source: licenses/OWPL-1 @ f864723

Revision f864723, 20.3 KB checked in by geos_one <geos_one@…>, 11 years ago (diff)

add kde tools

git-svn-id: https://svn.disconnected-by-peer.at/svn/linamh/trunk/linamh@903 6952d904-891a-0410-993b-d76249ca496b

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1USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") IS SUBJECT
2TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM PUBLIC LICENSE
3SET FORTH BELOW ("LICENSE").  YOU MAY NOT USE THE SOFTWARE IN ANY MANNER
4UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE.  YOU INDICATE YOUR
5ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT LIMITATION BY
6REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE.  IF YOU DO NOT ACCEPT
7ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE SOFTWARE IN ANY
8MANNER.
9
10Sybase Open Watcom Public License version 1.0
11
121. General; Definitions.  This License applies only to the following software
13programs:  the open source versions of Sybase's Watcom C/C++ and Fortran
14compiler products ("Software"), which are modified versions of, with
15significant changes from, the last versions made commercially available by
16Sybase.  As used in this License:
17
181.1 "Applicable Patent Rights" mean:  (a) in the case where Sybase is the
19grantor of rights, (i) claims of patents that are now or hereafter acquired,
20owned by or assigned to Sybase and (ii) that cover subject matter contained in
21the Original Code, but only to the extent necessary to use, reproduce and/or
22distribute the Original Code without infringement; and (b) in the case where
23You are the grantor of rights, (i) claims of patents that are now or hereafter
24acquired, owned by or assigned to You and (ii) that cover subject matter in
25Your Modifications, taken alone or in combination with Original Code.
26
271.2 "Contributor" means any person or entity that creates or contributes to
28the creation of Modifications.
29
301.3 "Covered Code" means the Original Code, Modifications, the combination of
31Original Code and any Modifications, and/or any respective portions thereof.
32
331.4 "Deploy" means to use, sublicense or distribute Covered Code other than
34for Your internal research and development (R&D) and/or Personal Use, and
35includes without limitation, any and all internal use or distribution of
36Covered Code within Your business or organization except for R&D use and/or
37Personal Use, as well as direct or indirect sublicensing or distribution of
38Covered Code by You to any third party in any form or manner.
39
401.5 "Larger Work" means a work which combines Covered Code or portions thereof
41with code not governed by the terms of this License.
42
431.6 "Modifications" mean any addition to, deletion from, and/or change to, the
44substance and/or structure of the Original Code, any previous Modifications,
45the combination of Original Code and any previous Modifications, and/or any
46respective portions thereof.  When code is released as a series of files, a
47Modification is:  (a) any addition to or deletion from the contents of a file
48containing Covered Code; and/or (b) any new file or other representation of
49computer program statements that contains any part of Covered Code.
50
511.7 "Original Code" means (a) the Source Code of a program or other work as
52originally made available by Sybase under this License, including the Source
53Code of any updates or upgrades to such programs or works made available by
54Sybase under this License, and that has been expressly identified by Sybase as
55such in the header file(s) of such work; and (b) the object code compiled from
56such Source Code and originally made available by Sybase under this License.
57
581.8 "Personal Use" means use of Covered Code by an individual solely for his
59or her personal, private and non-commercial purposes.  An individual's use of
60Covered Code in his or her capacity as an officer, employee, member,
61independent contractor or agent of a corporation, business or organization
62(commercial or non-commercial) does not qualify as Personal Use.
63
641.9 "Source Code" means the human readable form of a program or other work
65that is suitable for making modifications to it, including all modules it
66contains, plus any associated interface definition files, scripts used to
67control compilation and installation of an executable (object code).
68
691.10 "You" or "Your" means an individual or a legal entity exercising rights
70under this License.  For legal entities, "You" or "Your" includes any entity
71which controls, is controlled by, or is under common control with, You, where
72"control" means (a) the power, direct or indirect, to cause the direction or
73management of such entity, whether by contract or otherwise, or (b) ownership
74of fifty percent (50%) or more of the outstanding shares or beneficial
75ownership of such entity.
76
772. Permitted Uses; Conditions & Restrictions.Subject to the terms and
78conditions of this License, Sybase hereby grants You, effective on the date
79You accept this License and download the Original Code, a world-wide,
80royalty-free, non-exclusive license, to the extent of Sybase's Applicable
81Patent Rights and copyrights covering the Original Code, to do the following:
82
832.1 You may use, reproduce, display, perform, modify and distribute Original
84Code, with or without Modifications, solely for Your internal research and
85development and/or Personal Use, provided that in each instance:
86
87(a) You must retain and reproduce in all copies of Original Code the copyright
88and other proprietary notices and disclaimers of Sybase as they appear in the
89Original Code, and keep intact all notices in the Original Code that refer to
90this License; and
91
92(b) You must retain and reproduce a copy of this License with every copy of
93Source Code of Covered Code and documentation You distribute, and You may not
94offer or impose any terms on such Source Code that alter or restrict this
95License or the recipients' rights hereunder, except as permitted under
96Section 6.
97
98(c) Whenever reasonably feasible you should include the copy of this License
99in a click-wrap format, which requires affirmative acceptance by clicking on
100an "I accept" button or similar mechanism.  If a click-wrap format is not
101included, you must include a statement that any use (including without
102limitation reproduction, modification or distribution) of the Software, and
103any other affirmative act that you define, constitutes acceptance of the
104License, and instructing the user not to use the Covered Code in any manner if
105the user does not accept all of the terms and conditions of the License.
106
1072.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
108provided that in each instance:
109
110(a) You must satisfy all the conditions of Section 2.1 with respect to the
111Source Code of the Covered Code;
112
113(b) You must duplicate, to the extent it does not already exist, the notice in
114Exhibit A in each file of the Source Code of all Your Modifications, and cause
115the modified files to carry prominent notices stating that You changed the
116files and the date of any change;
117
118(c) You must make Source Code of all Your Deployed Modifications publicly
119available under the terms of this License, including the license grants set
120forth in Section 3 below, for as long as you Deploy the Covered Code or twelve
121(12) months from the date of initial Deployment, whichever is longer.  You
122should preferably distribute the Source Code of Your Deployed Modifications
123electronically (e.g.  download from a web site);
124
125(d) if You Deploy Covered Code in object code, executable form only, You must
126include a prominent notice, in the code itself as well as in related
127documentation, stating that Source Code of the Covered Code is available under
128the terms of this License with information on how and where to obtain such
129Source Code; and
130
131(e) the object code form of the Covered Code may be distributed under Your own
132license agreement, provided that such license agreement contains terms no less
133protective of Sybase and each Contributor than the terms of this License, and
134stating that any provisions which differ from this License are offered by You
135alone and not by any other party.
136
1372.3 You expressly acknowledge and agree that although Sybase and each
138Contributor grants the licenses to their respective portions of the Covered
139Code set forth herein, no assurances are provided by Sybase or any Contributor
140that the Covered Code does not infringe the patent or other intellectual
141property rights of any other entity.  Sybase and each Contributor disclaim any
142liability to You for claims brought by any other entity based on infringement
143of intellectual property rights or otherwise.  As a condition to exercising
144the rights and licenses granted hereunder, You hereby assume sole
145responsibility to secure any other intellectual property rights needed, if
146any.  For example, if a third party patent license is required to allow You to
147distribute the Covered Code, it is Your responsibility to acquire that license
148before distributing the Covered Code.
149
1503. Your Grants.  In consideration of, and as a condition to, the licenses
151granted to You under this License, You hereby grant to Sybase and all third
152parties a non-exclusive, royalty-free license, under Your Applicable Patent
153Rights and other intellectual property rights (other than patent) owned or
154controlled by You, to use, reproduce, display, perform, modify, distribute and
155Deploy Your Modifications of the same scope and extent as Sybase's licenses
156under Sections 2.1 and 2.2.
157
1584. Larger Works.  You may create a Larger Work by combining Covered Code with
159other code not governed by the terms of this License and distribute the Larger
160Work as a single product.  In each such instance, You must make sure the
161requirements of this License are fulfilled for the Covered Code or any portion
162thereof.
163
1645. Limitations on Patent License.  Except as expressly stated in Section 2, no
165other patent rights, express or implied, are granted by Sybase herein.
166Modifications and/or Larger Works may require additional patent licenses from
167Sybase which Sybase may grant in its sole discretion.
168
1696. Additional Terms.  You may choose to offer, and to charge a fee for,
170warranty, support, indemnity or liability obligations and/or other rights
171consistent with this License ("Additional Terms") to one or more recipients of
172Covered Code.  However, You may do so only on Your own behalf and as Your sole
173responsibility, and not on behalf of Sybase or any Contributor.  You must
174obtain the recipient's agreement that any such Additional Terms are offered by
175You alone, and You hereby agree to indemnify, defend and hold Sybase and every
176Contributor harmless for any liability incurred by or claims asserted against
177Sybase or such Contributor by reason of any such Additional Terms.
178
1797. Versions of the License.  Sybase may publish revised and/or new versions of
180this License from time to time.  Each version will be given a distinguishing
181version number.  Once Original Code has been published under a particular
182version of this License, You may continue to use it under the terms of that
183version.  You may also choose to use such Original Code under the terms of any
184subsequent version of this License published by Sybase.  No one other than
185Sybase has the right to modify the terms applicable to Covered Code created
186under this License.
187
1888. NO WARRANTY OR SUPPORT.  The Covered Code may contain in whole or in part
189pre-release, untested, or not fully tested works.  The Covered Code may
190contain errors that could cause failures or loss of data, and may be
191incomplete or contain inaccuracies.  You expressly acknowledge and agree that
192use of the Covered Code, or any portion thereof, is at Your sole and entire
193risk.  THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR
194SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED
195TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS
196EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
197INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
198MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
199OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
200SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
201ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED
202CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL
203BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE
204CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE
205AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.  You
206acknowledge that the Covered Code is not intended for use in the operation of
207nuclear facilities, aircraft navigation, communication systems, or air traffic
208control machines in which case the failure of the Covered Code could lead to
209death, personal injury, or severe physical or environmental damage.
210
2119. LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
212SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL,
213INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR
214RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
215ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT
216(INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR
217SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
218NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  SOME
219JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR
220CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY
221TO YOU.  In no event shall Sybase's or any Contributor's total liability to
222You for all damages (other than as may be required by applicable law) under
223this License exceed the amount of five hundred dollars ($500.00).
224
22510.  Trademarks.  This License does not grant any rights to use the trademarks
226or trade names "Sybase" or any other trademarks or trade names belonging to
227Sybase (collectively "Sybase Marks") or to any trademark or trade name
228belonging to any Contributor("Contributor Marks").  No Sybase Marks or
229Contributor Marks may be used to endorse or promote products derived from the
230Original Code or Covered Code other than with the prior written consent of
231Sybase or the Contributor, as applicable.
232
23311.  Ownership.  Subject to the licenses granted under this License, each
234Contributor retains all rights, title and interest in and to any Modifications
235made by such Contributor.  Sybase retains all rights, title and interest in
236and to the Original Code and any Modifications made by or on behalf of Sybase
237("Sybase Modifications"), and such Sybase Modifications will not be
238automatically subject to this License.  Sybase may, at its sole discretion,
239choose to license such Sybase Modifications under this License, or on
240different terms from those contained in this License or may choose not to
241license them at all.
242
24312.  Termination.
244
24512.1 Termination.  This License and the rights granted hereunder will
246terminate:
247
248(a) automatically without notice if You fail to comply with any term(s) of
249this License and fail to cure such breach within 30 days of becoming aware of
250such breach;
251
252(b) immediately in the event of the circumstances described in Section
25313.5(b); or
254
255(c) automatically without notice if You, at any time during the term of this
256License, commence an action for patent infringement (including as a cross
257claim or counterclaim) against Sybase or any Contributor.
258
25912.2 Effect of Termination.  Upon termination, You agree to immediately stop
260any further use, reproduction, modification, sublicensing and distribution of
261the Covered Code and to destroy all copies of the Covered Code that are in
262your possession or control.  All sublicenses to the Covered Code that have
263been properly granted prior to termination shall survive any termination of
264this License.  Provisions which, by their nature, should remain in effect
265beyond the termination of this License shall survive, including but not
266limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13.  No party will be liable
267to any other for compensation, indemnity or damages of any sort solely as a
268result of terminating this License in accordance with its terms, and
269termination of this License will be without prejudice to any other right or
270remedy of any party.
271
27213.  Miscellaneous.
273
27413.1 Government End Users.  The Covered Code is a "commercial item" as defined
275in FAR 2.101.  Government software and technical data rights in the Covered
276Code include only those rights customarily provided to the public as defined
277in this License.  This customary commercial license in technical data and
278software is provided in accordance with FAR 12.211 (Technical Data) and 12.212
279(Computer Software) and, for Department of Defense purchases, DFAR
280252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in
281Commercial Computer Software or Computer Software Documentation).
282Accordingly, all U.S.  Government End Users acquire Covered Code with only
283those rights set forth herein.
284
28513.2 Relationship of Parties.  This License will not be construed as creating
286an agency, partnership, joint venture or any other form of legal association
287between or among you, Sybase or any Contributor, and You will not represent to
288the contrary, whether expressly, by implication, appearance or otherwise.
289
29013.3 Independent Development.  Nothing in this License will impair Sybase's or
291any Contributor's right to acquire, license, develop, have others develop for
292it, market and/or distribute technology or products that perform the same or
293similar functions as, or otherwise compete with, Modifications, Larger Works,
294technology or products that You may develop, produce, market or distribute.
295
29613.4 Waiver; Construction.  Failure by Sybase or any Contributor to enforce
297any provision of this License will not be deemed a waiver of future
298enforcement of that or any other provision.  Any law or regulation which
299provides that the language of a contract shall be construed against the
300drafter will not apply to this License.
301
30213.5 Severability.  (a) If for any reason a court of competent jurisdiction
303finds any provision of this License, or portion thereof, to be unenforceable,
304that provision of the License will be enforced to the maximum extent
305permissible so as to effect the economic benefits and intent of the parties,
306and the remainder of this License will continue in full force and effect.  (b)
307Notwithstanding the foregoing, if applicable law prohibits or restricts You
308from fully and/or specifically complying with Sections 2 and/or 3 or prevents
309the enforceability of either of those Sections, this License will immediately
310terminate and You must immediately discontinue any use of the Covered Code and
311destroy all copies of it that are in your possession or control.
312
31313.6 Dispute Resolution.  Any litigation or other dispute resolution between
314You and Sybase relating to this License shall take place in the Northern
315District of California, and You and Sybase hereby consent to the personal
316jurisdiction of, and venue in, the state and federal courts within that
317District with respect to this License.  The application of the United Nations
318Convention on Contracts for the International Sale of Goods is expressly
319excluded.
320
32113.7 Entire Agreement; Governing Law.  This License constitutes the entire
322agreement between the parties with respect to the subject matter hereof.  This
323License shall be governed by the laws of the United States and the State of
324California, except that body of California law concerning conflicts of law.
325
326Where You are located in the province of Quebec, Canada, the following clause
327applies:  The parties hereby confirm that they have requested that this
328License and all related documents be drafted in English.  Les parties ont
329exige que le present contrat et tous les documents connexes soient rediges en
330anglais.
331
332EXHIBIT A.
333
334"Portions Copyright (c) 1983-2002 Sybase, Inc.  All Rights Reserved.
335
336This file contains Original Code and/or Modifications of Original Code as
337defined in and that are subject to the Sybase Open Watcom Public License
338version 1.0 (the 'License').  You may not use this file except in compliance
339with the License.  BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF
340THE LICENSE.  A copy of the License is provided with the Original Code and
341Modifications, and is also available at www.sybase.com/developer/opensource.
342
343The Original Code and all software distributed under the License are
344distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
345OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH
346WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
347FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.  Please
348see the License for the specific language governing rights and limitations
349under the License."
350
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