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-The Sybase Open Source Licence (Watcom-1.0)
-
-USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE")
-IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN
-WATCOM PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE
-THE SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS
-OF THE LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING
-(INCLUDING WITHOUT LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING)
-THE SOFTWARE. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF
-THE LICENSE, DO NOT USE THE SOFTWARE IN ANY MANNER.
-
-Sybase Open Watcom Public License version 1.0
-
-1. General; Definitions. This License applies only to the following
-software programs: the open source versions of Sybase's Watcom C/C++
-and Fortran compiler products ("Software"), which are modified versions
-of, with significant changes from, the last versions made commercially
-available by Sybase. As used in this License:
-
-1.1 "Applicable Patent Rights" mean:
-
-(a) in the case where Sybase is
-the grantor of rights,
-
-(i) claims of patents that are now or hereafter
-acquired, owned by or assigned to Sybase and
-
-(ii) that cover subject
-matter contained in the Original Code, but only to the extent necessary to
-use, reproduce and/or distribute the Original Code without infringement;
-and
-
-(b) in the case where You are the grantor of rights,
-
-(i) claims of
-patents that are now or hereafter acquired, owned by or assigned to You
-and
-
-(ii) that cover subject matter in Your Modifications, taken alone
-or in combination with Original Code.
-
-1.2 "Contributor" means any person or entity that creates or contributes
-to the creation of Modifications.
-
-1.3 "Covered Code" means the Original Code, Modifications, the combination
-of Original Code and any Modifications, and/or any respective portions
-thereof.
-
-1.4 "Deploy" means to use, sublicense or distribute Covered Code other
-than for Your internal research and development (R&D) and/or Personal Use,
-and includes without limitation, any and all internal use or distribution
-of Covered Code within Your business or organization except for R&D
-use and/or Personal Use, as well as direct or indirect sublicensing
-or distribution of Covered Code by You to any third party in any form
-or manner.
-
-1.5 "Larger Work" means a work which combines Covered Code or portions
-thereof with code not governed by the terms of this License.
-
-1.6 "Modifications" mean any addition to, deletion from, and/or change
-to, the substance and/or structure of the Original Code, any previous
-Modifications, the combination of Original Code and any previous
-Modifications, and/or any respective portions thereof. When code is
-released as a series of files, a Modification is:
-
-(a) any addition to
-or deletion from the contents of a file containing Covered Code; and/or
-
-(b) any new file or other representation of computer program statements
-that contains any part of Covered Code.
-
-1.7 "Original Code" means
-
-(a) the Source Code of a program or other work
-as originally made available by Sybase under this License, including the
-Source Code of any updates or upgrades to such programs or works made
-available by Sybase under this License, and that has been expressly
-identified by Sybase as such in the header file(s) of such work; and
-
-(b) the object code compiled from such Source Code and originally made
-available by Sybase under this License.
-
-1.8 "Personal Use" means use of Covered Code by an individual solely for
-his or her personal, private and non-commercial purposes. An individual's
-use of Covered Code in his or her capacity as an officer, employee,
-member, independent contractor or agent of a corporation, business
-or organization (commercial or non-commercial) does not qualify as
-Personal Use.
-
-1.9 "Source Code" means the human readable form of a program or other
-work that is suitable for making modifications to it, including all
-modules it contains, plus any associated interface definition files,
-scripts used to control compilation and installation of an executable
-(object code).
-
-1.10 "You" or "Your" means an individual or a legal entity exercising
-rights under this License. For legal entities, "You" or "Your" includes
-any entity which controls, is controlled by, or is under common control
-with, You, where "control" means
-
-(a) the power, direct or indirect, to
-cause the direction or management of such entity, whether by contract
-or otherwise, or
-
-(b) ownership of fifty percent (50%) or more of the
-outstanding shares or beneficial ownership of such entity.
-
-2. Permitted Uses; Conditions & Restrictions.Subject to the terms
-and conditions of this License, Sybase hereby grants You, effective
-on the date You accept this License and download the Original Code,
-a world-wide, royalty-free, non-exclusive license, to the extent of
-Sybase's Applicable Patent Rights and copyrights covering the Original
-Code, to do the following:
-
-2.1 You may use, reproduce, display, perform, modify and distribute
-Original Code, with or without Modifications, solely for Your internal
-research and development and/or Personal Use, provided that in each
-instance:
-
-(a) You must retain and reproduce in all copies of Original Code the
-copyright and other proprietary notices and disclaimers of Sybase as
-they appear in the Original Code, and keep intact all notices in the
-Original Code that refer to this License; and
-
-(b) You must retain and reproduce a copy of this License with every
-copy of Source Code of Covered Code and documentation You distribute,
-and You may not offer or impose any terms on such Source Code that alter
-or restrict this License or the recipients' rights hereunder, except as
-permitted under Section 6.
-
-(c) Whenever reasonably feasible you should include the copy of this
-License in a click-wrap format, which requires affirmative acceptance
-by clicking on an "I accept" button or similar mechanism. If a
-click-wrap format is not included, you must include a statement that
-any use (including without limitation reproduction, modification or
-distribution) of the Software, and any other affirmative act that you
-define, constitutes acceptance of the License, and instructing the user
-not to use the Covered Code in any manner if the user does not accept
-all of the terms and conditions of the License.
-
-2.2 You may use, reproduce, display, perform, modify and Deploy Covered
-Code, provided that in each instance:
-
-(a) You must satisfy all the conditions of Section 2.1 with respect to
-the Source Code of the Covered Code;
-
-(b) You must duplicate, to the extent it does not already exist,
-the notice in Exhibit A in each file of the Source Code of all Your
-Modifications, and cause the modified files to carry prominent notices
-stating that You changed the files and the date of any change;
-
-(c) You must make Source Code of all Your Deployed Modifications publicly
-available under the terms of this License, including the license grants
-set forth in Section 3 below, for as long as you Deploy the Covered Code
-or twelve (12) months from the date of initial Deployment, whichever is
-longer. You should preferably distribute the Source Code of Your Deployed
-Modifications electronically (e.g. download from a web site);
-
-(d) if You Deploy Covered Code in object code, executable form only,
-You must include a prominent notice, in the code itself as well as in
-related documentation, stating that Source Code of the Covered Code is
-available under the terms of this License with information on how and
-where to obtain such Source Code; and
-
-(e) the object code form of the Covered Code may be distributed under
-Your own license agreement, provided that such license agreement contains
-terms no less protective of Sybase and each Contributor than the terms
-of this License, and stating that any provisions which differ from this
-License are offered by You alone and not by any other party.
-
-2.3 You expressly acknowledge and agree that although Sybase and each
-Contributor grants the licenses to their respective portions of the
-Covered Code set forth herein, no assurances are provided by Sybase
-or any Contributor that the Covered Code does not infringe the patent
-or other intellectual property rights of any other entity. Sybase and
-each Contributor disclaim any liability to You for claims brought by
-any other entity based on infringement of intellectual property rights
-or otherwise. As a condition to exercising the rights and licenses
-granted hereunder, You hereby assume sole responsibility to secure any
-other intellectual property rights needed, if any. For example, if a
-third party patent license is required to allow You to distribute the
-Covered Code, it is Your responsibility to acquire that license before
-distributing the Covered Code.
-
-3. Your Grants. In consideration of, and as a condition to, the licenses
-granted to You under this License, You hereby grant to Sybase and all
-third parties a non-exclusive, royalty-free license, under Your Applicable
-Patent Rights and other intellectual property rights (other than patent)
-owned or controlled by You, to use, reproduce, display, perform, modify,
-distribute and Deploy Your Modifications of the same scope and extent
-as Sybase's licenses under Sections 2.1 and 2.2.
-
-4. Larger Works. You may create a Larger Work by combining Covered Code
-with other code not governed by the terms of this License and distribute
-the Larger Work as a single product. In each such instance, You must make
-sure the requirements of this License are fulfilled for the Covered Code
-or any portion thereof.
-
-5. Limitations on Patent License. Except as expressly stated in Section
-2, no other patent rights, express or implied, are granted by Sybase
-herein. Modifications and/or Larger Works may require additional patent
-licenses from Sybase which Sybase may grant in its sole discretion.
-
-6. Additional Terms. You may choose to offer, and to charge a fee for,
-warranty, support, indemnity or liability obligations and/or other
-rights consistent with this License ("Additional Terms") to one or
-more recipients of Covered Code. However, You may do so only on Your
-own behalf and as Your sole responsibility, and not on behalf of Sybase
-or any Contributor. You must obtain the recipient's agreement that any
-such Additional Terms are offered by You alone, and You hereby agree to
-indemnify, defend and hold Sybase and every Contributor harmless for
-any liability incurred by or claims asserted against Sybase or such
-Contributor by reason of any such Additional Terms.
-
-7. Versions of the License. Sybase may publish revised and/or new
-versions of this License from time to time. Each version will be given
-a distinguishing version number. Once Original Code has been published
-under a particular version of this License, You may continue to use it
-under the terms of that version. You may also choose to use such Original
-Code under the terms of any subsequent version of this License published
-by Sybase. No one other than Sybase has the right to modify the terms
-applicable to Covered Code created under this License.
-
-8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
-part pre-release, untested, or not fully tested works. The Covered Code
-may contain errors that could cause failures or loss of data, and may be
-incomplete or contain inaccuracies. You expressly acknowledge and agree
-that use of the Covered Code, or any portion thereof, is at Your sole and
-entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY,
-UPGRADES OR SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S)
-(COLLECTIVELY REFERRED TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8
-AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
-CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
-WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
-OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
-AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR
-DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED
-CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
-REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
-OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
-ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE AUTHORIZED
-REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
-that the Covered Code is not intended for use in the operation of nuclear
-facilities, aircraft navigation, communication systems, or air traffic
-control machines in which case the failure of the Covered Code could lead
-to death, personal injury, or severe physical or environmental damage.
-
-9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
-NO EVENT SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT,
-INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
-KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY
-TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
-OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
-OR OTHERWISE, EVEN IF SYBASE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
-PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
-LIABILITY OF INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND,
-SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sybase's or
-any Contributor's total liability to You for all damages (other than as
-may be required by applicable law) under this License exceed the amount
-of five hundred dollars ($500.00).
-
-10. Trademarks. This License does not grant any rights to use the
-trademarks or trade names "Sybase" or any other trademarks or trade names
-belonging to Sybase (collectively "Sybase Marks") or to any trademark or
-trade name belonging to any Contributor("Contributor Marks"). No Sybase
-Marks or Contributor Marks may be used to endorse or promote products
-derived from the Original Code or Covered Code other than with the prior
-written consent of Sybase or the Contributor, as applicable.
-
-11. Ownership. Subject to the licenses granted under this License,
-each Contributor retains all rights, title and interest in and to any
-Modifications made by such Contributor. Sybase retains all rights,
-title and interest in and to the Original Code and any Modifications
-made by or on behalf of Sybase ("Sybase Modifications"), and such Sybase
-Modifications will not be automatically subject to this License. Sybase
-may, at its sole discretion, choose to license such Sybase Modifications
-under this License, or on different terms from those contained in this
-License or may choose not to license them at all.
-
-12. Termination.
-
-12.1 Termination. This License and the rights granted hereunder will
-terminate:
-
-(a) automatically without notice if You fail to comply with any term(s)
-of this License and fail to cure such breach within 30 days of becoming
-aware of such breach;
-
-(b) immediately in the event of the circumstances described in Section
-13.5(b); or
-
-(c) automatically without notice if You, at any time during the term of
-this License, commence an action for patent infringement (including as
-a cross claim or counterclaim) against Sybase or any Contributor.
-
-12.2 Effect of Termination. Upon termination, You agree to immediately
-stop any further use, reproduction, modification, sublicensing and
-distribution of the Covered Code and to destroy all copies of the Covered
-Code that are in your possession or control. All sublicenses to the
-Covered Code that have been properly granted prior to termination shall
-survive any termination of this License. Provisions which, by their
-nature, should remain in effect beyond the termination of this License
-shall survive, including but not limited to Sections 3, 5, 8, 9, 10,
-11, 12.2 and 13. No party will be liable to any other for compensation,
-indemnity or damages of any sort solely as a result of terminating this
-License in accordance with its terms, and termination of this License
-will be without prejudice to any other right or remedy of any party.
-
-13. Miscellaneous.
-
-13.1 Government End Users. The Covered Code is a "commercial item" as
-defined in FAR 2.101. Government software and technical data rights in
-the Covered Code include only those rights customarily provided to the
-public as defined in this License. This customary commercial license in
-technical data and software is provided in accordance with FAR 12.211
-(Technical Data) and 12.212 (Computer Software) and, for Department of
-Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items)
-and 227.7202-3 (Rights in Commercial Computer Software or Computer
-Software Documentation). Accordingly, all U.S. Government End Users
-acquire Covered Code with only those rights set forth herein.
-
-13.2 Relationship of Parties. This License will not be construed as
-creating an agency, partnership, joint venture or any other form of legal
-association between or among you, Sybase or any Contributor, and You
-will not represent to the contrary, whether expressly, by implication,
-appearance or otherwise.
-
-13.3 Independent Development. Nothing in this License will impair
-Sybase's or any Contributor's right to acquire, license, develop, have
-others develop for it, market and/or distribute technology or products
-that perform the same or similar functions as, or otherwise compete with,
-Modifications, Larger Works, technology or products that You may develop,
-produce, market or distribute.
-
-13.4 Waiver; Construction. Failure by Sybase or any Contributor to
-enforce any provision of this License will not be deemed a waiver of
-future enforcement of that or any other provision. Any law or regulation
-which provides that the language of a contract shall be construed against
-the drafter will not apply to this License.
-
-13.5 Severability.
-
-(a) If for any reason a court of competent
-jurisdiction finds any provision of this License, or portion thereof,
-to be unenforceable, that provision of the License will be enforced to
-the maximum extent permissible so as to effect the economic benefits and
-intent of the parties, and the remainder of this License will continue in
-full force and effect.
-
-(b) Notwithstanding the foregoing, if applicable
-law prohibits or restricts You from fully and/or specifically complying
-with Sections 2 and/or 3 or prevents the enforceability of either of
-those Sections, this License will immediately terminate and You must
-immediately discontinue any use of the Covered Code and destroy all
-copies of it that are in your possession or control.
-
-13.6 Dispute Resolution. Any litigation or other dispute resolution
-between You and Sybase relating to this License shall take place in the
-Northern District of California, and You and Sybase hereby consent to
-the personal jurisdiction of, and venue in, the state and federal courts
-within that District with respect to this License. The application of
-the United Nations Convention on Contracts for the International Sale
-of Goods is expressly excluded.
-
-13.7 Entire Agreement; Governing Law. This License constitutes the
-entire agreement between the parties with respect to the subject
-matter hereof. This License shall be governed by the laws of the United
-States and the State of California, except that body of California law
-concerning conflicts of law. Where You are located in the province of
-Quebec, Canada, the following clause applies: The parties hereby confirm
-that they have requested that this License and all related documents be
-drafted in English. Les parties ont exigè que le prèsent contrat et
-tous les documents connexes soient rèdiès en anglais.
-
-EXHIBIT A.
-
-"Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved.
-
-This file contains Original Code and/or Modifications of Original Code
-as defined in and that are subject to the Sybase Open Watcom Public
-License version 1.0 (the 'License'). You may not use this file except
-in compliance with the License. BY USING THIS FILE YOU AGREE TO ALL
-TERMS AND CONDITIONS OF THE LICENSE. A copy of the License is provided
-with the Original Code and Modifications, and is also available at
-www.sybase.com/developer/opensource.
-
-The Original Code and all software distributed under the License are
-distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
-EXPRESS OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM
-ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF
-MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
-OR NON-INFRINGEMENT. Please see the License for the specific language
-governing rights and limitations under the License."