Cisco Cisco IPICS Release 2.1 Licensing Information

THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY

TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO

THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,

SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.

 

11. 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 harmless Silicon Graphics, Inc.

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.

 

12. 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.

 

13. Miscellaneous. This License represents the complete agreement concerning

subject matter hereof. If any provision of this License is held to be unen-

forceable, 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 which provides that the language of a con-

tract shall be construed against the drafter shall not apply to this License.

 

Exhibit A

 

The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 and

13 of the GLX Public License Version 1.0 (the "License"). You may not use

this file except in compliance with those sections of 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/glx/license.html.

 

Software distributed under the License is distributed on an "AS IS" basis.