Is the Sybase Open Watcom License ok?
Hi all,
Is the license pasted below OK? It is OSI-approved, but someone on
debian-devel mentioned there were many problematic bits, including
2.2(c), and advised me to post it here.
I hope to package openwatcom, a C/C++ IDE that produces efficient DOS,
Linux, and Windows code and includes a superb debugger.
Thanks in advance,
Jason Spiro
jasonspiro4+news@gmail.com
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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