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-
-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."
-
-
-
-
-
-