Watcom 11.0c End User Terms and Conditions 1. Sybase retains title to the Patch, and all copies thereof, and all associated Intellectual Property Rights therein. End User may not copy the Patch, except for inactive backup and archival purposes only, and must include on all copies of the Patch all copyright, government restricted rights and other proprietary notices or legends included on the Patch when it was delivered to such End User. 2. End User must agree to comply with all export and re-export restrictions and regulations ("Export Restrictions") imposed by the government of the United States. If any Patch license is provided to the U.S. government, the use, duplication or disclosure of the software and documentation by the U.S. Government shall be provided subject to terms and conditions consistent with these Minimum Terms and Conditions and any applicable FAR provisions, for example, FAR 52.227-19. 3. End User shall not modify, reverse engineer, reverse assemble or reverse compile the Patch or any part thereof. 4. NEITHER SYBASE NOR ANY OF ITS SUBSIDIARIES NOR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES INCLUDING; DIRECT, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SYBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. THE PATCH IS PROVIDED "AS IS" AND SYBASE AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING WARRANTY OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6. The Patch and accompanying Documentation have been created by third parties and Sybase disclaims all legal responsibility for the Patch and the Programs. 7. The Patch and Programs are End of Life products and therefore are not supported, maintained or warranted by Sybase. 8. Any claims or disputes with respect to services provided by third parties are solely between the End User and those third parties or their successor(s). Sybase hereby disclaims all legal responsibility in such cases. 9. Redistribution Rights. The End User shall have the same Redistribution rights that they were granted under the license of the corresponding Watcom product as originally licensed. SciTech has amended this EULA with the following additional terms and conditions. These additional SciTech provisions are offered solely by SciTech and do not alter any of the above license terms and Sybase hereby disclaims all related responsibilities or liabilities. 1. NEITHER SCITECH NOR ANY OF ITS SUBSIDIARIES NOR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES INCLUDING; DIRECT, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SCITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2. THE PATCH IS PROVIDED "AS IS" AND SCITECH AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING WARRANTY OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.