ix
Any Modification created by You will be provided to the Initial Developer in Source
Code form and are subject to the terms of the License.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of any
change. You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer in (a) the Source Code, and (b) in any notice
in an Executable version or related documentation in which You describe the origin or
ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party’s intellectual property
rights is required to exercise the rights granted by such Contributor under Sections 2.1
or 2.2, Contributor must include a text file with the Source Code distribution titled
“LEGAL” which describes the claim and the party making the claim in sufficient detail
that a recipient will know whom to contact. If Contributor obtains such knowledge after
the Modification is made available as described in Section 3.2, Contributor shall
promptly modify the LEGAL file in all copies Contributor makes available thereafter
and shall take other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Code that new
knowledge has been obtained.
(b) Contributor APIs.
If Contributor’s Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above,
Contributor believes that Contributor’s Modifications are Contributor’s original
creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this
License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not
possible to put such notice in a particular Source Code file due to its structure, then You
must include such notice in a location (such as a relevant directory) where a user would
be likely to look for such a notice. If You created one or more Modification(s) You may
add your name as a Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code where You describe
recipients’ rights or ownership rights relating to Covered Code. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or liability obligations to
one or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under a license of Your
choice, which may contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the Executable
version does not attempt to limit or alter the recipient’s rights in the Source Code
version from the rights set forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial Developer or any
Contributor. If you distribute executable versions containing Covered Code as part of a
product, you must reproduce the notice in Exhibit B in the documentation and/or other
materials provided with the product.
3.7. 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 such a case, You must make sure the requirements of this License are
fulfilled for the Covered Code.
3.8. Restrictions.
You may not remove any product identification, copyright, proprietary notices or labels
from gSOAP.
4 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this License with respect
to some or all of the Covered Code due to statute, judicial order, or regulation then You
must: (a) comply with the terms of this License to the maximum extent possible; and
(b) describe the limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with all distributions
of the Source Code. Except to the extent prohibited by statute or regulation, such
description must be sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5 APPLICATION OF THIS LICENSE.
This License applies to code to which the Initial Developer has attached the notice in
Exhibit A and to related Covered Code.
6 VERSIONS OF THE LICENSE.
6.1. New Versions.
Grantor may publish revised and/or new versions of the License from time to time.
Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You
may always continue to use it under the terms of that version. You may also choose to
use such Covered Code under the terms of any subsequent version of the License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order
to apply it to code which is not already Covered Code governed by this License), You
must (a) rename Your license so that the phrase “gSOAP” or any confusingly similar
phrase do not appear in your license (except to note that your license differs from this
License) and (b) otherwise make it clear that Your version of the license contains terms
which differ from the gSOAP Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in Exhibit A shall not
of themselves be deemed to be modifications of this License.)
7 DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS,
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON
OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT
LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE
IS PROVIDED “AS IS” AND THAT THE AUTHORS DO NOT WARRANT THE
SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. LIMITED
LIABILITY THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL THE
AUTHORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE
WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF THE
AUTHORS HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE
OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER
GOODS. IN NO EVENT WILL THE AUTHORS BE LIABLE FOR THE COSTS OF
PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. YOU
ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED FOR USE IN ON-
LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-
CRITICAL APPLICATIONS. THE AUTHORS EXPRESSLY DISCLAIM ANY
LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-
LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO
LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE
OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM “LIFE- CRITICAL APPLICATION” MEANS AN APPLICATION IN
WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE
MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS
OF HUMAN LIFE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8 TERMINATION.
8.1.
This License and the rights granted hereunder will terminate automatically if You fail to
comply with terms herein and fail to cure such breach within 30 days of becoming
aware of the breach. All sublicenses to the Covered Code which are properly granted
shall survive any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
8.2.
8.3.
If You assert a patent infringement claim against Participant alleging that such
Participant’s Contributor Version directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account in determining the
amount or value of any payment or license.
8.4.
In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by
You or any distributor hereunder prior to termination shall survive termination.
9 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10 U.S. GOVERNMENT END USERS.
11 MISCELLANEOUS.
12 RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its utilization of rights under this
License and You agree to work with Initial Developer and Contributors to distribute
such responsibility on an equitable basis. Nothing herein is intended or shall be deemed
to constitute any admission of liability.
EXHIBIT A.
“The contents of this file are subject to the gSOAP Public License Version 1.3 (the
“License”); you may not use this
file except in compliance with the License. You may obtain a copy of the License
athttp://www.cs.fsu.edu/ engelen/soaplicense.html
