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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
unenforceable, 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 contract
shall be construed against the drafter shall not apply to this License.