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