End User License Agreement (EULA)
MCCS Communications Client
1. License Agreement
1.1 This License Agreement shall become effective between any individual or
single legal entity (hereinafter, “user”) provided with the software
application - MCCS Communications Client – and BASIS AUDIONET GmbH
(hereinafter, BASIS) or indeed between the user and further licensors.
1.2 Acceptance of this License Agreement by the user shall be deemed
endorsement of all of the terms and particulars contained therein. In the
event that the user should elect not to accept the Agreement, the option “I
do not agree with this License Agreement” should be selected. The software
in this case cannot, and must not, be installed or used.
1.3 The central software unit (main module) is to be responsible for the
opening and termination of telephone calls. BASIS shall remain the
proprietor of the right of use and shall grant the user the non-exclusive
right, non-transferable except by prior permission, to make use of the data
contained within the software, as well the documentation supplied in order
to support use of the application. Applicable copyright of the main module
and its documentation remains the property of BASIS. The user shall not be
entitled to make copies of the software (except where required to execute
the program), nor to modify, affect or reverse engineer it. Any transfer of
the right of use is subject to express written permission by BASIS, as does
sublicensing.
1.4 The user may load, display, execute, transfer or store the software to
the extent required for its operation. Any copies of the software may be
made only to the extent required for its contractual operation and/or
archival storage and backup purposes. Any other use - in particular, any
editing or modification of the software or the creation of copies of its
written documentation - requires prior approval in writing from BASIS.
2. Commencement and Termination
2.1. This License Agreement and the granting of a non-exclusive, revocable
right to use shall become effective as of the time of provision of the
software copy. Therefore, should the user fail to accept this License
Agreement, the software shall be removed from the user’s systems and
electronic storage facilities.
2.2. The non-exclusive right of use of the main modules and any additional
modules is granted free of charge. BASIS reserves the right to terminate,
at any time and without notice, support of the software. The license as
granted by BASIS in this case shall be deemed void, without prejudice to
any license agreements relating to the additional modules, insofar as their
originators provided these modules under GPL or other licenses; cf.
Appendix 5 Secs. 5.1, 5.2, 5.3, 5.4 and 5.5.
2.3. This License Agreement shall also become void in the event that the
user should be found in breach of any of the terms of use.
3. DISCLAIMER: Warranty, Liability
3.1 Owing to the naturally inherent characteristics of software products,
BASIS cannot guarantee this software to execute or function error-free. The
user shall thus acknowledge that the software may in the course of being
used exhibit non-standard behavior, such as may be caused, amongst others,
by the host operating system and/or insufficient data.
3.2 BASIS and any further licensors provide the software as is and with all
faults and hereby disclaim all warranties and conditions, either express,
implied, or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses, of results,
of workmanlike effort, of lack of viruses, and of lack of negligence, all
with regard to the software, and the provision of or failure to provide
support, or other, services, information, content associated with the
software, or results arising from use of the software.
3.3 BASIS shall be liable for damage caused by itself and any of its agents
only in case of culpable failure to satisfy a material contractual
obligation such as to contravene contractual intent, or if the damage
caused is attributable to gross negligence or malicious intent. In the case
of a culpable breach of a material contractual obligation arising from
causes other than gross negligence or malicious intent liability shall be
limited to those damages which are typically to be expected within the
scope of an agreement such as the present one. Any further liability for
any statutory damages or consequential damages under this Agreement shall
be excluded to the extent permitted by law, without prejudice to liability
for damages pursuant to the German Product Liability Act
(Produkthaftungsgesetz).
4. Miscellaneous
4.1 The contractual relations shall be governed by German law, as
applicable amongst domestic individuals/entities. In no event shall the
Uniform Law on the International Sale of Goods (CISG) be used. The place of
jurisdiction shall be Hamburg (Germany) if BASIS’s contractual partner is a
trader or a single public entity as pursuant to public law, or does not
have a domestic venue of general jurisdiction. A possible exclusive venue
shall remain unaffected hereby.
4.2 If any stipulation of this Agreement should be or become void or
otherwise unenforceable, in whole or in part, of if any stipulation should
be found at some later time to have become void or otherwise unenforceable,
this shall not affect the validity of the remaining stipulations.
The stipulation(s) void or unenforceable shall be deemed to be replaced by
the parties with a valid regulation which comes as close as possible to the
commercially desired purpose originally intended for the ineffective
provision; the same shall apply in the case of a lacuna.
5. APPENDIX – Additional Modules Licensing
The additional modules implement the following functionality:
1. x264 - Video encoder > for video telephony > video stream decoding
2. Libswscale > for video telephony > video graphics
3. FFmpeg > for video telephony > video graphics
4. Directshow headers > for video telephony > integration, video
5. OpenSSL > for encryption > client-server
6. wxWidgets > Graph. User Interface > GUI graphics
7. gSOAP > for encryption > XML extension for data transfer
These software modules are provided under the General Public License – GNU
GPL (with regards to the x264 video encoder, Directshow headers and
wxWidgets), the Lesser GNU GPL License (FFmpeg and libswscale), the OpenSSL
License (OpenSSL) and the gSOAP License (in the case of gSOAP). BASIS did
not create this software and explicitly identifies the relevant authors and
co-authors.
BASIS appends to this Agreement the unaltered wording of the GNU GPL, as
well as the other Open Source licenses (cf. Secs. 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7 below).
The source code on which the object code is based is provided by other
licensors and is available for download (if so required by the licensors’
license agreements). Secs. 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7 reference the
corresponding Web servers from which the source code is available.
5.1 Software Module x264
Software module x264 is subject to the GPL.
Availability:
The source code can be downloaded from the pages of Videolan
(http://www.videolan.org), at: http://www.videolan.org/mirror-
geo.php?file=vlc/0.8.6i/win32/vlc-0.8.6i-win32.exe .
GNU GPL License of software module x264
Any modification, copying, reverse engineering and distribution is subject
to the terms of the GNU GPL, as reproduced below:
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to
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When we speak of free software, we are referring to freedom, not price. Our
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To protect your rights, we need to make restrictions that forbid anyone to
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We protect your rights with two steps: (1) copyright the software, and (2)
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The precise terms and conditions for copying, distribution and modification
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TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
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These requirements apply to the modified work as a whole. If identifiable
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END OF TERMS AND CONDITIONS
5.2 Libswscale Software Module
Software module Libswscale is provided under the lesser GNU GPL (GNU LGPL).
Availability:
The source code is available from:
http://www.mplayerhq.hu/design7/news.html.
LGPL as applicable to software module Libswscale
Any modification, copying, reverse engineering and distribution is subject
to the terms of the GNU LGPL, as reproduced below:
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the
terms and conditions of version 3 of the GNU General Public License,
supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser
General Public License, and the “GNU GPL” refers to version 3 of the GNU
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“The Library” refers to a covered work governed by this License, other than
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You may place library facilities that are a work based on the Library side
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6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the
GNU Lesser General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Library as
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If the Library as you received it does not specify a version number of the
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5.3 Software module FFmepeg
Software module FFmepeg is also subject to the GNU LGPL.
Availability:
The source code is available at http://ffmpeg.mplayerhq.hu/download.html .
GNU LGPL applicable to software module FFmpeg
Any modification, copying, reverse engineering and distribution is subject
to the terms of the GNU LGPL.
The wording of the GNU Lesser General Public License is reproduced in
Section 5.2 and is applicable to the FFmepeg software.
5.4 DirectShow headers
Software module DirectShow headers is subject to the GPL.
Availability:
The source code is available from the Videolan pages
(http://www.videolan.org) at:
http://download.videolan.org/pub/videolan/contrib/dshow-headers.tgz.
Any modification, copying, reverse engineering and distribution is subject
to the terms of the GPL, for which refer to Section 5.1 of this Agreement.
5.5 OpenSSL
The software module OpenSSL is "dual licensed" under the OpenSSL License
and the SSLeay license.
Availability:
The source code is available from the OpenSSL site (http://www.openssl.org)
at: http://www.openssl.org/source/
Any modification, copying, reverse engineering and distribution is subject
to the terms of the OpenSSL License or the SSLeay License, as reproduced
below.
LICENSE ISSUES
==============
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-
style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.
OpenSSL License
====================================================================
Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
endorse or promote products derived from this software without
prior written permission. For written permission, please contact
openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL"
nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
This product includes cryptographic software written by Eric Young
(eay@cryptsoft.com). This product includes software written by Tim
Hudson (tjh@cryptsoft.com).
Original SSLeay License
-----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.
This package is an SSL implementation written
by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions
apply to all code found in this distribution, be it the RC4, RSA,
lhash, DES, etc., code; not just the SSL code. The SSL documentation
included with this distribution is covered by the same copyright terms
except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices inthe code are not to be removed.
If this package is used in a product, Eric Young should be given
attribution as the author of the parts of the library used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the routines from the library
being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof)
from the apps directory (application code) you must include an
acknowledgement:
This product includes software written by Tim Hudson
(tjh@cryptsoft.com)
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The license and distribution terms for any publically available version
or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution license
[including the GNU Public License.]
5.6 Software module wxWidgets
wxWidgets is provided under the GNU Lesser General Public License
The source code is available at:
http://www.wxwidgets.org/downloads/
Any modification, copying, reverse engineering and distribution is subject
to the terms of the GNU LGPL, cf. Section 5.2.
5.7 Software module gSOAP
The gSOAP software module is available under the terms of the gSOAP
license.
The source code is available at: http://sourceforge.net/project/showfiles.php?group_id=52781
Any modification, copying, reverse engineering and distribution is subject
to the terms stated below. The use of gSOAP is regulated either by the
gSOAP Public License 1.3 (which is based on the Mozilla public license
1.1), as reproduced below, or the GPL (GNU Public License), as per Section 5.1.
gSOAP Public License
Version 1.3a
The gSOAP public license is derived from the Mozilla Public License
(MPL1.1). The sections that were deleted from the original MPL1.1 text are
1.0.1, 2.1.(c),(d), 2.2.(c),(d), 8.2.(b), 10, and 11. Section 3.8 was
added. The modified sections are 2.1.(b), 2.2.(b), 3.2 (simplified), 3.5
(deleted the last sentence), and 3.6 (simplified).
1 DEFINITIONS.
1.1. "Contributor"
means each entity that creates or contributes to the creation of
Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code, or Modifications or the combination of the
Original Code, and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community
for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the
Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not
governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether at
the time of the initial grant or subsequently acquired, any and all of the
rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of either
the Original Code or any previous Modifications. When Covered Code is
released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code, or previous
Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the
Source Code notice required by Exhibit A as Original Code, and which, at
the time of its release under this License is not already Covered Code
governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including
without limitation, method, process, and apparatus claims, in any patent
Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code 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, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is
widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and
complying with all of the terms of, this License or a future version of
this License issued under Section 6.1. For legal entities, "You" includes
any entity which controls, is controlled by, or is under common control
with You. For purposes of this definition, "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 more than fifty
percent (50%) of the outstanding shares or beneficial ownership of such
entity.
2 SOURCE CODE LICENSE.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display,
perform, sublicense and distribute the Original Code (or portions thereof)
with or without Modifications, and/or as part of a Larger Work; and
(b)under patents now or hereafter owned or controlled by Initial Developer,
to make, have made, use and sell ("offer to sell and import") the Original
Code, Modifications, or portions thereof, but solely to the extent that any
such patent is reasonably necessary to enable You to utilize, alone or in
combination with other software, the Original Code, Modifications, or any
combination or portions thereof.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications,
as Covered Code and/or as part of a Larger Work; and
(b)under patents now or hereafter owned or controlled by Contributor, to
make, have made, use and sell ("offer to sell and import") the Contributor
Version (or portions thereof), but solely to the extent that any such
patent is reasonably necessary to enable You to utilize, alone or in
combination with other software, the Contributor Version (or portions
thereof).
3 DISTRIBUTION OBLIGATIONS.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section 2.2. The
Source Code version of Covered Code may be distributed only under the terms
of this License or a future version of this License released under Section
6.1, and You must include a copy of this License with every copy of the
Source Code You distribute. You may not offer or impose any terms on any
Source Code version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include an
additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
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.
8.3. 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 at
http://www.cs.fsu.edu/~engelen/soaplicense.html
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
for the specific language governing rights and limitations under the
License.
The Original Code of the gSOAP Software is: stdsoap.h, stdsoap2.h,
stdsoap.c, stdsoap2.c, stdsoap.cpp, stdsoap2.cpp, soapcpp2.h, soapcpp2.c,
soapcpp2_lex.l, soapcpp2_yacc.y, error2.h, error2.c, symbol2.c, init2.c,
soapdoc2.html, and soapdoc2.pdf, httpget.h, httpget.c, stl.h, stldeque.h,
stllist.h, stlvector.h, stlset.h.
The Initial Developer of the Original Code is Robert A. van Engelen.
Portions created by Robert A. van Engelen are Copyright (C) 2001-2004
Robert A. van Engelen, Genivia inc. All Rights Reserved.
[Note: The text of this Exhibit A may differ slightly form the text of the
notices in the Source Code files of the Original code. You should use the
text of this Exhibit A rather than the text found in the Original Code
Source Code for Your Modifications.]
EXHIBIT B.
"Part of the software embedded in this product is gSOAP software.
Portions created by gSOAP are Copyright (C) 2001-2004 Robert A. van
Engelen, Genivia inc. All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY GENIVIA INC AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE."