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Gentoo's Bugzilla – Attachment 161568 Details for
Bug 233097
ebuild for openwatcom
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Sybase Open Watcom Public License version 1.0
OWPL-1 (text/plain), 20.29 KB, created by
Andrey Valyaev
on 2008-07-28 19:28:41 UTC
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Description:
Sybase Open Watcom Public License version 1.0
Filename:
MIME Type:
Creator:
Andrey Valyaev
Created:
2008-07-28 19:28:41 UTC
Size:
20.29 KB
patch
obsolete
>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 >exige que le present contrat et tous les documents connexes soient rediges 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." >
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Attachments on
bug 233097
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161462
| 161568 |
161574
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206293
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206649
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305281
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315245
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321816