Sybase Open Watcom Public License - Version 1.0
Author : Sybase
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
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
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
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
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.
13.1 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.
"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."
May 13, 2017 : Sybase Open Watcom Public License - Version 1.0 -- Added to http://www.CopyLeftLicense.com.
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