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Revision 1.1 - (show annotations) (download)
Thu May 16 06:36:27 2013 UTC (16 months ago) by slyfox
Branch: MAIN
CVS Tags: HEAD
new @OSI-APPROVED license: Watcom-1.0 (bug #469990)

Added for dev-lang/jwasm package (bug #431706)
License text picked from
    http://opensource.org/licenses/Watcom-1.0

1 The Sybase Open Source Licence (Watcom-1.0)
2
3 USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE")
4 IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN
5 WATCOM PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE
6 THE SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS
7 OF THE LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING
8 (INCLUDING WITHOUT LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING)
9 THE SOFTWARE. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF
10 THE LICENSE, DO NOT USE THE SOFTWARE IN ANY MANNER.
11
12 Sybase Open Watcom Public License version 1.0
13
14 1. General; Definitions. This License applies only to the following
15 software programs: the open source versions of Sybase's Watcom C/C++
16 and Fortran compiler products ("Software"), which are modified versions
17 of, with significant changes from, the last versions made commercially
18 available by Sybase. As used in this License:
19
20 1.1 "Applicable Patent Rights" mean:
21
22 (a) in the case where Sybase is
23 the grantor of rights,
24
25 (i) claims of patents that are now or hereafter
26 acquired, owned by or assigned to Sybase and
27
28 (ii) that cover subject
29 matter contained in the Original Code, but only to the extent necessary to
30 use, reproduce and/or distribute the Original Code without infringement;
31 and
32
33 (b) in the case where You are the grantor of rights,
34
35 (i) claims of
36 patents that are now or hereafter acquired, owned by or assigned to You
37 and
38
39 (ii) that cover subject matter in Your Modifications, taken alone
40 or in combination with Original Code.
41
42 1.2 "Contributor" means any person or entity that creates or contributes
43 to the creation of Modifications.
44
45 1.3 "Covered Code" means the Original Code, Modifications, the combination
46 of Original Code and any Modifications, and/or any respective portions
47 thereof.
48
49 1.4 "Deploy" means to use, sublicense or distribute Covered Code other
50 than for Your internal research and development (R&D) and/or Personal Use,
51 and includes without limitation, any and all internal use or distribution
52 of Covered Code within Your business or organization except for R&D
53 use and/or Personal Use, as well as direct or indirect sublicensing
54 or distribution of Covered Code by You to any third party in any form
55 or manner.
56
57 1.5 "Larger Work" means a work which combines Covered Code or portions
58 thereof with code not governed by the terms of this License.
59
60 1.6 "Modifications" mean any addition to, deletion from, and/or change
61 to, the substance and/or structure of the Original Code, any previous
62 Modifications, the combination of Original Code and any previous
63 Modifications, and/or any respective portions thereof. When code is
64 released as a series of files, a Modification is:
65
66 (a) any addition to
67 or deletion from the contents of a file containing Covered Code; and/or
68
69 (b) any new file or other representation of computer program statements
70 that contains any part of Covered Code.
71
72 1.7 "Original Code" means
73
74 (a) the Source Code of a program or other work
75 as originally made available by Sybase under this License, including the
76 Source Code of any updates or upgrades to such programs or works made
77 available by Sybase under this License, and that has been expressly
78 identified by Sybase as such in the header file(s) of such work; and
79
80 (b) the object code compiled from such Source Code and originally made
81 available by Sybase under this License.
82
83 1.8 "Personal Use" means use of Covered Code by an individual solely for
84 his or her personal, private and non-commercial purposes. An individual's
85 use of Covered Code in his or her capacity as an officer, employee,
86 member, independent contractor or agent of a corporation, business
87 or organization (commercial or non-commercial) does not qualify as
88 Personal Use.
89
90 1.9 "Source Code" means the human readable form of a program or other
91 work that is suitable for making modifications to it, including all
92 modules it contains, plus any associated interface definition files,
93 scripts used to control compilation and installation of an executable
94 (object code).
95
96 1.10 "You" or "Your" means an individual or a legal entity exercising
97 rights under this License. For legal entities, "You" or "Your" includes
98 any entity which controls, is controlled by, or is under common control
99 with, You, where "control" means
100
101 (a) the power, direct or indirect, to
102 cause the direction or management of such entity, whether by contract
103 or otherwise, or
104
105 (b) ownership of fifty percent (50%) or more of the
106 outstanding shares or beneficial ownership of such entity.
107
108 2. Permitted Uses; Conditions & Restrictions.Subject to the terms
109 and conditions of this License, Sybase hereby grants You, effective
110 on the date You accept this License and download the Original Code,
111 a world-wide, royalty-free, non-exclusive license, to the extent of
112 Sybase's Applicable Patent Rights and copyrights covering the Original
113 Code, to do the following:
114
115 2.1 You may use, reproduce, display, perform, modify and distribute
116 Original Code, with or without Modifications, solely for Your internal
117 research and development and/or Personal Use, provided that in each
118 instance:
119
120 (a) You must retain and reproduce in all copies of Original Code the
121 copyright and other proprietary notices and disclaimers of Sybase as
122 they appear in the Original Code, and keep intact all notices in the
123 Original Code that refer to this License; and
124
125 (b) You must retain and reproduce a copy of this License with every
126 copy of Source Code of Covered Code and documentation You distribute,
127 and You may not offer or impose any terms on such Source Code that alter
128 or restrict this License or the recipients' rights hereunder, except as
129 permitted under Section 6.
130
131 (c) Whenever reasonably feasible you should include the copy of this
132 License in a click-wrap format, which requires affirmative acceptance
133 by clicking on an "I accept" button or similar mechanism. If a
134 click-wrap format is not included, you must include a statement that
135 any use (including without limitation reproduction, modification or
136 distribution) of the Software, and any other affirmative act that you
137 define, constitutes acceptance of the License, and instructing the user
138 not to use the Covered Code in any manner if the user does not accept
139 all of the terms and conditions of the License.
140
141 2.2 You may use, reproduce, display, perform, modify and Deploy Covered
142 Code, provided that in each instance:
143
144 (a) You must satisfy all the conditions of Section 2.1 with respect to
145 the Source Code of the Covered Code;
146
147 (b) You must duplicate, to the extent it does not already exist,
148 the notice in Exhibit A in each file of the Source Code of all Your
149 Modifications, and cause the modified files to carry prominent notices
150 stating that You changed the files and the date of any change;
151
152 (c) You must make Source Code of all Your Deployed Modifications publicly
153 available under the terms of this License, including the license grants
154 set forth in Section 3 below, for as long as you Deploy the Covered Code
155 or twelve (12) months from the date of initial Deployment, whichever is
156 longer. You should preferably distribute the Source Code of Your Deployed
157 Modifications electronically (e.g. download from a web site);
158
159 (d) if You Deploy Covered Code in object code, executable form only,
160 You must include a prominent notice, in the code itself as well as in
161 related documentation, stating that Source Code of the Covered Code is
162 available under the terms of this License with information on how and
163 where to obtain such Source Code; and
164
165 (e) the object code form of the Covered Code may be distributed under
166 Your own license agreement, provided that such license agreement contains
167 terms no less protective of Sybase and each Contributor than the terms
168 of this License, and stating that any provisions which differ from this
169 License are offered by You alone and not by any other party.
170
171 2.3 You expressly acknowledge and agree that although Sybase and each
172 Contributor grants the licenses to their respective portions of the
173 Covered Code set forth herein, no assurances are provided by Sybase
174 or any Contributor that the Covered Code does not infringe the patent
175 or other intellectual property rights of any other entity. Sybase and
176 each Contributor disclaim any liability to You for claims brought by
177 any other entity based on infringement of intellectual property rights
178 or otherwise. As a condition to exercising the rights and licenses
179 granted hereunder, You hereby assume sole responsibility to secure any
180 other intellectual property rights needed, if any. For example, if a
181 third party patent license is required to allow You to distribute the
182 Covered Code, it is Your responsibility to acquire that license before
183 distributing the Covered Code.
184
185 3. Your Grants. In consideration of, and as a condition to, the licenses
186 granted to You under this License, You hereby grant to Sybase and all
187 third parties a non-exclusive, royalty-free license, under Your Applicable
188 Patent Rights and other intellectual property rights (other than patent)
189 owned or controlled by You, to use, reproduce, display, perform, modify,
190 distribute and Deploy Your Modifications of the same scope and extent
191 as Sybase's licenses under Sections 2.1 and 2.2.
192
193 4. Larger Works. You may create a Larger Work by combining Covered Code
194 with other code not governed by the terms of this License and distribute
195 the Larger Work as a single product. In each such instance, You must make
196 sure the requirements of this License are fulfilled for the Covered Code
197 or any portion thereof.
198
199 5. Limitations on Patent License. Except as expressly stated in Section
200 2, no other patent rights, express or implied, are granted by Sybase
201 herein. Modifications and/or Larger Works may require additional patent
202 licenses from Sybase which Sybase may grant in its sole discretion.
203
204 6. Additional Terms. You may choose to offer, and to charge a fee for,
205 warranty, support, indemnity or liability obligations and/or other
206 rights consistent with this License ("Additional Terms") to one or
207 more recipients of Covered Code. However, You may do so only on Your
208 own behalf and as Your sole responsibility, and not on behalf of Sybase
209 or any Contributor. You must obtain the recipient's agreement that any
210 such Additional Terms are offered by You alone, and You hereby agree to
211 indemnify, defend and hold Sybase and every Contributor harmless for
212 any liability incurred by or claims asserted against Sybase or such
213 Contributor by reason of any such Additional Terms.
214
215 7. Versions of the License. Sybase may publish revised and/or new
216 versions of this License from time to time. Each version will be given
217 a distinguishing version number. Once Original Code has been published
218 under a particular version of this License, You may continue to use it
219 under the terms of that version. You may also choose to use such Original
220 Code under the terms of any subsequent version of this License published
221 by Sybase. No one other than Sybase has the right to modify the terms
222 applicable to Covered Code created under this License.
223
224 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
225 part pre-release, untested, or not fully tested works. The Covered Code
226 may contain errors that could cause failures or loss of data, and may be
227 incomplete or contain inaccuracies. You expressly acknowledge and agree
228 that use of the Covered Code, or any portion thereof, is at Your sole and
229 entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY,
230 UPGRADES OR SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S)
231 (COLLECTIVELY REFERRED TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8
232 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
233 CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
234 WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
235 OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
236 AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR
237 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED
238 CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
239 REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
240 OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
241 ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE AUTHORIZED
242 REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
243 that the Covered Code is not intended for use in the operation of nuclear
244 facilities, aircraft navigation, communication systems, or air traffic
245 control machines in which case the failure of the Covered Code could lead
246 to death, personal injury, or severe physical or environmental damage.
247
248 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
249 NO EVENT SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT,
250 INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
251 KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY
252 TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
253 OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
254 OR OTHERWISE, EVEN IF SYBASE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE
255 POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
256 PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
257 LIABILITY OF INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND,
258 SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sybase's or
259 any Contributor's total liability to You for all damages (other than as
260 may be required by applicable law) under this License exceed the amount
261 of five hundred dollars ($500.00).
262
263 10. Trademarks. This License does not grant any rights to use the
264 trademarks or trade names "Sybase" or any other trademarks or trade names
265 belonging to Sybase (collectively "Sybase Marks") or to any trademark or
266 trade name belonging to any Contributor("Contributor Marks"). No Sybase
267 Marks or Contributor Marks may be used to endorse or promote products
268 derived from the Original Code or Covered Code other than with the prior
269 written consent of Sybase or the Contributor, as applicable.
270
271 11. Ownership. Subject to the licenses granted under this License,
272 each Contributor retains all rights, title and interest in and to any
273 Modifications made by such Contributor. Sybase retains all rights,
274 title and interest in and to the Original Code and any Modifications
275 made by or on behalf of Sybase ("Sybase Modifications"), and such Sybase
276 Modifications will not be automatically subject to this License. Sybase
277 may, at its sole discretion, choose to license such Sybase Modifications
278 under this License, or on different terms from those contained in this
279 License or may choose not to license them at all.
280
281 12. Termination.
282
283 12.1 Termination. This License and the rights granted hereunder will
284 terminate:
285
286 (a) automatically without notice if You fail to comply with any term(s)
287 of this License and fail to cure such breach within 30 days of becoming
288 aware of such breach;
289
290 (b) immediately in the event of the circumstances described in Section
291 13.5(b); or
292
293 (c) automatically without notice if You, at any time during the term of
294 this License, commence an action for patent infringement (including as
295 a cross claim or counterclaim) against Sybase or any Contributor.
296
297 12.2 Effect of Termination. Upon termination, You agree to immediately
298 stop any further use, reproduction, modification, sublicensing and
299 distribution of the Covered Code and to destroy all copies of the Covered
300 Code that are in your possession or control. All sublicenses to the
301 Covered Code that have been properly granted prior to termination shall
302 survive any termination of this License. Provisions which, by their
303 nature, should remain in effect beyond the termination of this License
304 shall survive, including but not limited to Sections 3, 5, 8, 9, 10,
305 11, 12.2 and 13. No party will be liable to any other for compensation,
306 indemnity or damages of any sort solely as a result of terminating this
307 License in accordance with its terms, and termination of this License
308 will be without prejudice to any other right or remedy of any party.
309
310 13. Miscellaneous.
311
312 13.1 Government End Users. The Covered Code is a "commercial item" as
313 defined in FAR 2.101. Government software and technical data rights in
314 the Covered Code include only those rights customarily provided to the
315 public as defined in this License. This customary commercial license in
316 technical data and software is provided in accordance with FAR 12.211
317 (Technical Data) and 12.212 (Computer Software) and, for Department of
318 Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items)
319 and 227.7202-3 (Rights in Commercial Computer Software or Computer
320 Software Documentation). Accordingly, all U.S. Government End Users
321 acquire Covered Code with only those rights set forth herein.
322
323 13.2 Relationship of Parties. This License will not be construed as
324 creating an agency, partnership, joint venture or any other form of legal
325 association between or among you, Sybase or any Contributor, and You
326 will not represent to the contrary, whether expressly, by implication,
327 appearance or otherwise.
328
329 13.3 Independent Development. Nothing in this License will impair
330 Sybase's or any Contributor's right to acquire, license, develop, have
331 others develop for it, market and/or distribute technology or products
332 that perform the same or similar functions as, or otherwise compete with,
333 Modifications, Larger Works, technology or products that You may develop,
334 produce, market or distribute.
335
336 13.4 Waiver; Construction. Failure by Sybase or any Contributor to
337 enforce any provision of this License will not be deemed a waiver of
338 future enforcement of that or any other provision. Any law or regulation
339 which provides that the language of a contract shall be construed against
340 the drafter will not apply to this License.
341
342 13.5 Severability.
343
344 (a) If for any reason a court of competent
345 jurisdiction finds any provision of this License, or portion thereof,
346 to be unenforceable, that provision of the License will be enforced to
347 the maximum extent permissible so as to effect the economic benefits and
348 intent of the parties, and the remainder of this License will continue in
349 full force and effect.
350
351 (b) Notwithstanding the foregoing, if applicable
352 law prohibits or restricts You from fully and/or specifically complying
353 with Sections 2 and/or 3 or prevents the enforceability of either of
354 those Sections, this License will immediately terminate and You must
355 immediately discontinue any use of the Covered Code and destroy all
356 copies of it that are in your possession or control.
357
358 13.6 Dispute Resolution. Any litigation or other dispute resolution
359 between You and Sybase relating to this License shall take place in the
360 Northern District of California, and You and Sybase hereby consent to
361 the personal jurisdiction of, and venue in, the state and federal courts
362 within that District with respect to this License. The application of
363 the United Nations Convention on Contracts for the International Sale
364 of Goods is expressly excluded.
365
366 13.7 Entire Agreement; Governing Law. This License constitutes the
367 entire agreement between the parties with respect to the subject
368 matter hereof. This License shall be governed by the laws of the United
369 States and the State of California, except that body of California law
370 concerning conflicts of law. Where You are located in the province of
371 Quebec, Canada, the following clause applies: The parties hereby confirm
372 that they have requested that this License and all related documents be
373 drafted in English. Les parties ont exigè que le prèsent contrat et
374 tous les documents connexes soient rèdiès en anglais.
375
376 EXHIBIT A.
377
378 "Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved.
379
380 This file contains Original Code and/or Modifications of Original Code
381 as defined in and that are subject to the Sybase Open Watcom Public
382 License version 1.0 (the 'License'). You may not use this file except
383 in compliance with the License. BY USING THIS FILE YOU AGREE TO ALL
384 TERMS AND CONDITIONS OF THE LICENSE. A copy of the License is provided
385 with the Original Code and Modifications, and is also available at
386 www.sybase.com/developer/opensource.
387
388 The Original Code and all software distributed under the License are
389 distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
390 EXPRESS OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM
391 ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF
392 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
393 OR NON-INFRINGEMENT. Please see the License for the specific language
394 governing rights and limitations under the License."

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