cosmo Worlds(tm) and Cosmo(tm)Player are trademarks of Silicon Graphics, Inc. COSMO(tm) SOFTWARE LICENSE AGREEMENT* SILICON GRAPHICS, INC. ("SGI") IS WILLING TO LICENSE COSMO SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW. 1. DEFINITIONS The "Cosmo"(tm) software in binary form (hereafter "Licensed Software") is provided to you subject to SGI's copyright and other intellectual property rights. 2. LICENSE GRANT AND NOTICES SGI and its licensors retain exclusive ownership of the Licensed Software. SGI hereby grants to you ("you") a non-exclusive license to use a single copy of the Licensed Software. No license is granted to you for any other purpose. The above license is subject to all terms of this Agreement including, without limitation, the following: You agree not to reverse engineer or disassemble the Licensed Software You agree not to remove or obscure proprietary notices of SGI You agree not to alter the size, color and quality of the logo 3. RESTRICTED RIGHTS. RESTRICTED RIGHTS: Use, duplication, or disclosure by the U.S. Government is subject to restrictions of FAR 52.227-14(g)(2)(6/87) and FAR 52.227-19(6/87), or DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-3(a). 4. DISCLAIMER OF WARRANTY SGI PROVIDES THE LICENSED SOFTWARE TO YOU "AS IS". SGI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). SGI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE OR ITS DERIVATIVES. 5. LIMITATION OF LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST REVENUES OR PROFITS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING WITH RESPECT TO THE LICENSED SOFTWARE AND RELATED MATERIALS OR ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This provision shall survive the expiration or termination of this Agreement. 6. MISCELLANEOUS This Agreement shall automatically terminate if you fail to comply with its terms. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to conflict of laws principles. By using or copying this Licensed Software, You agree to abide by the intellectual property laws and all other applicable laws of the U.S. (including without limitation the export laws of the United States) and the terms of this license. * Note regarding beta software: if you are receiving beta software, be aware that it is software which is still under development and may contain bugs. Support is not available for beta software. SGI welcomes your feedback regarding beta software performance.