lic.gml

开放源码的编译器open watcom 1.6.0版的源代码

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.
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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.
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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).
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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.
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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.
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12.  Termination.
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12.1 Termination.  This License and the rights granted hereunder will
terminate:
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(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;
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(b) immediately in the event of the circumstances described in Section
13.5(b); or
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(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.
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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.
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13.  Miscellaneous.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.bd EXHIBIT A.
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.millust begin
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.
.millust end