new @OSI-APPROVED license: Watcom-1.0 (bug #469990)

Added for dev-lang/jwasm package (bug #431706)
License text picked from
    http://opensource.org/licenses/Watcom-1.0

1 files changed, 394 insertions, 0 deletions

diff --git a/licenses/Watcom-1.0 b/licenses/Watcom-1.0
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+The Sybase Open Source Licence (Watcom-1.0)
+
+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 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 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."