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1
2Sybase Open Watcom Public License version 1.0
3
4USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE")
5IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM
6PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE
7SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE
8LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT
9LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE. IF YOU DO
10NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE
11SOFTWARE IN ANY MANNER.
12
13Sybase Open Watcom Public License version 1.0
141. General; Definitions. This License applies only to the following software
15programs: the open source versions of Sybase's Watcom C/C++ and Fortran
16compiler products ("Software"), which are modified versions of, with
17significant changes from, the last versions made commercially available by
18Sybase. As used in this License:
19
20
211.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is
22the grantor of rights, (i) claims of patents that are now or hereafter
23acquired, owned by or assigned to Sybase and (ii) that cover subject matter
24contained in the Original Code, but only to the extent necessary to use,
25reproduce and/or distribute the Original Code without infringement; and (b) in
26the case where You are the grantor of rights, (i) claims of patents that are
27now or hereafter acquired, owned by or assigned to You and (ii) that cover
28subject matter in Your Modifications, taken alone or in combination with
29Original Code.
30
31
321.2 "Contributor" means any person or entity that creates or
33contributes to the creation of Modifications.
34
35
361.3 "Covered Code" means the Original Code, Modifications, the
37combination of Original Code and any Modifications, and/or any respective
38portions thereof.
39
40
411.4 "Deploy" means to use, sublicense or distribute Covered Code
42other than for Your internal research and development (R&D) and/or Personal
43Use, and includes without limitation, any and all internal use or distribution
44of Covered Code within Your business or organization except for R&D use
45and/or Personal Use, as well as direct or indirect sublicensing or distribution
46of Covered Code by You to any third party in any form or manner.
47
48
491.5 "Larger Work" means a work which combines Covered Code or
50portions thereof with code not governed by the terms of this License.
51
52
531.6 "Modifications" mean any addition to, deletion from, and/or
54change to, the substance and/or structure of the Original Code, any previous
55Modifications, the combination of Original Code and any previous Modifications,
56and/or any respective portions thereof. When code is released as a series of
57files, a Modification is: (a) any addition to or deletion from the contents of
58a file containing Covered Code; and/or (b) any new file or other representation
59of computer program statements that contains any part of Covered Code.
60
61
621.7 "Original Code" means (a) the Source Code of a program or other
63work as originally made available by Sybase under this License, including the
64Source Code of any updates or upgrades to such programs or works made available
65by Sybase under this License, and that has been expressly identified by Sybase
66as such in the header file(s) of such work; and (b) the object code compiled
67from such Source Code and originally made available by Sybase under this
68License.
69
70
711.8 "Personal Use" means use of Covered Code by an individual solely
72for his or her personal, private and non-commercial purposes. An individual's
73use of Covered Code in his or her capacity as an officer, employee, member,
74independent contractor or agent of a corporation, business or organization
75(commercial or non-commercial) does not qualify as Personal Use.
76
77
781.9 "Source Code" means the human readable form of a program or other
79work that is suitable for making modifications to it, including all modules it
80contains, plus any associated interface definition files, scripts used to
81control compilation and installation of an executable (object code).
82
83
841.10 "You" or "Your" means an individual or a legal entity
85exercising rights under this License. For legal entities, "You" or
86"Your" includes any entity which controls, is controlled by, or is
87under common control with, You, where "control" means (a) the power,
88direct or indirect, to cause the direction or management of such entity,
89whether by contract or otherwise, or (b) ownership of fifty percent (50%) or
90more of the outstanding shares or beneficial ownership of such entity.
91
92
932. Permitted Uses; Conditions & Restrictions.Subject to the terms and
94conditions of this License, Sybase hereby grants You, effective on the date You
95accept this License and download the Original Code, a world-wide, royalty-free,
96non-exclusive license, to the extent of Sybase's Applicable Patent Rights and
97copyrights covering the Original Code, to do the following:
98
99
1002.1 You may use, reproduce, display, perform, modify and distribute Original
101Code, with or without Modifications, solely for Your internal research and
102development 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
105and other proprietary notices and disclaimers of Sybase as they appear in the
106Original Code, and keep intact all notices in the Original Code that refer to
107this License; and
108
109(b) You must retain and reproduce a copy of this License with every copy of
110Source Code of Covered Code and documentation You distribute, and You may not
111offer or impose any terms on such Source Code that alter or restrict this
112License or the recipients' rights hereunder, except as permitted under Section
1136.
114
115(c) Whenever reasonably feasible you should include the copy of this License in
116a 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
118included, you must include a statement that any use (including without
119limitation reproduction, modification or distribution) of the Software, and any
120other affirmative act that you define, constitutes acceptance of the License,
121and instructing the user not to use the Covered Code in any manner if the user
122does not accept all of the terms and conditions of the License.
123
124
1252.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
126provided that in each instance:
127
128(a) You must satisfy all the conditions of Section 2.1 with respect to the
129Source Code of the Covered Code;
130
131(b) You must duplicate, to the extent it does not already exist, the notice in
132Exhibit A in each file of the Source Code of all Your Modifications, and cause
133the modified files to carry prominent notices stating that You changed the
134files and the date of any change;
135
136(c) You must make Source Code of all Your Deployed Modifications publicly
137available under the terms of this License, including the license grants set
138forth 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
140should preferably distribute the Source Code of Your Deployed Modifications
141electronically (e.g. download from a web site);
142
143(d) if You Deploy Covered Code in object code, executable form only, You must
144include a prominent notice, in the code itself as well as in related
145documentation, stating that Source Code of the Covered Code is available under
146the terms of this License with information on how and where to obtain such
147Source Code; and
148
149(e) the object code form of the Covered Code may be distributed under Your own
150license agreement, provided that such license agreement contains terms no less
151protective of Sybase and each Contributor than the terms of this License, and
152stating that any provisions which differ from this License are offered by You
153alone and not by any other party.
154
155
1562.3 You expressly acknowledge and agree that although Sybase and each
157Contributor grants the licenses to their respective portions of the Covered
158Code set forth herein, no assurances are provided by Sybase or any Contributor
159that the Covered Code does not infringe the patent or other intellectual
160property rights of any other entity. Sybase and each Contributor disclaim any
161liability to You for claims brought by any other entity based on infringement
162of intellectual property rights or otherwise. As a condition to exercising the
163rights and licenses granted hereunder, You hereby assume sole responsibility to
164secure any other intellectual property rights needed, if any. For example, if a
165third party patent license is required to allow You to distribute the Covered
166Code, it is Your responsibility to acquire that license before distributing the
167Covered Code.
168
169
1703. Your Grants. In consideration of, and as a condition to, the licenses
171granted to You under this License, You hereby grant to Sybase and all third
172parties a non-exclusive, royalty-free license, under Your Applicable Patent
173Rights and other intellectual property rights (other than patent) owned or
174controlled by You, to use, reproduce, display, perform, modify, distribute and
175Deploy Your Modifications of the same scope and extent as Sybase's licenses
176under Sections 2.1 and 2.2.
177
178
1794. Larger Works. You may create a Larger Work by combining Covered Code with
180other code not governed by the terms of this License and distribute the Larger
181Work as a single product. In each such instance, You must make sure the
182requirements of this License are fulfilled for the Covered Code or any portion
183thereof.
184
185
1865. Limitations on Patent License. Except as expressly stated in Section 2, no
187other patent rights, express or implied, are granted by Sybase herein.
188Modifications and/or Larger Works may require additional patent licenses from
189Sybase which Sybase may grant in its sole discretion.
190
191
1926. Additional Terms. You may choose to offer, and to charge a fee for,
193warranty, support, indemnity or liability obligations and/or other rights
194consistent with this License ("Additional Terms") to one or more
195recipients of Covered Code. However, You may do so only on Your own behalf and
196as Your sole responsibility, and not on behalf of Sybase or any Contributor.
197You must obtain the recipient's agreement that any such Additional Terms are
198offered by You alone, and You hereby agree to indemnify, defend and hold Sybase
199and every Contributor harmless for any liability incurred by or claims asserted
200against Sybase or such Contributor by reason of any such Additional Terms.
201
202
2037. Versions of the License. Sybase may publish revised and/or new versions of
204this License from time to time. Each version will be given a distinguishing
205version number. Once Original Code has been published under a particular
206version of this License, You may continue to use it under the terms of that
207version. You may also choose to use such Original Code under the terms of any
208subsequent version of this License published by Sybase. No one other than
209Sybase has the right to modify the terms applicable to Covered Code created
210under this License.
211
212
2138. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
214pre-release, untested, or not fully tested works. The Covered Code may contain
215errors that could cause failures or loss of data, and may be incomplete or
216contain inaccuracies. You expressly acknowledge and agree that use of the
217Covered Code, or any portion thereof, is at Your sole and entire risk. THE
218COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR
219SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED
220TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL
221CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
222IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
223CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
224PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF
225THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
226INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS
227CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
228OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
229COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
230BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A
231WARRANTY. You acknowledge that the Covered Code is not intended for use in the
232operation of nuclear facilities, aircraft navigation, communication systems, or
233air traffic control machines in which case the failure of the Covered Code
234could lead to death, personal injury, or severe physical or environmental
235damage.
236
237
2389. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
239SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL,
240INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING
241TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY
242PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING
243NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH
244CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
245NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
246JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR
247CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY TO
248YOU. In no event shall Sybase's or any Contributor's total liability to You for
249all damages (other than as may be required by applicable law) under this
250License exceed the amount of five hundred dollars ($500.00).
251
252
25310. Trademarks. This License does not grant any rights to use the trademarks or
254trade names "Sybase" or any other trademarks or trade names belonging
255to Sybase (collectively "Sybase Marks") or to any trademark or trade
256name belonging to any Contributor("Contributor Marks"). No Sybase
257Marks or Contributor Marks may be used to endorse or promote products derived
258from the Original Code or Covered Code other than with the prior written
259consent of Sybase or the Contributor, as applicable.
260
261
26211. Ownership. Subject to the licenses granted under this License, each
263Contributor retains all rights, title and interest in and to any Modifications
264made by such Contributor. Sybase retains all rights, title and interest in and
265to the Original Code and any Modifications made by or on behalf of Sybase
266("Sybase Modifications"), and such Sybase Modifications will not be
267automatically subject to this License. Sybase may, at its sole discretion,
268choose to license such Sybase Modifications under this License, or on different
269terms from those contained in this License or may choose not to license them at
270all.
271
27212. Termination.
273
274
27512.1 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
278License and fail to cure such breach within 30 days of becoming aware of such
279breach;
280
281(b) immediately in the event of the circumstances described in Section 13.5(b);
282or
283
284(c) automatically without notice if You, at any time during the term of this
285License, commence an action for patent infringement (including as a cross claim
286or counterclaim) against Sybase or any Contributor.
287
288
28912.2 Effect of Termination. Upon termination, You agree to immediately stop any
290further use, reproduction, modification, sublicensing and distribution of the
291Covered Code and to destroy all copies of the Covered Code that are in your
292possession or control. All sublicenses to the Covered Code that have been
293properly granted prior to termination shall survive any termination of this
294License. Provisions which, by their nature, should remain in effect beyond the
295termination of this License shall survive, including but not limited to
296Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
297for compensation, indemnity or damages of any sort solely as a result of
298terminating this License in accordance with its terms, and termination of this
299License will be without prejudice to any other right or remedy of any party.
300
301
30213. Miscellaneous.
303
304
30513.1 Government End Users. The Covered Code is a "commercial item" as
306defined in FAR 2.101. Government software and technical data rights in the
307Covered Code include only those rights customarily provided to the public as
308defined in this License. This customary commercial license in technical data
309and software is provided in accordance with FAR 12.211 (Technical Data) and
31012.212 (Computer Software) and, for Department of Defense purchases, DFAR
311252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in
312Commercial Computer Software or Computer Software Documentation). Accordingly,
313all U.S. Government End Users acquire Covered Code with only those rights set
314forth herein.
315
316
31713.2 Relationship of Parties. This License will not be construed as creating an
318agency, partnership, joint venture or any other form of legal association
319between or among you, Sybase or any Contributor, and You will not represent to
320the contrary, whether expressly, by implication, appearance or otherwise.
321
322
32313.3 Independent Development. Nothing in this License will impair Sybase's or
324any Contributor's right to acquire, license, develop, have others develop for
325it, market and/or distribute technology or products that perform the same or
326similar functions as, or otherwise compete with, Modifications, Larger Works,
327technology or products that You may develop, produce, market or distribute.
328
329
33013.4 Waiver; Construction. Failure by Sybase or any Contributor to enforce any
331provision of this License will not be deemed a waiver of future enforcement of
332that or any other provision. Any law or regulation which provides that the
333language of a contract shall be construed against the drafter will not apply to
334this License.
335
336
33713.5 Severability. (a) If for any reason a court of competent jurisdiction
338finds any provision of this License, or portion thereof, to be unenforceable,
339that provision of the License will be enforced to the maximum extent
340permissible so as to effect the economic benefits and intent of the parties,
341and the remainder of this License will continue in full force and effect. (b)
342Notwithstanding the foregoing, if applicable law prohibits or restricts You
343from fully and/or specifically complying with Sections 2 and/or 3 or prevents
344the enforceability of either of those Sections, this License will immediately
345terminate and You must immediately discontinue any use of the Covered Code and
346destroy all copies of it that are in your possession or control.
347
348
34913.6 Dispute Resolution. Any litigation or other dispute resolution between You
350and Sybase relating to this License shall take place in the Northern District
351of California, and You and Sybase hereby consent to the personal jurisdiction
352of, and venue in, the state and federal courts within that District with
353respect to this License. The application of the United Nations Convention on
354Contracts for the International Sale of Goods is expressly excluded.
355
356
35713.7 Entire Agreement; Governing Law. This License constitutes the entire
358agreement between the parties with respect to the subject matter hereof. This
359License shall be governed by the laws of the United States and the State of
360California, except that body of California law concerning conflicts of law.
361Where You are located in the province of Quebec, Canada, the following clause
362applies: The parties hereby confirm that they have requested that this License
363and all related documents be drafted in English. Les parties ont exigè que le
364prèsent contrat et tous les documents connexes soient rèdiès en anglais.
365
366
367EXHIBIT A.
368
369"Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved.
370This file contains Original Code and/or Modifications of Original Code as
371defined in and that are subject to the Sybase Open Watcom Public License
372version 1.0 (the 'License'). You may not use this file except in compliance
373with the License. BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF
374THE LICENSE. A copy of the License is provided with the Original Code and
375Modifications, and is also available at www.sybase.com/developer/opensource.
376
377The Original Code and all software distributed under the License are
378distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
379OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH
380WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
381FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please
382see the License for the specific language governing rights and limitations
383under the License."
384
385
386
387
388
389