390 lines
20 KiB
Plaintext
390 lines
20 KiB
Plaintext
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Sybase Open Watcom Public License version 1.0
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USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE")
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IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM
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PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE
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SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE
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LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT
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LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE. IF YOU DO
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NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE
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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
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compiler products ("Software"), which are modified versions of, with
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significant changes from, the last versions made commercially available by
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Sybase. As used in this License:
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1.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is
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the grantor of rights, (i) claims of patents that are now or hereafter
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acquired, owned by or assigned to Sybase and (ii) that cover subject matter
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contained in the Original Code, but only to the extent necessary to use,
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reproduce and/or distribute the Original Code without infringement; and (b) in
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the case where You are the grantor of rights, (i) claims of patents that are
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now or hereafter acquired, owned by or assigned to You and (ii) that cover
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subject matter in Your Modifications, taken alone or in combination with
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Original Code.
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1.2 "Contributor" means any person or entity that creates or
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contributes to the creation of Modifications.
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1.3 "Covered Code" means the Original Code, Modifications, the
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combination of Original Code and any Modifications, and/or any respective
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portions thereof.
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1.4 "Deploy" means to use, sublicense or distribute Covered Code
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other than for Your internal research and development (R&D) and/or Personal
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Use, and includes without limitation, any and all internal use or distribution
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of Covered Code within Your business or organization except for R&D use
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and/or Personal Use, as well as direct or indirect sublicensing or distribution
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of Covered 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
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portions thereof 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
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change to, the substance and/or structure of the Original Code, any previous
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Modifications, the combination of Original Code and any previous Modifications,
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and/or any respective portions thereof. When code is released as a series of
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files, a Modification is: (a) any addition to or deletion from the contents of
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a file containing Covered Code; and/or (b) any new file or other representation
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of 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
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work as originally made available by Sybase under this License, including the
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Source Code of any updates or upgrades to such programs or works made available
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by 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
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License.
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1.8 "Personal Use" means use of Covered Code by an individual solely
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for his or her personal, private and non-commercial purposes. An individual's
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use of Covered Code in his or her capacity as an officer, employee, member,
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independent contractor or agent of a corporation, business or organization
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(commercial 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
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work 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
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exercising rights under this License. For legal entities, "You" or
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"Your" includes any entity which controls, is controlled by, or is
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under common control with, You, where "control" means (a) the power,
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direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of fifty percent (50%) or
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more of the outstanding shares or beneficial ownership of such entity.
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2. Permitted Uses; Conditions & Restrictions.Subject to the terms and
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conditions of this License, Sybase hereby grants You, effective on the date You
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accept this License and download the Original Code, a world-wide, royalty-free,
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non-exclusive license, to the extent of Sybase's Applicable Patent Rights and
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copyrights 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 the
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Original Code, and keep intact all notices in the Original Code that refer to
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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 not
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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 in
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a click-wrap format, which requires affirmative acceptance by clicking on an
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"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
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limitation reproduction, modification or distribution) of the Software, and any
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other affirmative act that you define, constitutes acceptance of the License,
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and 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 in
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Exhibit A in each file of the Source Code of all Your Modifications, and cause
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the modified files to carry prominent notices stating that You changed the
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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
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documentation, stating that Source Code of the Covered Code is available under
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the terms of this License with information on how and where to obtain such
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Source Code; and
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(e) the object code form of the Covered Code may be distributed under Your own
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license agreement, provided that such license agreement contains terms no less
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protective of Sybase and each Contributor than the terms of this License, and
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stating that any provisions which differ from this License are offered by You
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alone and not by any other party.
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2.3 You expressly acknowledge and agree that although Sybase and each
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Contributor grants the licenses to their respective portions of the Covered
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Code set forth herein, no assurances are provided by Sybase or any Contributor
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that the Covered Code does not infringe the patent or other intellectual
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property rights of any other entity. Sybase and each Contributor disclaim any
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liability to You for claims brought by any other entity based on infringement
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of intellectual property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, You hereby assume sole responsibility to
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secure any other intellectual property rights needed, if any. For example, if a
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third party patent license is required to allow You to distribute the Covered
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Code, 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
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granted to You under this License, You hereby grant to Sybase and all third
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parties a non-exclusive, royalty-free license, under Your Applicable Patent
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Rights and other intellectual property rights (other than patent) owned or
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controlled by You, to use, reproduce, display, perform, modify, distribute and
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Deploy Your Modifications of the same scope and extent as Sybase's licenses
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under 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
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requirements of this License are fulfilled for the Covered Code or any portion
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thereof.
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5. Limitations on Patent License. Except as expressly stated in Section 2, no
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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,
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warranty, support, indemnity or liability obligations and/or other rights
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consistent with this License ("Additional Terms") to one or more
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recipients of Covered Code. However, You may do so only on Your own behalf and
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as Your sole responsibility, and not on behalf of Sybase or any Contributor.
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You must obtain the recipient's agreement that any such Additional Terms are
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offered by You alone, and You hereby agree to indemnify, defend and hold Sybase
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and every Contributor harmless for any liability incurred by or claims asserted
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against Sybase or such Contributor by reason of any such Additional Terms.
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7. Versions of the License. Sybase may publish revised and/or new versions of
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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
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version of this License, You may continue to use it under the terms of that
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version. You may also choose to use such Original Code under the terms of any
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subsequent version of this License published by Sybase. No one other than
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Sybase has the right to modify the terms applicable to Covered Code created
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under this 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
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SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED
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TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL
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CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
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CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
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PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF
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THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
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INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS
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CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
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OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
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COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
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BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A
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WARRANTY. You acknowledge that the Covered Code is not intended for use in the
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operation of nuclear facilities, aircraft navigation, communication systems, or
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air traffic control machines in which case the failure of the Covered Code
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could lead to death, personal injury, or severe physical or environmental
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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
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PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING
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NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH
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CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
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NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
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JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR
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CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY TO
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YOU. In no event shall Sybase's or any Contributor's total liability to You for
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all damages (other than as may be required by applicable law) under this
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License exceed the amount of five hundred dollars ($500.00).
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10. Trademarks. This License does not grant any rights to use the trademarks or
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trade names "Sybase" or any other trademarks or trade names belonging
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to Sybase (collectively "Sybase Marks") or to any trademark or trade
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name belonging to any Contributor("Contributor Marks"). No Sybase
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Marks or Contributor Marks may be used to endorse or promote products derived
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from the Original Code or Covered Code other than with the prior written
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consent of Sybase or the Contributor, as applicable.
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11. Ownership. Subject to the licenses granted under this License, each
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Contributor retains all rights, title and interest in and to any Modifications
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made by such Contributor. Sybase retains all rights, title and interest in and
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to the Original Code and any Modifications made by or on behalf of Sybase
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("Sybase Modifications"), and such Sybase Modifications will not be
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automatically subject to this License. Sybase may, at its sole discretion,
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choose to license such Sybase Modifications under this License, or on different
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terms from those contained in this License or may choose not to license them at
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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 this
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License and fail to cure such breach within 30 days of becoming aware of such
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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 claim
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or counterclaim) against Sybase or any Contributor.
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12.2 Effect of Termination. Upon termination, You agree to immediately stop any
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further use, reproduction, modification, sublicensing and distribution of the
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Covered Code and to destroy all copies of the Covered Code that are in your
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possession or control. All sublicenses to the Covered Code that have been
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properly granted prior to termination shall survive any termination of this
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License. Provisions which, by their nature, should remain in effect beyond the
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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
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terminating this License in accordance with its terms, and termination of this
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License 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
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defined in FAR 2.101. Government software and technical data rights in the
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Covered Code include only those rights customarily provided to the public as
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defined in this License. This customary commercial license in technical data
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and software is provided in accordance with FAR 12.211 (Technical Data) and
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12.212 (Computer Software) and, for Department of Defense purchases, DFAR
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252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in
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Commercial Computer Software or Computer Software Documentation). Accordingly,
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all U.S. Government End Users acquire Covered Code with only those rights set
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forth herein.
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13.2 Relationship of Parties. This License will not be construed as creating an
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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 to
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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 or
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any Contributor's right to acquire, license, develop, have others develop for
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it, market and/or distribute technology or products that perform the same or
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similar functions as, or otherwise compete with, Modifications, Larger Works,
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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 any
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provision of this License will not be deemed a waiver of future enforcement of
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that or any other provision. Any law or regulation which provides that the
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language of a contract shall be construed against the drafter will not apply to
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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
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permissible so as to effect the economic benefits and intent of the parties,
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and the remainder of this License will continue in full force and effect. (b)
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Notwithstanding the foregoing, if applicable law prohibits or restricts You
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from fully and/or specifically complying with Sections 2 and/or 3 or prevents
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the enforceability of either of those Sections, this License will immediately
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terminate and You must immediately discontinue any use of the Covered Code and
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destroy all copies of it that are in your possession or control.
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13.6 Dispute Resolution. Any litigation or other dispute resolution between You
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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
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respect to this License. The application of the United Nations Convention on
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Contracts 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 le
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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
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version 1.0 (the 'License'). You may not use this file except in compliance
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with the License. BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF
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THE LICENSE. A copy of the License is provided with the Original Code and
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Modifications, 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
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distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
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OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH
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WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please
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see the License for the specific language governing rights and limitations
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under the License."
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