Sybase Open Watcom Public License 1.0

This is a reading of the license Sybase Open Watcom Public License 1.0. Published by Sybase, Inc.. It covers Software. Version 2 of the model.

1. What you may do

This license permits the following.
Change license. Replacing the license of the work, or of an adaptation, with another license, or changing its terms.
Commercial use. Using the work to generate income, directly or indirectly, for example by selling it or by using it in advertising.
Derivative works. Distributing an adaptation of the work and making it available to the public.
Derive. Creating a new work from the work, such as a translation, adaptation or arrangement of it or of a part of it.
Display. Showing the work to the public without making a copy the viewer keeps.
Distribute. Providing copies of the work to the public or to anyone else.
Modified works. Distributing a modified version of the work that does not amount to a new, derivative work.
Modify. Altering the work, for example by updating it, without creating a new work; an alteration that creates a new work is Derive.
Network use trigger. Making the work available over a network, deploying it or providing a service with it.
Patent grant. Granting a license under the patent claims that a contributor holds and that the contribution necessarily infringes.
Present. Performing the work in public, including by broadcast or other communication to the public.
Reproduce. Making copies of the work in any form.

2. What you must do

These conditions come with the permissions above.
Add statement. Attaching terms, notices or statements of one's own to the work or to one's modifications when passing it on. It is a condition of derive.
Attribution. Giving credit to the copyright holders or authors of the work, in the form the licensor asks for. It is a condition of derive.
Modification notice. Marking a changed work as changed, saying how it differs from the original and keeping earlier notices of change. It is a condition of derive.
Notice. Notice: keeping the license and copyright notices with every copy. It is a condition of derive.
Share alike. Adaptations have to be licensed under the same license or one the license names as compatible. It is a condition of derive.
Source code. Providing access to the source code of the work with every copy distributed. It is a condition of derive.
Add statement. Attaching terms, notices or statements of one's own to the work or to one's modifications when passing it on. It is a condition of distribute.
Attribution. Giving credit to the copyright holders or authors of the work, in the form the licensor asks for. It is a condition of distribute.
Notice. Notice: keeping the license and copyright notices with every copy. It is a condition of distribute.
Source code. Providing access to the source code of the work with every copy distributed. It is a condition of distribute.
Add statement. Attaching terms, notices or statements of one's own to the work or to one's modifications when passing it on. It is a condition of modify.
Attribution. Giving credit to the copyright holders or authors of the work, in the form the licensor asks for. It is a condition of modify.
Modification notice. Marking a changed work as changed, saying how it differs from the original and keeping earlier notices of change. It is a condition of modify.
Notice. Notice: keeping the license and copyright notices with every copy. It is a condition of modify.
Share alike. Adaptations have to be licensed under the same license or one the license names as compatible. It is a condition of modify.
Source code. Providing access to the source code of the work with every copy distributed. It is a condition of modify.
Source code. Providing access to the source code of the work with every copy distributed. It is a condition of network use trigger.

3. What you may not do

This license prohibits the following.
Add limitation. Adding further limitations or restrictions to the license terms when passing the work on.
Patent license ends on a patent claim. Not a ban on suing: a patent claim ends the patent license, or the whole license, as the text provides.
Promote. Using the name or trademarks of the licensor or of contributors to endorse or promote a product.

4. Further terms

The license states these terms about itself.
Validity period: Perpetual.
Region: Worldwide.
Cure period: 30 days.
Governing law: the laws of the United States and the State of California.
Government rights limitation: United States government end users acquire the covered code with only the rights the licence gives every other licensee.
Source publication period: for as long as the covered code is deployed or twelve (12) months from the date of initial deployment, whichever is longer.
Terminates on breach: Yes.

5. Warranty, liability and support

The license carries the following clauses, quoted from the model.
Warranty disclaimer: 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.
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).
Warranty or liability acceptance: 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.
Additional clauses: "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.

This text was generated from the machine readable model of the license. It is not legal advice, and only the license itself is binding.