home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
SGI Developer Toolbox 6.1
/
SGI Developer Toolbox 6.1 - Disc 2.iso
/
toolbox
/
utilities
/
insight_dev
/
COPYRIGHT
next >
Wrap
Text File
|
1996-11-11
|
7KB
|
115 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 OR MAILTHE 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 "SGI
System"), 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 SGI'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
"AS IS" 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