Yamaha BRX-610 – page 12

The Modifications which You create or to which You contribute are governed by the

6.3. Derivative Works.

terms of this License, including without limitation Section 2.2. The Source Code

If You create or use a modified version of this License (which you may only do in order

version of Covered Code may be distributed only under the terms of this License or a

to apply it to code which is not already Covered Code governed by this License), You

future version of this License released under Section 6.1, and You must include a copy

must (a) rename Your license so that the phrase “gSOAP” or any confusingly similar

of this License with every copy of the Source Code You distribute. You may not offer

phrase do not appear in your license (except to note that your license differs from this

or impose any terms on any Source Code version that alters or restricts the applicable

License) and (b) otherwise make it clear that Your version of the license contains terms

version of this License or the recipients’ rights hereunder. However, You may include

which differ from the gSOAP Public License. (Filling in the name of the Initial

an additional document offering the additional rights described in Section 3.5.

Developer, Original Code or Contributor in the notice described in Exhibit A shall not

3.2. Availability of Source Code.

of themselves be deemed to be modifications of this License.)

Any Modification created by You will be provided to the Initial Developer in Source

7 DISCLAIMER OF WARRANTY.

Code form and are subject to the terms of the License.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS,

3.3. Description of Modifications.

WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR

You must cause all Covered Code to which You contribute to contain a file

STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

documenting the changes You made to create that Covered Code and the date of any

WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR

change. You must include a prominent statement that the Modification is derived,

PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL

directly or indirectly, from Original Code provided by the Initial Developer and

PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON

including the name of the Initial Developer in (a) the Source Code, and (b) in any notice

OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT

in an Executable version or related documentation in which You describe the origin or

LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE

ownership of the Covered Code.

IS PROVIDED “AS IS” AND THAT THE AUTHORS DO NOT WARRANT THE

3.4. Intellectual Property Matters.

SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. LIMITED

(a) Third Party Claims.

LIABILITY THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE

If Contributor has knowledge that a license under a third party’s intellectual property

SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL THE

rights is required to exercise the rights granted by such Contributor under Sections 2.1

AUTHORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,

or 2.2, Contributor must include a text file with the Source Code distribution titled

EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE

“LEGAL” which describes the claim and the party making the claim in sufficient detail

WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT

that a recipient will know whom to contact. If Contributor obtains such knowledge after

(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING

the Modification is made available as described in Section 3.2, Contributor shall

OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF THE

promptly modify the LEGAL file in all copies Contributor makes available thereafter

AUTHORS HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE

and shall take other steps (such as notifying appropriate mailing lists or newsgroups)

OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND

reasonably calculated to inform those who received the Covered Code that new

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY

knowledge has been obtained.

EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES

(b) Contributor APIs.

INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,

If Contributor’s Modifications include an application programming interface and

LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE,

Contributor has knowledge of patent licenses which are reasonably necessary to

COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER

implement that API, Contributor must also include this information in the LEGAL file.

GOODS. IN NO EVENT WILL THE AUTHORS BE LIABLE FOR THE COSTS OF

(c) Representations.

PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. YOU

Contributor represents that, except as disclosed pursuant to Section 3.4(a) above,

ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED FOR USE IN ON-

Contributor believes that Contributor’s Modifications are Contributor’s original

LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION

creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this

OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-

License.

CRITICAL APPLICATIONS. THE AUTHORS EXPRESSLY DISCLAIM ANY

3.5. Required Notices.

LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-

You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not

LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO

possible to put such notice in a particular Source Code file due to its structure, then You

LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE

must include such notice in a location (such as a relevant directory) where a user would

OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS

be likely to look for such a notice. If You created one or more Modification(s) You may

ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE

add your name as a Contributor to the notice described in Exhibit A. You must also

TERM “LIFE- CRITICAL APPLICATION” MEANS AN APPLICATION IN

duplicate this License in any documentation for the Source Code where You describe

WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE

recipients’ rights or ownership rights relating to Covered Code. You may choose to

MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS

offer, and to charge a fee for, warranty, support, indemnity or liability obligations to

OF HUMAN LIFE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

one or more recipients of Covered Code. However, You may do so only on Your own

ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS

behalf, and not on behalf of the Initial Developer or any Contributor.

AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

3.6. Distribution of Executable Versions.

8 TERMINATION.

You may distribute Covered Code in Executable form only if the requirements of

8.1.

Section 3.1-3.5 have been met for that Covered Code. You may distribute the

This License and the rights granted hereunder will terminate automatically if You fail to

Executable version of Covered Code or ownership rights under a license of Your

comply with terms herein and fail to cure such breach within 30 days of becoming

choice, which may contain terms different from this License, provided that You are in

aware of the breach. All sublicenses to the Covered Code which are properly granted

compliance with the terms of this License and that the license for the Executable

shall survive any termination of this License. Provisions which, by their nature, must

version does not attempt to limit or alter the recipient’s rights in the Source Code

remain in effect beyond the termination of this License shall survive.

version from the rights set forth in this License. If You distribute the Executable version

8.2.

under a different license You must make it absolutely clear that any terms which differ

8.3.

from this License are offered by You alone, not by the Initial Developer or any

If You assert a patent infringement claim against Participant alleging that such

Contributor. If you distribute executable versions containing Covered Code as part of a

Participant’s Contributor Version directly or indirectly infringes any patent where such

product, you must reproduce the notice in Exhibit B in the documentation and/or other

claim is resolved (such as by license or settlement) prior to the initiation of patent

materials provided with the product.

infringement litigation, then the reasonable value of the licenses granted by such

3.7. Larger Works.

Participant under Sections 2.1 or 2.2 shall be taken into account in determining the

You may create a Larger Work by combining Covered Code with other code not

amount or value of any payment or license.

governed by the terms of this License and distribute the Larger Work as a single

8.4.

product. In such a case, You must make sure the requirements of this License are

In the event of termination under Sections 8.1 or 8.2 above, all end user license

fulfilled for the Covered Code.

agreements (excluding distributors and resellers) which have been validly granted by

3.8. Restrictions.

You or any distributor hereunder prior to termination shall survive termination.

You may not remove any product identification, copyright, proprietary notices or labels

9 LIMITATION OF LIABILITY.

from gSOAP.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER

4 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.

TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL

If it is impossible for You to comply with any of the terms of this License with respect

YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY

to some or all of the Covered Code due to statute, judicial order, or regulation then You

DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH

must: (a) comply with the terms of this License to the maximum extent possible; and

PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,

(b) describe the limitations and the code they affect. Such description must be included

INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER

in the LEGAL file described in Section 3.4 and must be included with all distributions

INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,

of the Source Code. Except to the extent prohibited by statute or regulation, such

WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND

description must be sufficiently detailed for a recipient of ordinary skill to be able to

ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY

understand it.

SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

5 APPLICATION OF THIS LICENSE.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR

This License applies to code to which the Initial Developer has attached the notice in

DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S

Exhibit A and to related Covered Code.

NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH

6 VERSIONS OF THE LICENSE.

LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

6.1. New Versions.

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS

Grantor may publish revised and/or new versions of the License from time to time.

EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Each version will be given a distinguishing version number.

10 U.S. GOVERNMENT END USERS.

6.2. Effect of New Versions.

11 MISCELLANEOUS.

Once Covered Code has been published under a particular version of the License, You

12 RESPONSIBILITY FOR CLAIMS.

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.

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