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diff --git a/licenses/Watcom-1.0 b/licenses/Watcom-1.0 new file mode 100644 index 000000000..e7c7f20d4 --- /dev/null +++ b/licenses/Watcom-1.0 @@ -0,0 +1,394 @@ +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." |