Difference between revisions of "License:Watcom-1.0"

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Name Sybase Open Watcom Public License version 1.0
URL http://www.openwatcom.org/index.php/Open Watcom Public License
Comment

License text

The given value "
Open Watcom Public License
[edit]
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.

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 exigé que le présent contrat et tous les documents
connexes soient rédigés 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
http://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."

" contains strip markers and therefore it cannot be parsed sufficiently.
Open Watcom Public License
[edit]
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.

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 exigé que le présent contrat et tous les documents
connexes soient rédigés 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
http://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."





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The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.