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1 | |||
2 | Sybase Open Watcom Public License version 1.0 | ||
3 | |||
4 | USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") | ||
5 | IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM | ||
6 | PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE | ||
7 | SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE | ||
8 | LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT | ||
9 | LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE. IF YOU DO | ||
10 | NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE | ||
11 | SOFTWARE IN ANY MANNER. | ||
12 | |||
13 | Sybase Open Watcom Public License version 1.0 | ||
14 | 1. General; Definitions. This License applies only to the following software | ||
15 | programs: the open source versions of Sybase's Watcom C/C++ and Fortran | ||
16 | compiler products ("Software"), which are modified versions of, with | ||
17 | significant changes from, the last versions made commercially available by | ||
18 | Sybase. As used in this License: | ||
19 | |||
20 | |||
21 | 1.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is | ||
22 | the grantor of rights, (i) claims of patents that are now or hereafter | ||
23 | acquired, owned by or assigned to Sybase and (ii) that cover subject matter | ||
24 | contained in the Original Code, but only to the extent necessary to use, | ||
25 | reproduce and/or distribute the Original Code without infringement; and (b) in | ||
26 | the case where You are the grantor of rights, (i) claims of patents that are | ||
27 | now or hereafter acquired, owned by or assigned to You and (ii) that cover | ||
28 | subject matter in Your Modifications, taken alone or in combination with | ||
29 | Original Code. | ||
30 | |||
31 | |||
32 | 1.2 "Contributor" means any person or entity that creates or | ||
33 | contributes to the creation of Modifications. | ||
34 | |||
35 | |||
36 | 1.3 "Covered Code" means the Original Code, Modifications, the | ||
37 | combination of Original Code and any Modifications, and/or any respective | ||
38 | portions thereof. | ||
39 | |||
40 | |||
41 | 1.4 "Deploy" means to use, sublicense or distribute Covered Code | ||
42 | other than for Your internal research and development (R&D) and/or Personal | ||
43 | Use, and includes without limitation, any and all internal use or distribution | ||
44 | of Covered Code within Your business or organization except for R&D use | ||
45 | and/or Personal Use, as well as direct or indirect sublicensing or distribution | ||
46 | of Covered Code by You to any third party in any form or manner. | ||
47 | |||
48 | |||
49 | 1.5 "Larger Work" means a work which combines Covered Code or | ||
50 | portions thereof with code not governed by the terms of this License. | ||
51 | |||
52 | |||
53 | 1.6 "Modifications" mean any addition to, deletion from, and/or | ||
54 | change to, the substance and/or structure of the Original Code, any previous | ||
55 | Modifications, the combination of Original Code and any previous Modifications, | ||
56 | and/or any respective portions thereof. When code is released as a series of | ||
57 | files, a Modification is: (a) any addition to or deletion from the contents of | ||
58 | a file containing Covered Code; and/or (b) any new file or other representation | ||
59 | of computer program statements that contains any part of Covered Code. | ||
60 | |||
61 | |||
62 | 1.7 "Original Code" means (a) the Source Code of a program or other | ||
63 | work as originally made available by Sybase under this License, including the | ||
64 | Source Code of any updates or upgrades to such programs or works made available | ||
65 | by Sybase under this License, and that has been expressly identified by Sybase | ||
66 | as such in the header file(s) of such work; and (b) the object code compiled | ||
67 | from such Source Code and originally made available by Sybase under this | ||
68 | License. | ||
69 | |||
70 | |||
71 | 1.8 "Personal Use" means use of Covered Code by an individual solely | ||
72 | for his or her personal, private and non-commercial purposes. An individual's | ||
73 | use of Covered Code in his or her capacity as an officer, employee, member, | ||
74 | independent contractor or agent of a corporation, business or organization | ||
75 | (commercial or non-commercial) does not qualify as Personal Use. | ||
76 | |||
77 | |||
78 | 1.9 "Source Code" means the human readable form of a program or other | ||
79 | work that is suitable for making modifications to it, including all modules it | ||
80 | contains, plus any associated interface definition files, scripts used to | ||
81 | control compilation and installation of an executable (object code). | ||
82 | |||
83 | |||
84 | 1.10 "You" or "Your" means an individual or a legal entity | ||
85 | exercising rights under this License. For legal entities, "You" or | ||
86 | "Your" includes any entity which controls, is controlled by, or is | ||
87 | under common control with, You, where "control" means (a) the power, | ||
88 | direct or indirect, to cause the direction or management of such entity, | ||
89 | whether by contract or otherwise, or (b) ownership of fifty percent (50%) or | ||
90 | more of the outstanding shares or beneficial ownership of such entity. | ||
91 | |||
92 | |||
93 | 2. Permitted Uses; Conditions & Restrictions.Subject to the terms and | ||
94 | conditions of this License, Sybase hereby grants You, effective on the date You | ||
95 | accept this License and download the Original Code, a world-wide, royalty-free, | ||
96 | non-exclusive license, to the extent of Sybase's Applicable Patent Rights and | ||
97 | copyrights covering the Original Code, to do the following: | ||
98 | |||
99 | |||
100 | 2.1 You may use, reproduce, display, perform, modify and distribute Original | ||
101 | Code, with or without Modifications, solely for Your internal research and | ||
102 | development and/or Personal Use, provided that in each instance: | ||
103 | |||
104 | (a) You must retain and reproduce in all copies of Original Code the copyright | ||
105 | and other proprietary notices and disclaimers of Sybase as they appear in the | ||
106 | Original Code, and keep intact all notices in the Original Code that refer to | ||
107 | this License; and | ||
108 | |||
109 | (b) You must retain and reproduce a copy of this License with every copy of | ||
110 | Source Code of Covered Code and documentation You distribute, and You may not | ||
111 | offer or impose any terms on such Source Code that alter or restrict this | ||
112 | License or the recipients' rights hereunder, except as permitted under Section | ||
113 | 6. | ||
114 | |||
115 | (c) Whenever reasonably feasible you should include the copy of this License in | ||
116 | a click-wrap format, which requires affirmative acceptance by clicking on an | ||
117 | "I accept" button or similar mechanism. If a click-wrap format is not | ||
118 | included, you must include a statement that any use (including without | ||
119 | limitation reproduction, modification or distribution) of the Software, and any | ||
120 | other affirmative act that you define, constitutes acceptance of the License, | ||
121 | and instructing the user not to use the Covered Code in any manner if the user | ||
122 | does not accept all of the terms and conditions of the License. | ||
123 | |||
124 | |||
125 | 2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, | ||
126 | provided that in each instance: | ||
127 | |||
128 | (a) You must satisfy all the conditions of Section 2.1 with respect to the | ||
129 | Source Code of the Covered Code; | ||
130 | |||
131 | (b) You must duplicate, to the extent it does not already exist, the notice in | ||
132 | Exhibit A in each file of the Source Code of all Your Modifications, and cause | ||
133 | the modified files to carry prominent notices stating that You changed the | ||
134 | files and the date of any change; | ||
135 | |||
136 | (c) You must make Source Code of all Your Deployed Modifications publicly | ||
137 | available under the terms of this License, including the license grants set | ||
138 | forth in Section 3 below, for as long as you Deploy the Covered Code or twelve | ||
139 | (12) months from the date of initial Deployment, whichever is longer. You | ||
140 | should preferably distribute the Source Code of Your Deployed Modifications | ||
141 | electronically (e.g. download from a web site); | ||
142 | |||
143 | (d) if You Deploy Covered Code in object code, executable form only, You must | ||
144 | include a prominent notice, in the code itself as well as in related | ||
145 | documentation, stating that Source Code of the Covered Code is available under | ||
146 | the terms of this License with information on how and where to obtain such | ||
147 | Source Code; and | ||
148 | |||
149 | (e) the object code form of the Covered Code may be distributed under Your own | ||
150 | license agreement, provided that such license agreement contains terms no less | ||
151 | protective of Sybase and each Contributor than the terms of this License, and | ||
152 | stating that any provisions which differ from this License are offered by You | ||
153 | alone and not by any other party. | ||
154 | |||
155 | |||
156 | 2.3 You expressly acknowledge and agree that although Sybase and each | ||
157 | Contributor grants the licenses to their respective portions of the Covered | ||
158 | Code set forth herein, no assurances are provided by Sybase or any Contributor | ||
159 | that the Covered Code does not infringe the patent or other intellectual | ||
160 | property rights of any other entity. Sybase and each Contributor disclaim any | ||
161 | liability to You for claims brought by any other entity based on infringement | ||
162 | of intellectual property rights or otherwise. As a condition to exercising the | ||
163 | rights and licenses granted hereunder, You hereby assume sole responsibility to | ||
164 | secure any other intellectual property rights needed, if any. For example, if a | ||
165 | third party patent license is required to allow You to distribute the Covered | ||
166 | Code, it is Your responsibility to acquire that license before distributing the | ||
167 | Covered Code. | ||
168 | |||
169 | |||
170 | 3. Your Grants. In consideration of, and as a condition to, the licenses | ||
171 | granted to You under this License, You hereby grant to Sybase and all third | ||
172 | parties a non-exclusive, royalty-free license, under Your Applicable Patent | ||
173 | Rights and other intellectual property rights (other than patent) owned or | ||
174 | controlled by You, to use, reproduce, display, perform, modify, distribute and | ||
175 | Deploy Your Modifications of the same scope and extent as Sybase's licenses | ||
176 | under Sections 2.1 and 2.2. | ||
177 | |||
178 | |||
179 | 4. Larger Works. You may create a Larger Work by combining Covered Code with | ||
180 | other code not governed by the terms of this License and distribute the Larger | ||
181 | Work as a single product. In each such instance, You must make sure the | ||
182 | requirements of this License are fulfilled for the Covered Code or any portion | ||
183 | thereof. | ||
184 | |||
185 | |||
186 | 5. Limitations on Patent License. Except as expressly stated in Section 2, no | ||
187 | other patent rights, express or implied, are granted by Sybase herein. | ||
188 | Modifications and/or Larger Works may require additional patent licenses from | ||
189 | Sybase which Sybase may grant in its sole discretion. | ||
190 | |||
191 | |||
192 | 6. Additional Terms. You may choose to offer, and to charge a fee for, | ||
193 | warranty, support, indemnity or liability obligations and/or other rights | ||
194 | consistent with this License ("Additional Terms") to one or more | ||
195 | recipients of Covered Code. However, You may do so only on Your own behalf and | ||
196 | as Your sole responsibility, and not on behalf of Sybase or any Contributor. | ||
197 | You must obtain the recipient's agreement that any such Additional Terms are | ||
198 | offered by You alone, and You hereby agree to indemnify, defend and hold Sybase | ||
199 | and every Contributor harmless for any liability incurred by or claims asserted | ||
200 | against Sybase or such Contributor by reason of any such Additional Terms. | ||
201 | |||
202 | |||
203 | 7. Versions of the License. Sybase may publish revised and/or new versions of | ||
204 | this License from time to time. Each version will be given a distinguishing | ||
205 | version number. Once Original Code has been published under a particular | ||
206 | version of this License, You may continue to use it under the terms of that | ||
207 | version. You may also choose to use such Original Code under the terms of any | ||
208 | subsequent version of this License published by Sybase. No one other than | ||
209 | Sybase has the right to modify the terms applicable to Covered Code created | ||
210 | under this License. | ||
211 | |||
212 | |||
213 | 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part | ||
214 | pre-release, untested, or not fully tested works. The Covered Code may contain | ||
215 | errors that could cause failures or loss of data, and may be incomplete or | ||
216 | contain inaccuracies. You expressly acknowledge and agree that use of the | ||
217 | Covered Code, or any portion thereof, is at Your sole and entire risk. THE | ||
218 | COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR | ||
219 | SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED | ||
220 | TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL | ||
221 | CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR | ||
222 | IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR | ||
223 | CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A | ||
224 | PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF | ||
225 | THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST | ||
226 | INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS | ||
227 | CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION | ||
228 | OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE | ||
229 | COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN | ||
230 | BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A | ||
231 | WARRANTY. You acknowledge that the Covered Code is not intended for use in the | ||
232 | operation of nuclear facilities, aircraft navigation, communication systems, or | ||
233 | air traffic control machines in which case the failure of the Covered Code | ||
234 | could lead to death, personal injury, or severe physical or environmental | ||
235 | damage. | ||
236 | |||
237 | |||
238 | 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT | ||
239 | SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, | ||
240 | INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING | ||
241 | TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY | ||
242 | PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING | ||
243 | NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH | ||
244 | CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND | ||
245 | NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME | ||
246 | JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR | ||
247 | CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY TO | ||
248 | YOU. In no event shall Sybase's or any Contributor's total liability to You for | ||
249 | all damages (other than as may be required by applicable law) under this | ||
250 | License exceed the amount of five hundred dollars ($500.00). | ||
251 | |||
252 | |||
253 | 10. Trademarks. This License does not grant any rights to use the trademarks or | ||
254 | trade names "Sybase" or any other trademarks or trade names belonging | ||
255 | to Sybase (collectively "Sybase Marks") or to any trademark or trade | ||
256 | name belonging to any Contributor("Contributor Marks"). No Sybase | ||
257 | Marks or Contributor Marks may be used to endorse or promote products derived | ||
258 | from the Original Code or Covered Code other than with the prior written | ||
259 | consent of Sybase or the Contributor, as applicable. | ||
260 | |||
261 | |||
262 | 11. Ownership. Subject to the licenses granted under this License, each | ||
263 | Contributor retains all rights, title and interest in and to any Modifications | ||
264 | made by such Contributor. Sybase retains all rights, title and interest in and | ||
265 | to the Original Code and any Modifications made by or on behalf of Sybase | ||
266 | ("Sybase Modifications"), and such Sybase Modifications will not be | ||
267 | automatically subject to this License. Sybase may, at its sole discretion, | ||
268 | choose to license such Sybase Modifications under this License, or on different | ||
269 | terms from those contained in this License or may choose not to license them at | ||
270 | all. | ||
271 | |||
272 | 12. Termination. | ||
273 | |||
274 | |||
275 | 12.1 Termination. This License and the rights granted hereunder will terminate: | ||
276 | |||
277 | (a) automatically without notice if You fail to comply with any term(s) of this | ||
278 | License and fail to cure such breach within 30 days of becoming aware of such | ||
279 | breach; | ||
280 | |||
281 | (b) immediately in the event of the circumstances described in Section 13.5(b); | ||
282 | or | ||
283 | |||
284 | (c) automatically without notice if You, at any time during the term of this | ||
285 | License, commence an action for patent infringement (including as a cross claim | ||
286 | or counterclaim) against Sybase or any Contributor. | ||
287 | |||
288 | |||
289 | 12.2 Effect of Termination. Upon termination, You agree to immediately stop any | ||
290 | further use, reproduction, modification, sublicensing and distribution of the | ||
291 | Covered Code and to destroy all copies of the Covered Code that are in your | ||
292 | possession or control. All sublicenses to the Covered Code that have been | ||
293 | properly granted prior to termination shall survive any termination of this | ||
294 | License. Provisions which, by their nature, should remain in effect beyond the | ||
295 | termination of this License shall survive, including but not limited to | ||
296 | Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other | ||
297 | for compensation, indemnity or damages of any sort solely as a result of | ||
298 | terminating this License in accordance with its terms, and termination of this | ||
299 | License will be without prejudice to any other right or remedy of any party. | ||
300 | |||
301 | |||
302 | 13. Miscellaneous. | ||
303 | |||
304 | |||
305 | 13.1 Government End Users. The Covered Code is a "commercial item" as | ||
306 | defined in FAR 2.101. Government software and technical data rights in the | ||
307 | Covered Code include only those rights customarily provided to the public as | ||
308 | defined in this License. This customary commercial license in technical data | ||
309 | and software is provided in accordance with FAR 12.211 (Technical Data) and | ||
310 | 12.212 (Computer Software) and, for Department of Defense purchases, DFAR | ||
311 | 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in | ||
312 | Commercial Computer Software or Computer Software Documentation). Accordingly, | ||
313 | all U.S. Government End Users acquire Covered Code with only those rights set | ||
314 | forth herein. | ||
315 | |||
316 | |||
317 | 13.2 Relationship of Parties. This License will not be construed as creating an | ||
318 | agency, partnership, joint venture or any other form of legal association | ||
319 | between or among you, Sybase or any Contributor, and You will not represent to | ||
320 | the contrary, whether expressly, by implication, appearance or otherwise. | ||
321 | |||
322 | |||
323 | 13.3 Independent Development. Nothing in this License will impair Sybase's or | ||
324 | any Contributor's right to acquire, license, develop, have others develop for | ||
325 | it, market and/or distribute technology or products that perform the same or | ||
326 | similar functions as, or otherwise compete with, Modifications, Larger Works, | ||
327 | technology or products that You may develop, produce, market or distribute. | ||
328 | |||
329 | |||
330 | 13.4 Waiver; Construction. Failure by Sybase or any Contributor to enforce any | ||
331 | provision of this License will not be deemed a waiver of future enforcement of | ||
332 | that or any other provision. Any law or regulation which provides that the | ||
333 | language of a contract shall be construed against the drafter will not apply to | ||
334 | this License. | ||
335 | |||
336 | |||
337 | 13.5 Severability. (a) If for any reason a court of competent jurisdiction | ||
338 | finds any provision of this License, or portion thereof, to be unenforceable, | ||
339 | that provision of the License will be enforced to the maximum extent | ||
340 | permissible so as to effect the economic benefits and intent of the parties, | ||
341 | and the remainder of this License will continue in full force and effect. (b) | ||
342 | Notwithstanding the foregoing, if applicable law prohibits or restricts You | ||
343 | from fully and/or specifically complying with Sections 2 and/or 3 or prevents | ||
344 | the enforceability of either of those Sections, this License will immediately | ||
345 | terminate and You must immediately discontinue any use of the Covered Code and | ||
346 | destroy all copies of it that are in your possession or control. | ||
347 | |||
348 | |||
349 | 13.6 Dispute Resolution. Any litigation or other dispute resolution between You | ||
350 | and Sybase relating to this License shall take place in the Northern District | ||
351 | of California, and You and Sybase hereby consent to the personal jurisdiction | ||
352 | of, and venue in, the state and federal courts within that District with | ||
353 | respect to this License. The application of the United Nations Convention on | ||
354 | Contracts for the International Sale of Goods is expressly excluded. | ||
355 | |||
356 | |||
357 | 13.7 Entire Agreement; Governing Law. This License constitutes the entire | ||
358 | agreement between the parties with respect to the subject matter hereof. This | ||
359 | License shall be governed by the laws of the United States and the State of | ||
360 | California, except that body of California law concerning conflicts of law. | ||
361 | Where You are located in the province of Quebec, Canada, the following clause | ||
362 | applies: The parties hereby confirm that they have requested that this License | ||
363 | and all related documents be drafted in English. Les parties ont exigè que le | ||
364 | prèsent contrat et tous les documents connexes soient rèdiès en anglais. | ||
365 | |||
366 | |||
367 | EXHIBIT A. | ||
368 | |||
369 | "Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved. | ||
370 | This file contains Original Code and/or Modifications of Original Code as | ||
371 | defined in and that are subject to the Sybase Open Watcom Public License | ||
372 | version 1.0 (the 'License'). You may not use this file except in compliance | ||
373 | with the License. BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF | ||
374 | THE LICENSE. A copy of the License is provided with the Original Code and | ||
375 | Modifications, and is also available at www.sybase.com/developer/opensource. | ||
376 | |||
377 | The Original Code and all software distributed under the License are | ||
378 | distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS | ||
379 | OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH | ||
380 | WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, | ||
381 | FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please | ||
382 | see the License for the specific language governing rights and limitations | ||
383 | under the License." | ||
384 | |||
385 | |||
386 | |||
387 | |||
388 | |||
389 | |||