CID FONT CODE PUBLIC LICENSE (Version 1.0 (3/31/99))("License")
Subject to any applicable third party claims, Silicon Graphics, Inc. ("SGI") hereby grants permission to Recipient (defined below), under SGI's copyrights in the Original Software (defined below), to use, copy, modify, merge, publish, distribute, sublicense and/or sell copies of Subject Software (defined below) in both source code and executable form, and to permit persons to whom the Subject Software is furnished in accordance with this License to do the same, subject to all of the following terms and conditions, which Recipient accepts by engaging in any such use, copying, modifying, merging, publication, distributing, sublicensing or selling:
1. Definitions.
a. "Original Software" means source code of computer software code that is described in Exhibit A as Original Software.
b. "Modifications" means any addition to or deletion from the substance or structure of either the Original Software or any previous Modifications. When Subject Software is released as a series of files, a Modification means (i) any addition to or deletion from the contents of a file containing Original Software or previous Modifications and (ii) any new file that contains any part of the Original Code or previous Modifications.
c. "Subject Software" means the Original Software or Modifications or the combination of the Original Software and Modifications, or portions of any of the foregoing.
d. "Recipient" means an individual or a legal entity exercising rights under the terms of this License. For legal entities, "Recipient" includes any entity that controls, is controlled by, or is under common control with Recipient. For purposes of this definition, "control" of an entity means (i) the power, direct or indirect, to direct or manage such entity, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
e. "Required Notice" means the notice set forth in Exhibit A to this License.
f. "Accompanying Technology" means any software or other technology that is not a Modification and that is distributed or made publicly available by Recipient with the Subject Software. Separate software files that do not contain any Original Software or any previous Modification shall not be deemed a Modification, even if such software files are aggregated as part of a product, or in any medium of storage, with any file that does contain Original Software or any previous Modification.
2. License Terms. All distribution of the Subject Software must be made subject to the terms of this License. A copy of this License and the Required Notice must be included in any documentation for Subject Software where Recipient's rights relating to Subject Software and/or any Accompanying Technology are described. Distributions of Subject Software in source code form must also include the Required Notice in every file distributed. In addition, a ReadMe file entitled "Important Legal Notice" must be distributed with each distribution of one or more files that incorporate Subject Software. That file must be included with distributions made in both source code and executable form. A copy of the License and the Required Notice must be included in that file. Recipient may distribute Accompanying Technology under a license of Recipient's choice, which may contain terms different from this License, provided that (i) Recipient is in compliance with the terms of this License, (ii) such other license terms do not modify or supersede the terms of this License as applicable to the Subject Software, (iii) Recipient hereby indemnifies SGI for any liability incurred by SGI as a result of the distribution of Accompanying Technology or the use of other license terms.
3. Termination. This License and the rights granted hereunder will terminate automatically if Recipient fails to comply with terms herein and fails to cure such breach within 30 days of the breach. Any sublicense to the Subject Software that is properly granted shall survive any termination of this License absent termination by the terms of such sublicense. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
4. Trademark Rights. This License does not grant any rights to use any trade name, trademark or service mark whatsoever. No trade name, trademark or service mark of SGI may be used to endorse or promote products derived from or incorporating any Subject Software without prior written permission of SGI.
5. No Other Rights. No rights or licenses not expressly granted hereunder shall arise by implication, estoppel or otherwise. Title to and ownership of the Original Software at all times remains with SGI. All rights in the Original Software not expressly granted under this License are reserved.
6. Compliance with Laws; Non-Infringement. Recipient shall comply with all applicable laws and regulations in connection with use and distribution of the Subject Software, including but not limited to, all export and import control laws and regulations of the U.S. government and other countries. Recipient may not distribute Subject Software that (i) in any way infringes (directly or contributorily) the rights (including patent, copyright, trade secret, trademark or other intellectual property rights of any kind) of any other person or entity, or (ii) breaches any representation or warranty, express, implied or statutory, which under any applicable law it might be deemed to have been distributed.
7. Claims of Infringement. If Recipient at any time has knowledge of any one or more third party claims that reproduction, modification, use, distribution, import or sale of Subject Software (including particular functionality or code incorporated in Subject Software) infringes the third party's intellectual property rights, Recipient must place in a well-identified web page bearing the title "LEGAL" a description of each such claim and a description of the party making each such claim in sufficient detail that a user of the Subject Software will know whom to contact regarding the claim. Also, upon gaining such knowledge of any such claim, Recipient must conspicuously include the URL for such web page in the Required Notice, and in the text of any related documentation, license agreement or collateral in which Recipient describes end user's rights relating to the Subject Software. If Recipient obtains such knowledge after it makes Subject Software available to any other person or entity, Recipient shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to provide such knowledge to those who received the Subject Software.
8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SUBJECT SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.
10. Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of its utilization of rights under this License. Recipient will defend, indemnify and hold SGI and its successors and assigns harmless from and against any loss, liability, damages, costs or expenses (including the payment of reasonable attorneys fees) arising out of (Recipient's use, modification, reproduction and distribution of the Subject Software or out of any representation or warranty made by Recipient.
11. U.S. Government End Users. The Subject Software is a "commercial item" consisting of "commercial computer software" as such terms are defined in title 48 of the Code of Federal Regulations and all U.S. Government End Users acquire only the rights set forth in this License and are subject to the terms of this License.
12. Miscellaneous. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable by any judicial or administrative authority having proper jurisdiction with respect thereto, such provision shall be reformed so as to achieve as nearly as possible the same economic effect as the original provision and the remainder of this License will remain in effect. This License shall be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation relating to this License shall be subject to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or, absent subject matter jurisdiction in such courts, the courts of the State of California), with venue lying exclusively in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
Exhibit A
Copyright (c) 1994-1999 Silicon Graphics, Inc.
The contents of this file are subject to the CID Font Code Public License Version 1.0 (the "License"). You may not use this file except in compliance with the License. You may obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043 or at http://www.sgi.com/software/opensource/cid/license.html
Software distributed under the License is distributed on an "AS IS" basis. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. See the License for the specific language governing rights and limitations under the License.
The Original Software (as defined in the License) is CID font code that was developed by Silicon Graphics, Inc. Those portions of the Subject Software (as defined in the License) that were created by Silicon Graphics, Inc. are Copyright (c) 1994-1999 Silicon Graphics, Inc. All Rights Reserved.
[NOTE: When using this text in connection with Subject Software delivered solely in object code form, Recipient may replace the words "this file" with "this software" in both the first and second sentences.]