| Sybase Open Watcom Public License version 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." |