1 SILICON GRAPHICS, INC. 2 LICENSE AGREEMENT 3 4 PLEASE READ THIS DOCUMENT CAREFULLY. SILICON GRAPHICS, INC. 5 ("SGI") GRANTS YOU THE RIGHT TO USE THIS SOFTWARE, BUT ONLY IF YOU 6 AGREE WITH THE TERMS AND CONDITIONS OF THIS END USER LICENSE 7 AGREEMENT (the "Agreement"), BELOW. IF YOU DO NOT AGREE WITH THESE 8 TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE. 9 10 NOTE: THIS LICENSE DOES NOT INCLUDE SUPPORT. 11 12 1. Grant Of Limited License; Software Use Restrictions In 13 consideration for your acceptance of the terms and conditions of 14 this Agreement, SGI will grant to you a personal, non-transferable 15 and non-exclusive right to use and execute the Software, without 16 right to sublicense the Software. You agree that you will not 17 modify, reverse engineer, decompile or disassemble any portion of 18 the Software. You may distribute copies of the Software to others, 19 if you include copy of this license agreement with each of such 20 copies. 21 22 2. Copying Restrictions. In order to effect your license rights 23 hereunder, you may copy the Software, but only if you place on and 24 in each such copy the same proprietary and copyright notices and 25 legends as originally included by SGI. 26 27 3. Ownership of Software. You agree and acknowledge that SGI 28 transfers no ownership interest in the Software, in the 29 intellectual property in any Software or in any Software copy, to 30 you or anyone else under this Agreement or otherwise, and that SGI 31 and its licensors reserve all rights not expressly granted to you 32 hereunder. 33 34 4. Transfer Restrictions. This license is personal to you. You may 35 not transfer the Software and/or assign this License to any third 36 party. If you attempt to transfer or assign this License, such 37 transfer or assignment will be void and without effect. 38 39 5. Export Restrictions. You may not export or reexport any 40 Software or other technology received under this Agreement except 41 in full compliance with all United States and other applicable 42 laws and regulations. In particular, none of such Software or 43 technology may be exported or reexported into (or to a national or 44 resident of) any country to which the U.S. embargoes goods, or to 45 anyone on the U.S. Treasury Department's list of Specially 46 Designated Nationals or the U.S. Commerce Department's Table of 47 Denial Orders. 48 49 6. Term; Termination. The term of this Agreement shall commence 50 when you electronically download or receive (if SGI delivers the 51 Software to you by email or alternative means) and shall continue 52 thereafter. If you fail to fulfill any of your material 53 obligations under this Agreement, SGI and/or its licensors may 54 pursue all available legal remedies to enforce this Agreement, and 55 SGI may, at any time after your default of this Agreement, 56 terminate this Agreement and all licenses and rights granted to 57 you under this Agreement. You agree that SGI''s licensors 58 referenced in the Software are third-party beneficiaries of this 59 Agreement, and may enforce this Agreement as it relates to their 60 intellectual property. You further agree that, if SGI terminates 61 this Agreement for your default, you will, within thirty (30) days 62 after any such termination, deliver to SGI or render unusable all 63 Software originally provided to you hereunder and any copies 64 thereof embodied in any medium. 65 66 7. Governing Law. This Agreement shall be governed by and 67 interpreted in accordance with the laws of the State of 68 California, excluding its choice of law rules. 69 70 U. S. GOVERNMENT USERS. If the Software is acquired by or on 71 behalf of an entity of government of the United States of America, 72 the following provision applies: U. S. GOVERNMENT RESTRICTED 73 RIGHTS LEGEND Use, duplication or disclosure of Software by the 74 Government is subject to restrictions as set forth in FAR 75 52.227-19(c)(2) or subparagraph (c)(1)(ii) of the Rights in 76 Technical Data and Computer Software clause at DFARS 252.227-7013 77 and/or in similar or successor clauses in the FAR, or the DOD or 78 NASA FAR Supplement. Unpublished- rights reserved under the 79 Copyright Laws of the United States. Contractor/manufacturer is 80 SILICON GRAPHICS, INC., 2011 N. Shoreline Blvd., Mountain View, CA 81 94039- 7311. 82 83 8. Disclaimer Of Software Warranty. SGI PROVIDES THE SOFTWARE TO 84 YOU ""AS IS"" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, 85 STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY 86 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 87 NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN 88 TO YOU BY ANY SGI EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR WILL 89 CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY 90 SUCH INFORMATION OR ADVICE. 91 92 9. Limitation Of Liability. IN NO EVENT SHALL SGI OR IT LICENSORS 93 BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR 94 INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE 95 COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR 96 GOODWILL, OR PROPERTY DAMAGE), WHETHER OR NOT SGI HAS BEEN ADVISED 97 OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY 98 OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS 99 SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF 100 ANY LIMITED REMEDY. (07/31/97) (CB) 101 102