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13. Miscellaneous. This License represents the complete agreement
concerning the its subject matter. If any provision of this License is held
to be unenforceable, such provision shall be reformed so as to achieve
as nearly as possible the same legal and 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
License Applicability. Except to the extent portions of this file are made subject
to an alternative license as permitted in the SGI Free Software License B,
Version 1.1 (the “License”), the contents of this file are subject only to the
provisions of 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, 1600 Amphitheatre Parkway, Mountain View, CA 94043-
1351, or at: http://oss.sgi.com/projects/FreeB Note that, as provided in the
License, the Software is distributed on an “AS IS” basis, with ALL EXPRESS
AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.Original
Code. The Original Code is: [name of software, version number, and release
date], developed by Silicon Graphics, Inc. The Original Code is Copyright (c)
[dates of first publication, as appearing in the Notice in the Original Code]
Silicon Graphics, Inc. Copyright in any portions created by third parties is as
indicated elsewhere herein. All Rights Reserved. Additional Notice Provisions:
[such additional provisions, if any, as appear in the Notice in the Original Code
under the heading “Additional Notice Provisions”]