Sybase Open Watcom Public License version 1.0

USE OF _ SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") _ SUBJECT _ THE TERMS _ CONDITIONS SET FORTH IN _ SYBASE OPEN WATCOM PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE _ SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT _ TERMS _ CONDITIONS OF _ LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT LIMITATION BY REPRODUCING, MODIFYING _ DISTRIBUTING) _ SOFTWARE. IF YOU DO NOT ACCEPT ALL OF _ TERMS _ CONDITIONS OF _ LICENSE, DO NOT USE _ SOFTWARE IN ANY MANNER.

1. General; Definitions. This License applies only _ the following software programs: _ open source versions of Sybase's Watcom C/C++ _ Fortran compiler products ("Software"), which are modified versions of, with significant changes from, _ last versions made commercially available by Sybase. As used in this License:

1.1 "Applicable Patent Rights" mean: (a) in _ case where Sybase _ the grantor of rights, (i) claims of patents that are now _ hereafter acquired, owned by _ assigned _ Sybase _ (ii) that cover subject matter contained in _ Original Code, but only _ the extent necessary _ use, reproduce and/or distribute _ Original Code without infringement; _ (b) in _ case where You are _ grantor of rights, (i) claims of patents that are now _ hereafter acquired, owned by _ assigned _ You _ (ii) that cover subject matter in Your Modifications, taken alone _ in combination with Original Code.

1.2 "Contributor" means any person _ entity that creates _ contributes _ the creation of Modifications.

1.3 "Covered Code" means _ Original Code, Modifications, _ combination of Original Code _ any Modifications, and/or any respective portions thereof.

1.4 "Deploy" means _ use, sublicense _ distribute Covered Code other than for Your internal research _ development (R&D) and/or Personal Use, _ includes without limitation, any _ all internal use _ distribution of Covered Code within Your business _ organization except for R&D use and/or Personal Use, as well as direct _ indirect sublicensing _ distribution of Covered Code by You _ any third party in any form _ manner.

1.5 "Larger Work" means a work which combines Covered Code _ portions thereof with code not governed by _ terms of this License.

1.6 "Modifications" mean any addition to, deletion from, and/or change to, _ substance and/or structure of _ Original Code, any previous Modifications, _ combination of Original Code _ any previous Modifications, and/or any respective portions thereof. When code _ released as a series of files, a Modification is: (a) any addition _ or deletion from _ contents of a file containing Covered Code; and/or (b) any new file _ other representation of computer program statements that contains any part of Covered Code.

1.7 "Original Code" means (a) _ Source Code of a program _ other work as originally made available by Sybase under this License, including _ Source Code of any updates _ upgrades _ such programs _ works made available by Sybase under this License, _ that has been expressly identified by Sybase as such in _ header file(s) of such work; _ (b) _ object code compiled from such Source Code _ originally made available by Sybase under this License.

1.8 "Personal Use" means use of Covered Code by an individual solely for his _ her personal, private _ non-commercial purposes. An individual's use of Covered Code in his _ her capacity as an officer, employee, member, independent contractor _ agent of a corporation, business _ organization (commercial _ non-commercial) does not qualify as Personal Use.

1.9 "Source Code" means _ human readable form of a program _ other work that _ suitable for making modifications _ it, including all modules it contains, plus any associated interface definition files, scripts used _ control compilation _ installation of an executable (object code).

1.10 "You" _ "Your" means an individual _ a legal entity exercising rights under this License. For legal entities, "You" _ "Your" includes any entity which controls, _ controlled by, _ is under common control with, You, where "control" means (a) _ power, direct _ indirect, _ cause _ direction _ management of such entity, whether by contract _ otherwise, _ (b) ownership of fifty percent (50%) _ more of _ outstanding shares _ beneficial ownership of such entity.

2. Permitted Uses; Conditions & Restrictions.Subject _ the terms _ conditions of this License, Sybase hereby grants You, effective _ the date You accept this License _ download _ Original Code, a world-wide, royalty-free, non-exclusive license, _ the extent of Sybase's Applicable Patent Rights _ copyrights covering _ Original Code, _ do _ following:

2.1 You may use, reproduce, display, perform, modify _ distribute Original Code, with _ without Modifications, solely for Your internal research _ development and/or Personal Use, provided that in each instance:

(a) You must retain _ reproduce in all copies of Original Code _ copyright _ other proprietary notices _ disclaimers of Sybase as they appear in _ Original Code, _ keep intact all notices in _ Original Code that refer _ this License; _

(b) You must retain _ reproduce a copy of this License with every copy of Source Code of Covered Code _ documentation You distribute, _ You may not offer _ impose any terms _ such Source Code that alter _ restrict this License _ the recipients' rights hereunder, except as permitted under Section 6.

(c) Whenever reasonably feasible you should include _ copy of this License in a click-wrap format, which requires affirmative acceptance by clicking _ an "I accept" button _ similar mechanism. If a click-wrap format _ not included, you must include a statement that any use (including without limitation reproduction, modification _ distribution) of _ Software, _ any other affirmative act that you define, constitutes acceptance of _ License, _ instructing _ user not _ use _ Covered Code in any manner if _ user does not accept all of _ terms _ conditions of _ License.

2.2 You may use, reproduce, display, perform, modify _ Deploy Covered Code, provided that in each instance:

(a) You must satisfy all _ conditions of Section 2.1 with respect _ the Source Code of _ Covered Code;

(b) You must duplicate, _ the extent it does not already exist, _ notice in Exhibit A in each file of _ Source Code of all Your Modifications, _ cause _ modified files _ carry prominent notices stating that You changed _ files _ the date of any change;

(c) You must make Source Code of all Your Deployed Modifications publicly available under _ terms of this License, including _ license grants set forth in Section 3 below, for as long as you Deploy _ Covered Code _ twelve (12) months from _ date of initial Deployment, whichever _ longer. You should preferably distribute _ 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 _ code itself as well as in related documentation, stating that Source Code of _ Covered Code _ available under _ terms of this License with information _ how _ where _ obtain such Source Code; _

(e) _ object code form of _ Covered Code may be distributed under Your own license agreement, provided that such license agreement contains terms no less protective of Sybase _ each Contributor than _ terms of this License, _ stating that any provisions which differ from this License are offered by You alone _ not by any other party.

2.3 You expressly acknowledge _ agree that although Sybase _ each Contributor grants _ licenses _ their respective portions of _ Covered Code set forth herein, no assurances are provided by Sybase _ any Contributor that _ Covered Code does not infringe _ patent _ other intellectual property rights of any other entity. Sybase _ each Contributor disclaim any liability _ You for claims brought by any other entity based _ infringement of intellectual property rights _ otherwise. As a condition _ exercising _ rights _ licenses granted hereunder, You hereby assume sole responsibility _ secure any other intellectual property rights needed, if any. For example, if a third party patent license _ required _ allow You _ distribute _ Covered Code, it _ Your responsibility _ acquire that license before distributing _ Covered Code.

3. Your Grants. In consideration of, _ as a condition to, _ licenses granted _ You under this License, You hereby grant _ Sybase _ all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights _ other intellectual property rights (other than patent) owned _ controlled by You, _ use, reproduce, display, perform, modify, distribute _ Deploy Your Modifications of _ same scope _ extent as Sybase's licenses under Sections 2.1 _ 2.2.

4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by _ terms of this License _ distribute _ Larger Work as a single product. In each such instance, You must make sure _ requirements of this License are fulfilled for _ Covered Code _ any portion thereof.

5. Limitations _ Patent License. Except as expressly stated in Section 2, no other patent rights, express _ 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 _ offer, _ to charge a fee for, warranty, support, indemnity _ liability obligations and/or other rights consistent with this License ("Additional Terms") _ one _ more recipients of Covered Code. However, You may do so only _ Your own behalf _ as Your sole responsibility, _ not _ behalf of Sybase _ any Contributor. You must obtain _ recipient's agreement that any such Additional Terms are offered by You alone, _ You hereby agree _ indemnify, defend _ hold Sybase _ every Contributor harmless for any liability incurred by _ claims asserted against Sybase _ such Contributor by reason of any such Additional Terms.

7. Versions of _ License. Sybase may publish revised and/or new versions of this License from time _ 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 _ use it under _ terms of that version. You may also choose _ use such Original Code under _ terms of any subsequent version of this License published by Sybase. No one other than Sybase has _ right _ modify _ terms applicable _ Covered Code created under this License.

8. NO WARRANTY _ SUPPORT. _ Covered Code may contain in whole _ in part pre-release, untested, _ not fully tested works. _ Covered Code may contain errors that could cause failures _ loss of data, _ may be incomplete _ contain inaccuracies. You expressly acknowledge _ agree that use of _ Covered Code, _ any portion thereof, _ at Your sole _ entire risk. _ COVERED CODE _ PROVIDED "AS IS" _ WITHOUT WARRANTY, UPGRADES _ SUPPORT OF ANY KIND _ SYBASE _ SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED _ AS "SYBASE" FOR _ PURPOSES OF SECTIONS 8 _ 9) _ ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS _ IMPLIED, INCLUDING, BUT NOT LIMITED TO, _ IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, _ NONINFRINGEMENT OF THIRD PARTY RIGHTS. SYBASE _ EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF _ COVERED CODE, THAT _ FUNCTIONS CONTAINED IN _ COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT _ OPERATION OF _ COVERED CODE WILL BE UNINTERRUPTED _ ERROR-FREE, _ THAT DEFECTS IN _ COVERED CODE WILL BE CORRECTED. NO ORAL _ WRITTEN INFORMATION _ ADVICE GIVEN BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE _ ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that _ Covered Code _ not intended for use in _ operation of nuclear facilities, aircraft navigation, communication systems, _ air traffic control machines in which case _ failure of _ Covered Code could lead _ death, personal injury, _ severe physical _ environmental damage.

9. LIMITATION OF LIABILITY. _ THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SYBASE _ ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL _ OTHER DAMAGES OF ANY KIND ARISING OUT OF _ RELATING _ THIS LICENSE _ YOUR USE _ INABILITY _ USE _ COVERED CODE, _ ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY _ OTHERWISE, EVEN IF SYBASE _ SUCH CONTRIBUTOR HAS BEEN ADVISED OF _ POSSIBILITY OF SUCH DAMAGES, _ NOTWITHSTANDING _ FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW _ LIMITATION OF LIABILITY OF INCIDENTAL _ CONSEQUENTIAL _ OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY _ YOU. In no event shall Sybase's _ any Contributor's total liability _ You for all damages (other than as may be required by applicable law) under this License exceed _ amount of five hundred dollars ($500.00).

10. Trademarks. This License does not grant any rights _ use _ trademarks _ trade names "Sybase" _ any other trademarks _ trade names belonging _ Sybase (collectively "Sybase Marks") _ to any trademark _ trade name belonging _ any Contributor("Contributor Marks"). No Sybase Marks _ Contributor Marks may be used _ endorse _ promote products derived from _ Original Code _ Covered Code other than with _ prior written consent of Sybase _ the Contributor, as applicable.

11. Ownership. Subject _ the licenses granted under this License, each Contributor retains all rights, title _ interest in _ to any Modifications made by such Contributor. Sybase retains all rights, title _ interest in _ to _ Original Code _ any Modifications made by _ on behalf of Sybase ("Sybase Modifications"), _ such Sybase Modifications will not be automatically subject _ this License. Sybase may, at its sole discretion, choose _ license such Sybase Modifications under this License, _ on different terms from those contained in this License _ may choose not _ license them at all.

12. Termination.

12.1 Termination. This License _ the rights granted hereunder will terminate:

(a) automatically without notice if You fail _ comply with any term(s) of this License _ fail _ cure such breach within 30 days of becoming aware of such breach;

(b) immediately in _ event of _ circumstances described in Section 13.5(b); or

(c) automatically without notice if You, at any time during _ term of this License, commence an action for patent infringement (including as a cross claim _ counterclaim) against Sybase _ any Contributor.

12.2 Effect of Termination. Upon termination, You agree _ immediately stop any further use, reproduction, modification, sublicensing _ distribution of _ Covered Code _ to destroy all copies of _ Covered Code that are in your possession _ control. All sublicenses _ the Covered Code that have been properly granted prior _ termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond _ termination of this License shall survive, including but not limited _ Sections 3, 5, 8, 9, 10, 11, 12.2 _ 13. No party will be liable _ any other for compensation, indemnity _ damages of any sort solely as a result of terminating this License in accordance with its terms, _ termination of this License will be without prejudice _ any other right _ remedy of any party.

13. Miscellaneous.

13.1 Government End Users. _ Covered Code _ a "commercial item" as defined in FAR 2.101. Government software _ technical data rights in _ Covered Code include only those rights customarily provided _ the public as defined in this License. This customary commercial license in technical data _ software _ provided in accordance with FAR 12.211 (Technical Data) _ 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) _ 227.7202-3 (Rights in Commercial Computer Software _ 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 _ any other form of legal association between _ among you, Sybase _ any Contributor, _ You will not represent _ the contrary, whether expressly, by implication, appearance _ otherwise.

13.3 Independent Development. Nothing in this License will impair Sybase's _ any Contributor's right _ acquire, license, develop, have others develop for it, market and/or distribute technology _ products that perform _ same _ similar functions as, _ otherwise compete with, Modifications, Larger Works, technology _ products that You may develop, produce, market _ distribute.

13.4 Waiver; Construction. Failure by Sybase _ any Contributor _ enforce any provision of this License will not be deemed a waiver of future enforcement of that _ any other provision. Any law _ regulation which provides that _ language of a contract shall be construed against _ drafter will not apply _ this License.

13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, _ portion thereof, _ be unenforceable, that provision of _ License will be enforced _ the maximum extent permissible so as _ effect _ economic benefits _ intent of _ parties, _ the remainder of this License will continue in full force _ effect. (b) Notwithstanding _ foregoing, if applicable law prohibits _ restricts You from fully and/or specifically complying with Sections 2 and/or 3 _ prevents _ enforceability of either of those Sections, this License will immediately terminate _ You must immediately discontinue any use of _ Covered Code _ destroy all copies of it that are in your possession _ control.

13.6 Dispute Resolution. Any litigation _ other dispute resolution between You _ Sybase relating _ this License shall take place in _ Northern District of California, _ You _ Sybase hereby consent _ the personal jurisdiction of, _ venue in, _ state _ federal courts within that District with respect _ this License. _ application of _ United Nations Convention _ Contracts for _ International Sale of Goods _ expressly excluded.

13.7 Entire Agreement; Governing Law. This License constitutes _ entire agreement between _ parties with respect _ the subject matter hereof. This License shall be governed by _ laws of _ United States _ the State of California, except that body of California law concerning conflicts of law.
Where You are located in _ province of Quebec, Canada, _ following clause applies: _ parties hereby confirm that they have requested that this License _ 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 _ that are subject _ the Sybase Open Watcom Public License version 1.0 (the 'License'). You may not use this file except in compliance with _ License. BY USING THIS FILE YOU AGREE _ ALL TERMS _ CONDITIONS OF _ LICENSE. A copy of _ License _ provided with _ Original Code _ Modifications, _ is also available at www.sybase.com/developer/opensource. _ Original Code _ all software distributed under _ License are distributed _ an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS _ IMPLIED, _ SYBASE _ ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT _ NON-INFRINGEMENT. Please see _ License for _ specific language governing rights _ limitations under _ License."

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