Legal Issues

MLC++ (up to version 1.3.X) was developed at Stanford University and was public domain; that version is still distributed as such by SGI. SGI MLC++ (V2.0 and higher) includes improvements to MLC++. These improvements are research domain only and are available in both source and object code formats through this web site.

Permission to use LEDA object code within MLC++ was granted, but if you're using the MLC++ source code, you must first obtain the appropriate licenses for LEDA from the Max-Planck-Institut and install LEDA yourself. We do request that you acknowledge any direct or indirect use of MLC++ by referencing the MLC++ home page.

The following agreement applies to the use of SGI MLC++ (version 2.0 and higher). If you wish to extract the SGI MLC++ source code, you will be required to fill in a specific form with more details.

SILICON GRAPHICS, INC. ("SGI") IS WILLING TO LICENSE SGI MLC++ SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY.

1. DEFINITIONS. "Designated Systems" shall mean the computer systems identified by you on the registration form.

"Licensed Software" shall mean the MLC++ software in source code form, and any related materials provided to you by SGI. Licensed Software shall also include any copies of Licensed Software and any software updates (as defined below)."

2. LICENSE TO USE LICENSED SOFTWARE AND RELATED MATERIALS FOR INTERNAL RESEARCH PURPOSES. SGI and its licensors retain exclusive ownership of the Licensed Software. SGI hereby grants to you ("you" or "Licensee") a non-exclusive, non-transferable, royalty-free and restricted license to use the Licensed Software internally for research purposes only, and to create derivative works thereof for research purposes only, on the Designated Systems only. No license is granted to you for any other purpose.

You agree that: (i) all copyright, trademark and other intellectual property legends or notices will appear on all copies and derivative works of the Licensed Software or portions thereof and (ii) any publications, including technical reports and white papers, which mention results from software that uses SGI MLC++ in any way must give conspicuous reference to the use of SGI MLC++ and refer to this web site.

3. LICENSEE'S OBLIGATION TO PROVIDE FEEDBACK. Licensee shall provide feedback on the Licensed Software, which may include a description of the projects, sizes of data used, and other pertinent information reasonably requested from SGI from time to time.

4. NO SUPPORT OF LICENSED SOFTWARE. SGI is under no obligation to support the Licensed Software or Related Materials in any way, or to provide you with updates, or error corrections (collectively, "Software Updates"). If SGI at its sole option, supplies Software Updates to you, such Software Updates will be considered part of the Licensed Software, subject to the terms and conditions of this license agreement.

5. RESTRICTED RIGHTS.. RESTRICTED RIGHTS: Use, duplication, or disclosure by the U.S. Government is subject to restrictions of FAR 52.227-14(g)(2)(6/87) and FAR 52.227-19(6/87), or DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-3(a).

6. WARRANTY AND DISCLAIMER OF WARRANTY. SGI PROVIDES THE LICENSED SOFTWARE TO YOU "AS IS". SGI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). SGI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE, THE RELATED MATERIALS OR THEIR DERIVATIVES.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL SGI BE LIABLE FOR ANY LOST REVENUES OR PROFITS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING WITH RESPECT TO THE LICENSED SOFTWARE AND RELATED MATERIALS OR ARISING OUT OF THIS AGREEMENT, EVEN IF SGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This provision shall survive the expiration or termination of this Agreement.

8. MISCELLANEOUS. This agreement shall automatically terminate if you fail to comply with its terms.

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to conflict of laws principles. By using or copying this Licensed Software and/or Related Materials, you agree to abide by the intellectual property laws and all other applicable laws of the U.S. (including without limitation the export laws of the United States) and the terms of this license.

It is understood and agreed that, notwithstanding any other provisions of this Agreement, your breach of the provisions of Section 2 (License Grant) of this Agreement will cause SGI irreparable damage for which recovery of money damages would be inadequate, and that SGI will therefore be entitled to seek timely injunctive relief to protect SGI's rights under this Agreement in addition to any and all remedies available at law.