Terms and Conditions of Use of the SGI Website ("SGI Website")

THIS SET OF TERMS AND CONDITIONS ("SGI Website Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE SGI WEBSITE. YOUR USE OF THE SGI WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.

GRANT, RESTRICTIONS, AND OWNERSHIP

Silicon Graphics, Inc. and its suppliers, as applicable ("SGI"), hereby grant You the right to use the content comprising the SGI Website (the "Content"). You may print the Content on The SGI Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by SGI from a variety of sources, and is subject to change without notice. You may not attempt to "pass-off" any of the Content as your own work.

You acknowledge that certain areas of the SGI Website may apply other rights and/or restrictions to their use in their own manner ("Separate Licenses"). Any language within these Terms Of Use is subject to language in the Separate Licenses to the contrary, as to their subject matter.

SOFTWARE: Specifically, but without limitation, any computer software downloadable or otherwise available through the SGI Website is licensed subject to the terms and conditions of its own applicable license agreement, and specific terms and conditions applicable to Software in download licenses within the SGI Website or otherwise available through the SGI Website will supersede the provisions of these Terms Of Use.

The use of certain areas of the SGI Website is further restricted to SGI support customers. You may not copy, adapt, modify, display, perform, or otherwise use the Content (including use the Content on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of SGI or its suppliers, including without limitation such permission as may appear within the SGI Website.

Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the "Applicable Laws"), including without limitation as indicated selectively within the Content. SGI and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.

You may use, print and/or download from the SGI Website the Content displayed on the SGI Website for your personal, noncommercial purposes only. If you breach any of these Terms Of Use, your authorization to use the SGI Website will automatically terminate and you must immediately destroy or delete any downloaded or printed material.

You agree that the Content is the proprietary information of SGI and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable SGI Website purposes indicated in association with the particular Content.

IMAGES IN SGI WEBSITE

Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in the SGI Website without securing the advance written consent of SGI. To request permission, send an email, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.

RSS FEEDS IN SGI WEBSITE

SGI provides RSS feeds as a free service for any individual for information purposes only. Use is restricted to non-commercial purposes only. SGI does not endorse any specific RSS reader or other third party application. SGI reserves the right to discontinue this service at any time and further reserves the right to request the immediate cessation of any specific use of its RSS service. By accessing SGI's RSS feeds, you are indicating your understanding and agreement with the terms and conditions in this paragraph.

COMMUNICATIONS FROM YOU TO THE SGI WEBSITE

Except for orders for products provided through the SGI Website and as specified in our Privacy Statement, all communications from You to the SGI Website will be considered non-proprietary and non-confidential, and SGI will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize SGI to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the SGI Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the SGI Website. SGI is not liable for any unauthorized use of any accounts you establish through the SGI Website (e.g., through SGI's SupportFolio Online support-related services) by You, your employees, agents or anyone else.

AVAILABILITY OF SGI WEBSITE

You acknowledge that temporary interruptions in the availability of the SGI Website may occur from time to time as normal events. Under no circumstances will SGI or its suppliers be held liable for any damages due to such interruptions. The SGI Website and the Content may include technical inaccuracies or typographical errors. The SGI Website is made available internationally and may contain references to products, programs and services of SGI and/or its suppliers that are not available in your location. Such references do not imply that SGI or its suppliers intend to make available such products, programs or services in your location.

MONITORING

It is neither the policy nor a practice of SGI to review communications with the SGI Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, SGI reserves the right to review such communications but has no such obligation. SGI shall have no responsibility or liability for the content of any communications posted to the SGI Website, nor for any errors or violations of any applicable laws or regulations. SGI will comply with court orders in any jurisdiction directing SGI to disclose the identity of anyone posting communications to the SGI Website.

LINKS WITH OTHER SITES

SGI is not responsible for the content of any other web site linked to or from the SGI Website. If you link to another site, you leave the SGI Website. If you decide to link to another site, you do so entirely at your own risk. SGI may provide links from the SGI Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

EXPORT/ENCRYPTION CONTROL

You acknowledge that USA export control laws and regulations apply to the entire SGI Website, including without limitation the U.S. Department of Commerce Export Administration Regulations ("E.A.R.") which prohibit the export or re-export of products and technology to certain countries and persons. You hereby assure You will not export, re-export, or transfer any software (acquired by You through the SGI Website ["Software"]) in violation of any applicable export control laws and regulations, including without limitation USA versions of the same. If You are outside the USA, You represent You are eligible to receive items exported from the USA and are not: (1) a resident or national of any country subject to a USA trade embargo; (2) listed on the "Entity List," "Denied Persons List," or "Specially Designated Nationals List" maintained by the U.S. government; (3) engaged in [a] civil or military nuclear activities; [b] chemical or biological weapons-related activities; or [c] missile technology in or for a country subject to USA proliferation controls; or (4) a military or nuclear end-user in Russia or an entity engaged in military or nuclear-related activities for Russia. You represent You will not supply Software to any end-user of the types listed above without prior U.S. government authorization. You acknowledge Software may contain encryption and be subject to more stringent restrictions under the E.A.R. You represent You are not a government end-user outside of the following countries: Austria, Australia, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and United Kingdom; a government end-user is any foreign, regional, or local government department, agency, or other entity performing governmental functions. You represent You will not supply Software to any government end-user outside of the countries listed above without prior U.S. government authorization. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the SGI Website will supersede the provisions of this paragraph.

U.S. GOVERNMENT LIMITED RIGHTS

You hereby acknowledge that any software (except as to open/free source) acquired from the SGI Website, including without limitation through the SGI Website, is acquired as "commercial computer software" (except as to included open/free software), subject to the provisions of its applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202, or successive sections. Contractor/manufacturer and/or direct/indirect supplier is Silicon Graphics, Inc., 1140 E. Arques Ave., Sunnyvale, CA 94085. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the SGI web site will supersede the provisions of this paragraph.

DISCLAIMER

THE CONTENT PROVIDED AT THIS SGI WEBSITE IS PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. SGI does not warrant the accuracy and completeness of the Content on the SGI Website. SGI takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the SGI Website. The Content at the SGI Website may be out of date, and SGI makes no commitment to update the Content at the SGI Website. Information published at the SGI Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the SGI Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the SGI Website will supersede the provisions of this paragraph.

LIMITATION OF LIABILITIES

IN NO EVENT WILL SGI OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SGI WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS SGI WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SGI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the SGI Website will supersede the provisions of this paragraph.

INDEMNIFICATION

Upon the request of SGI, you agree to defend, indemnify and hold harmless SGI and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the SGI Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the SGI Website. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the SGI Website will supersede the provisions of this paragraph.

TRADEMARKS

The trademarks, service marks and logos (trademarks) of SGI and/or others used on the SGI Website are the property of Silicon Graphics, Inc., its suppliers, or their respective owners. You may not use, and nothing contained on the SGI Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the SGI Website without the written permission of Silicon Graphics, Inc. or the respective owner, which written permission may be expressed within the SGI Website.

AGREEMENT IN ENGLISH

You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contract et tous les documents connexes soient rédéges en anglais.

GOVERNANCE

This SGI Website is operated and controlled from SGI's offices in California, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the SGI Website and your connection to and use of the SGI Website. Both SGI and You submit to exclusive jurisdiction in California and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Santa Clara County, California.

SGI makes no representation or warranty that any communications or Content on the SGI Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our SGI Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.