diff options
Diffstat (limited to 'meta/files/common-licenses/Watcom-1')
-rw-r--r-- | meta/files/common-licenses/Watcom-1 | 389 |
1 files changed, 389 insertions, 0 deletions
diff --git a/meta/files/common-licenses/Watcom-1 b/meta/files/common-licenses/Watcom-1 new file mode 100644 index 0000000000..ab43464796 --- /dev/null +++ b/meta/files/common-licenses/Watcom-1 @@ -0,0 +1,389 @@ + +Sybase Open Watcom Public License version 1.0 + +USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") +IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM +PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE +SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE +LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT +LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE. IF YOU DO +NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE +SOFTWARE IN ANY MANNER. + +Sybase Open Watcom Public License version 1.0 +1. General; Definitions. This License applies only to the following software +programs: the open source versions of Sybase's Watcom C/C++ and Fortran +compiler products ("Software"), which are modified versions of, with +significant changes from, the last versions made commercially available by +Sybase. As used in this License: + + +1.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is +the grantor of rights, (i) claims of patents that are now or hereafter +acquired, owned by or assigned to Sybase and (ii) that cover subject matter +contained in the Original Code, but only to the extent necessary to use, +reproduce and/or distribute the Original Code without infringement; and (b) in +the case where You are the grantor of rights, (i) claims of patents that are +now or hereafter acquired, owned by or assigned to You and (ii) that cover +subject matter in Your Modifications, taken alone or in combination with +Original Code. + + +1.2 "Contributor" means any person or entity that creates or +contributes to the creation of Modifications. + + +1.3 "Covered Code" means the Original Code, Modifications, the +combination of Original Code and any Modifications, and/or any respective +portions thereof. + + +1.4 "Deploy" means to use, sublicense or distribute Covered Code +other than for Your internal research and development (R&D) and/or Personal +Use, and includes without limitation, any and all internal use or distribution +of Covered Code within Your business or organization except for R&D use +and/or Personal Use, as well as direct or indirect sublicensing or distribution +of Covered Code by You to any third party in any form or manner. + + +1.5 "Larger Work" means a work which combines Covered Code or +portions thereof with code not governed by the terms of this License. + + +1.6 "Modifications" mean any addition to, deletion from, and/or +change to, the substance and/or structure of the Original Code, any previous +Modifications, the combination of Original Code and any previous Modifications, +and/or any respective portions thereof. When code is released as a series of +files, a Modification is: (a) any addition to or deletion from the contents of +a file containing Covered Code; and/or (b) any new file or other representation +of computer program statements that contains any part of Covered Code. + + +1.7 "Original Code" means (a) the Source Code of a program or other +work as originally made available by Sybase under this License, including the +Source Code of any updates or upgrades to such programs or works made available +by Sybase under this License, and that has been expressly identified by Sybase +as such in the header file(s) of such work; and (b) the object code compiled +from such Source Code and originally made available by Sybase under this +License. + + +1.8 "Personal Use" means use of Covered Code by an individual solely +for his or her personal, private and non-commercial purposes. An individual's +use of Covered Code in his or her capacity as an officer, employee, member, +independent contractor or agent of a corporation, business or organization +(commercial or non-commercial) does not qualify as Personal Use. + + +1.9 "Source Code" means the human readable form of a program or other +work that is suitable for making modifications to it, including all modules it +contains, plus any associated interface definition files, scripts used to +control compilation and installation of an executable (object code). + + +1.10 "You" or "Your" means an individual or a legal entity +exercising rights under this License. For legal entities, "You" or +"Your" includes any entity which controls, is controlled by, or is +under common control with, You, where "control" means (a) the power, +direct or indirect, to cause the direction or management of such entity, +whether by contract or otherwise, or (b) ownership of fifty percent (50%) or +more of the outstanding shares or beneficial ownership of such entity. + + +2. Permitted Uses; Conditions & Restrictions.Subject to the terms and +conditions of this License, Sybase hereby grants You, effective on the date You +accept this License and download the Original Code, a world-wide, royalty-free, +non-exclusive license, to the extent of Sybase's Applicable Patent Rights and +copyrights covering the Original Code, to do the following: + + +2.1 You may use, reproduce, display, perform, modify and distribute Original +Code, with or without Modifications, solely for Your internal research and +development and/or Personal Use, provided that in each instance: + +(a) You must retain and reproduce in all copies of Original Code the copyright +and other proprietary notices and disclaimers of Sybase as they appear in the +Original Code, and keep intact all notices in the Original Code that refer to +this License; and + +(b) You must retain and reproduce a copy of this License with every copy of +Source Code of Covered Code and documentation You distribute, and You may not +offer or impose any terms on such Source Code that alter or restrict this +License or the recipients' rights hereunder, except as permitted under Section +6. + +(c) Whenever reasonably feasible you should include the copy of this License in +a click-wrap format, which requires affirmative acceptance by clicking on an +"I accept" button or similar mechanism. If a click-wrap format is not +included, you must include a statement that any use (including without +limitation reproduction, modification or distribution) of the Software, and any +other affirmative act that you define, constitutes acceptance of the License, +and instructing the user not to use the Covered Code in any manner if the user +does not accept all of the terms and conditions of the License. + + +2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, +provided that in each instance: + +(a) You must satisfy all the conditions of Section 2.1 with respect to the +Source Code of the Covered Code; + +(b) You must duplicate, to the extent it does not already exist, the notice in +Exhibit A in each file of the Source Code of all Your Modifications, and cause +the modified files to carry prominent notices stating that You changed the +files and the date of any change; + +(c) You must make Source Code of all Your Deployed Modifications publicly +available under the terms of this License, including the license grants set +forth in Section 3 below, for as long as you Deploy the Covered Code or twelve +(12) months from the date of initial Deployment, whichever is longer. You +should preferably distribute the Source Code of Your Deployed Modifications +electronically (e.g. download from a web site); + +(d) if You Deploy Covered Code in object code, executable form only, You must +include a prominent notice, in the code itself as well as in related +documentation, stating that Source Code of the Covered Code is available under +the terms of this License with information on how and where to obtain such +Source Code; and + +(e) the object code form of the Covered Code may be distributed under Your own +license agreement, provided that such license agreement contains terms no less +protective of Sybase and each Contributor than the terms of this License, and +stating that any provisions which differ from this License are offered by You +alone and not by any other party. + + +2.3 You expressly acknowledge and agree that although Sybase and each +Contributor grants the licenses to their respective portions of the Covered +Code set forth herein, no assurances are provided by Sybase or any Contributor +that the Covered Code does not infringe the patent or other intellectual +property rights of any other entity. Sybase and each Contributor disclaim any +liability to You for claims brought by any other entity based on infringement +of intellectual property rights or otherwise. As a condition to exercising the +rights and licenses granted hereunder, You hereby assume sole responsibility to +secure any other intellectual property rights needed, if any. For example, if a +third party patent license is required to allow You to distribute the Covered +Code, it is Your responsibility to acquire that license before distributing the +Covered Code. + + +3. Your Grants. In consideration of, and as a condition to, the licenses +granted to You under this License, You hereby grant to Sybase and all third +parties a non-exclusive, royalty-free license, under Your Applicable Patent +Rights and other intellectual property rights (other than patent) owned or +controlled by You, to use, reproduce, display, perform, modify, distribute and +Deploy Your Modifications of the same scope and extent as Sybase's licenses +under Sections 2.1 and 2.2. + + +4. Larger Works. You may create a Larger Work by combining Covered Code with +other code not governed by the terms of this License and distribute the Larger +Work as a single product. In each such instance, You must make sure the +requirements of this License are fulfilled for the Covered Code or any portion +thereof. + + +5. Limitations on Patent License. Except as expressly stated in Section 2, no +other patent rights, express or implied, are granted by Sybase herein. +Modifications and/or Larger Works may require additional patent licenses from +Sybase which Sybase may grant in its sole discretion. + + +6. Additional Terms. You may choose to offer, and to charge a fee for, +warranty, support, indemnity or liability obligations and/or other rights +consistent with this License ("Additional Terms") to one or more +recipients of Covered Code. However, You may do so only on Your own behalf and +as Your sole responsibility, and not on behalf of Sybase or any Contributor. +You must obtain the recipient's agreement that any such Additional Terms are +offered by You alone, and You hereby agree to indemnify, defend and hold Sybase +and every Contributor harmless for any liability incurred by or claims asserted +against Sybase or such Contributor by reason of any such Additional Terms. + + +7. Versions of the License. Sybase may publish revised and/or new versions of +this License from time to time. Each version will be given a distinguishing +version number. Once Original Code has been published under a particular +version of this License, You may continue to use it under the terms of that +version. You may also choose to use such Original Code under the terms of any +subsequent version of this License published by Sybase. No one other than +Sybase has the right to modify the terms applicable to Covered Code created +under this License. + + +8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part +pre-release, untested, or not fully tested works. The Covered Code may contain +errors that could cause failures or loss of data, and may be incomplete or +contain inaccuracies. You expressly acknowledge and agree that use of the +Covered Code, or any portion thereof, is at Your sole and entire risk. THE +COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR +SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED +TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL +CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR +IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR +CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A +PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF +THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST +INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS +CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION +OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE +COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN +BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A +WARRANTY. You acknowledge that the Covered Code is not intended for use in the +operation of nuclear facilities, aircraft navigation, communication systems, or +air traffic control machines in which case the failure of the Covered Code +could lead to death, personal injury, or severe physical or environmental +damage. + + +9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT +SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, +INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING +TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY +PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING +NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH +CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND +NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME +JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR +CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY TO +YOU. In no event shall Sybase's or any Contributor's total liability to You for +all damages (other than as may be required by applicable law) under this +License exceed the amount of five hundred dollars ($500.00). + + +10. Trademarks. This License does not grant any rights to use the trademarks or +trade names "Sybase" or any other trademarks or trade names belonging +to Sybase (collectively "Sybase Marks") or to any trademark or trade +name belonging to any Contributor("Contributor Marks"). No Sybase +Marks or Contributor Marks may be used to endorse or promote products derived +from the Original Code or Covered Code other than with the prior written +consent of Sybase or the Contributor, as applicable. + + +11. Ownership. Subject to the licenses granted under this License, each +Contributor retains all rights, title and interest in and to any Modifications +made by such Contributor. Sybase retains all rights, title and interest in and +to the Original Code and any Modifications made by or on behalf of Sybase +("Sybase Modifications"), and such Sybase Modifications will not be +automatically subject to this License. Sybase may, at its sole discretion, +choose to license such Sybase Modifications under this License, or on different +terms from those contained in this License or may choose not to license them at +all. + +12. Termination. + + +12.1 Termination. This License and the rights granted hereunder will terminate: + +(a) automatically without notice if You fail to comply with any term(s) of this +License and fail to cure such breach within 30 days of becoming aware of such +breach; + +(b) immediately in the event of the circumstances described in Section 13.5(b); +or + +(c) automatically without notice if You, at any time during the term of this +License, commence an action for patent infringement (including as a cross claim +or counterclaim) against Sybase or any Contributor. + + +12.2 Effect of Termination. Upon termination, You agree to immediately stop any +further use, reproduction, modification, sublicensing and distribution of the +Covered Code and to destroy all copies of the Covered Code that are in your +possession or control. All sublicenses to the Covered Code that have been +properly granted prior to termination shall survive any termination of this +License. Provisions which, by their nature, should remain in effect beyond the +termination of this License shall survive, including but not limited to +Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other +for compensation, indemnity or damages of any sort solely as a result of +terminating this License in accordance with its terms, and termination of this +License will be without prejudice to any other right or remedy of any party. + + +13. Miscellaneous. + + +13.1 Government End Users. The Covered Code is a "commercial item" as +defined in FAR 2.101. Government software and technical data rights in the +Covered Code include only those rights customarily provided to the public as +defined in this License. This customary commercial license in technical data +and software is provided in accordance with FAR 12.211 (Technical Data) and +12.212 (Computer Software) and, for Department of Defense purchases, DFAR +252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in +Commercial Computer Software or Computer Software Documentation). Accordingly, +all U.S. Government End Users acquire Covered Code with only those rights set +forth herein. + + +13.2 Relationship of Parties. This License will not be construed as creating an +agency, partnership, joint venture or any other form of legal association +between or among you, Sybase or any Contributor, and You will not represent to +the contrary, whether expressly, by implication, appearance or otherwise. + + +13.3 Independent Development. Nothing in this License will impair Sybase's or +any Contributor's right to acquire, license, develop, have others develop for +it, market and/or distribute technology or products that perform the same or +similar functions as, or otherwise compete with, Modifications, Larger Works, +technology or products that You may develop, produce, market or distribute. + + +13.4 Waiver; Construction. Failure by Sybase or any Contributor to enforce any +provision of this License will not be deemed a waiver of future enforcement of +that or any other provision. Any law or regulation which provides that the +language of a contract shall be construed against the drafter will not apply to +this License. + + +13.5 Severability. (a) If for any reason a court of competent jurisdiction +finds any provision of this License, or portion thereof, to be unenforceable, +that provision of the License will be enforced to the maximum extent +permissible so as to effect the economic benefits and intent of the parties, +and the remainder of this License will continue in full force and effect. (b) +Notwithstanding the foregoing, if applicable law prohibits or restricts You +from fully and/or specifically complying with Sections 2 and/or 3 or prevents +the enforceability of either of those Sections, this License will immediately +terminate and You must immediately discontinue any use of the Covered Code and +destroy all copies of it that are in your possession or control. + + +13.6 Dispute Resolution. Any litigation or other dispute resolution between You +and Sybase relating to this License shall take place in the Northern District +of California, and You and Sybase hereby consent to the personal jurisdiction +of, and venue in, the state and federal courts within that District with +respect to this License. The application of the United Nations Convention on +Contracts for the International Sale of Goods is expressly excluded. + + +13.7 Entire Agreement; Governing Law. This License constitutes the entire +agreement between the parties with respect to the subject matter hereof. This +License shall be governed by the laws of the United States and the State of +California, except that body of California law concerning conflicts of law. +Where You are located in the province of Quebec, Canada, the following clause +applies: The parties hereby confirm that they have requested that this License +and all related documents be drafted in English. Les parties ont exigè que le +prèsent contrat et tous les documents connexes soient rèdiès en anglais. + + +EXHIBIT A. + +"Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved. +This file contains Original Code and/or Modifications of Original Code as +defined in and that are subject to the Sybase Open Watcom Public License +version 1.0 (the 'License'). You may not use this file except in compliance +with the License. BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF +THE LICENSE. A copy of the License is provided with the Original Code and +Modifications, and is also available at www.sybase.com/developer/opensource. + +The Original Code and all software distributed under the License are +distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS +OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH +WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, +FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please +see the License for the specific language governing rights and limitations +under the License." + + + + + + |