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1
2MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1
3This Motosoto Open Source License (the "License") applies to "Community
4Portal Server" and related software products as well as any updatesor
5maintenance releases of that software ("Motosoto Products") that are
6distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto
7Product licensed pursuant to this License is a "Licensed Product." Licensed
8Product, in its entirety, is protected by Dutch copyright law.
9This
10License identifies the terms under which you may use, copy, distribute or modify
11Licensed Product and has been submitted to the Open Software Initiative (OSI)
12for approval.
13
14Preamble
15
16This Preamble is intended to describe, in plain English, the nature and scope of
17this License. However, this Preamble is not a part of this license. The legal
18effect of this License is dependent only upon the terms of the License and not
19this Preamble.
20This License complies with the Open Source Definition and has been approved by
21Open Source Initiative. Software distributed under this License may be marked
22as "OSI Certified Open Source Software."
23
24This License provides that:
25
261. You may use, sell or give away the Licensed Product, alone or as a
27component of an aggregate software distribution containing
28programs from several different sources. No royalty or other fee is
29required.
30
312. Both Source Code and executable versions of the Licensed Product,
32including Modifications made by previous Contributors, are
33available for your use. (The terms "Licensed Product," "Modifications,"
34"Contributors" and "Source Code" are defined in the License.)
35
363. You are allowed to make Modifications to the Licensed Product, and you
37can create Derivative Works from it. (The term "Derivative
38Works" is defined in the License.)
39
404. By accepting the Licensed Product under the provisions of this License,
41you agree that any Modifications you make to the Licensed
42Product and then distribute are governed by the provisions of this
43License. In particular, you must make the Source Code of your
44Modifications available to others.
45
465. You may use the Licensed Product for any purpose, but the Licensor is
47not providing you any warranty whatsoever, nor is the Licensor
48accepting any liability in the event that the Licensed Product doesn`t
49work properly or causes you any injury or damages.
50
516. If you sublicense the Licensed Product or Derivative Works, you may
52charge fees for warranty or support, or for accepting indemnity
53or liability obligations to your customers. You cannot charge for the
54Source Code.
55
567. If you assert any patent claims against the Licensor relating to the
57Licensed Product, or if you breach any terms of the License, your
58rights to the Licensed Product under this License automatically
59terminate.
60
61You may use this License to distribute your own Derivative Works, in which
62case the provisions of this License will apply to your Derivative
63Works just as they do to the original Licensed Product.
64
65Alternatively, you may distribute your Derivative Works under any other
66OSI-approved Open Source license, or under a proprietary license of
67your choice. If you use any license other than this License, however, you must
68continue to fulfill the requirements of this License (including the
69provisions relating to publishing the Source Code) for those portions of your
70Derivative Works that consist of the Licensed Product, including
71the files containing Modifications.
72
73New versions of this License may be published from time to time. You may
74choose to continue to use the license terms in this version of the
75License or those from the new version. However, only the Licensor has the right
76to change the License terms as they apply to the Licensed
77Product.
78This License relies on precise definitions for certain terms. Those terms are
79defined when they are first used, and the definitions are repeated for
80your convenience in a Glossary at the end of the License.
81
82License Terms
83
841. Grant of License From Licensor.
85
86Licensor
87hereby grants you a world-wide, royalty-free, non-exclusive license, subject to
88third
89party intellectual property claims, to do the following:
90
91a. Use, reproduce, modify, display, perform, sublicense and
92distribute Licensed Product or portions thereof (including
93Modifications as hereinafter defined), in both Source Code or as
94an executable program. "Source Code" means the preferred
95form for making modifications to the Licensed Product, including
96all modules contained therein, plus any associated
97interface definition files, scripts used to control compilation
98and installation of an executable program, or a list of
99differential comparisons against the Source Code of the Licensed
100Product.
101
102b. Create Derivative Works (as that term is defined under Dutch
103copyright law) of Licensed Product by adding to or deleting
104from the substance or structure of said Licensed Product.
105
106c. Under claims of patents now or hereafter owned or controlled
107by Licensor, to make, use, sell, offer for sale, have made,
108and/or otherwise dispose of Licensed Product or portions thereof,
109but solely to the extent that any such claim is necessary to
110enable you to make, use, sell, offer for sale, have made, and/or
111otherwise dispose of Licensed Product or portions thereof or
112Derivative Works thereof.
113
1142. Grant of License to Modifications From
115Contributor.
116
117"Modifications" means any additions to or
118deletions from the substance or
119structure of (i) a file containing Licensed Product, or (ii) any new file
120that contains any part of Licensed Product. Hereinafter in this
121License, the term "Licensed Product" shall include all previous
122Modifications that you receive from any Contributor. By
123application of the provisions in Section 4(a) below, each person or
124entity who created or contributed to the creation of, and distributed,
125a Modification (a "Contributor") hereby grants you a world-wide,
126royalty-free, non-exclusive license, subject to third party
127intellectual property claims, to do the following:
128
129a. Use, reproduce, modify, display, perform, sublicense and
130distribute any Modifications created by such Contributor or
131portions thereof, in both Source Code or as an executable program,
132either on an unmodified basis or as part of Derivative
133Works.
134
135b. Under claims of patents now or hereafter owned or controlled by
136Contributor, to make, use, sell, offer for sale, have made,
137and/or otherwise dispose of Modifications or portions thereof, but
138solely to the extent that any such claim is necessary to
139enable you to make, use, sell, offer for sale, have made, and/or
140otherwise dispose of Modifications or portions thereof or
141Derivative Works thereof.
142
1433. Exclusions From License Grant.
144
145Nothing in
146this License shall be deemed to grant any rights to trademarks, copyrights,
147patents,
148trade secrets or any other intellectual property of Licensor or any
149Contributor except as expressly stated herein. No patent license is
150granted separate from the Licensed Product, for code that you delete from
151the Licensed Product, or for combinations of the Licensed
152Product with other software or hardware. No right is granted to the
153trademarks of Licensor or any Contributor even if such marks are
154included in the Licensed Product. Nothing in this License shall be
155interpreted to prohibit Licensor from licensing under different
156terms from this License any code that Licensor otherwise would have a
157right to license.
158
1594. Your Obligations Regarding Distribution.
160
161a. Application of This License to Your
162Modifications. As an express condition for your use of the Licensed
163Product, you
164hereby agree that any Modifications that you create or to which
165you contribute, and which you distribute, are governed by the
166terms of this License including, without limitation, Section 2.
167Any Modifications that you create or to which you contribute
168may be distributed only under the terms of this License or a
169future version of this License released under Section 7. You must
170include a copy of this License with every copy of the
171Modifications you distribute. You agree not to offer or impose any
172terms on any Source Code or executable version of the Licensed
173Product or Modifications that alter or restrict the applicable
174version of this License or the recipients` rights hereunder.
175However, you may include an additional document offering the
176additional rights described in Section 4(e).
177
178b. Availability of Source Code. You must make
179available, under the terms of this License, the Source Code of the Licensed
180Product and any Modifications that you distribute, either on the
181same media as you distribute any executable or other form
182of the Licensed Product, or via a mechanism generally accepted in
183the software development community for the electronic
184transfer of data (an "Electronic Distribution Mechanism"). The
185Source Code for any version of Licensed Product or
186Modifications that you distribute must remain available for at
187least twelve (12) months after the date it initially became
188available, or at least six (6) months after a subsequent version
189of said Licensed Product or Modifications has been made
190available. You are responsible for ensuring that the Source Code
191version remains available even if the Electronic Distribution
192Mechanism is maintained by a third party.
193
194c. Description of Modifications. You must cause any
195Modifications that you create or to which you contribute, and which
196you distribute, to contain a file documenting the additions,
197changes or deletions you made to create or contribute to those
198Modifications, and the dates of any such additions, changes or
199deletions. You must include a prominent statement that the
200Modifications are derived, directly or indirectly, from the
201Licensed Product and include the names of the Licensor and any
202Contributor to the Licensed Product in (i) the Source Code and
203(ii) in any notice displayed by a version of the Licensed
204Product you distribute or in related documentation in which you
205describe the origin or ownership of the Licensed Product.
206You may not modify or delete any preexisting copyright notices in
207the Licensed Product.
208
209d. Intellectual Property Matters.
210
211i. Third Party Claims. If you have
212knowledge that a license to a third party`s intellectual property right is
213required
214to exercise the rights granted by this License, you must
215include a text file with the Source Code distribution titled
216"LEGAL" that describes the claim and the party making the
217claim in sufficient detail that a recipient will know
218whom to contact. If you obtain such knowledge after you make
219any Modifications available as described in Section
2204(b), you shall promptly modify the LEGAL file in all copies
221you make available thereafter and shall take other
222steps (such as notifying appropriate mailing lists or
223newsgroups) reasonably calculated to inform those who
224received the Licensed Product from you that new knowledge
225has been obtained.
226
227ii. Contributor APIs. If your
228Modifications include an application programming interface ("API") and you have
229knowledge of patent licenses that are reasonably necessary
230to implement that API, you must also include this
231information in the LEGAL file.
232
233iii. Representations. You represent that,
234except as disclosed pursuant to 4(d)(i) above, you believe that any
235Modifications you distribute are your original creations and
236that you have sufficient rights to grant the rights
237conveyed by this License.
238
239e. Required Notices. You must duplicate this
240License in any documentation you provide along with the Source Code of any
241Modifications you create or to which you contribute, and which you
242distribute, wherever you describe recipients` rights
243relating to Licensed Product. You must duplicate the notice
244contained in Exhibit A (the "Notice") in each file of the Source
245Code of any copy you distribute of the Licensed Product. If you
246created a Modification, you may add your name as a
247Contributor to the Notice. If it is not possible to put the Notice
248in a particular Source Code file due to its structure, then
249you must include such Notice in a location (such as a relevant
250directory file) where a user would be likely to look for such a
251notice. You may choose to offer, and charge a fee for, warranty,
252support, indemnity or liability obligations to one or more
253recipients of Licensed Product. However, you may do so only on
254your own behalf, and not on behalf of the Licensor or any
255Contributor. You must make it clear that any such warranty,
256support, indemnity or liability obligation is offered by you
257alone, and you hereby agree to indemnify the Licensor and every
258Contributor for any liability incurred by the Licensor or such
259Contributor as a result of warranty, support, indemnity or
260liability terms you offer.
261
262f. Distribution of Executable Versions. You may
263distribute Licensed Product as an executable program under a license of
264your choice that may contain terms different from this License
265provided (i) you have satisfied the requirements of Sections
2664(a) through 4(e) for that distribution, (ii) you include a
267conspicuous notice in the executable version, related documentation
268and collateral materials stating that the Source Code version of
269the Licensed Product is available under the terms of this
270License, including a description of how and where you have
271fulfilled the obligations of Section 4(b), (iii) you retain all
272existing copyright notices in the Licensed Product, and (iv) you
273make it clear that any terms that differ from this License are
274offered by you alone, not by Licensor or any Contributor. You
275hereby agree to indemnify the Licensor and every Contributor
276for any liability incurred by Licensor or such Contributor as a
277result of any terms you offer.
278
279g. Distribution of Derivative Works. You may
280create Derivative Works (e.g., combinations of some or all of the Licensed
281Product with other code) and distribute the Derivative Works as
282products under any other license you select, with the
283proviso that the requirements of this License are fulfilled for
284those portions of the Derivative Works that consist of the
285Licensed Product or any Modifications thereto.
286
2875. Inability to Comply Due to Statute or
288Regulation.
289
290If it is impossible for you to comply with any of
291the terms of this License with
292respect to some or all of the Licensed Product due to statute, judicial
293order, or regulation, then you must (i) comply with the terms of
294this License to the maximum extent possible, (ii) cite the statute or
295regulation that prohibits you from adhering to the License, and
296(iii) describe the limitations and the code they affect. Such description
297must be included in the LEGAL file described in Section 4(d),
298and must be included with all distributions of the Source Code. Except to
299the extent prohibited by statute or regulation, such
300description must be sufficiently detailed for a recipient of ordinary
301skill at computer programming to be able to understand it.
302
3036. Application of This License.
304
305This License
306applies to code to which Licensor or Contributor has attached the Notice in
307Exhibit A,
308which is incorporated herein by this reference.
309
3107. Versions of This License.
311
312a. Version. The Motosoto Open Source License is
313derived from the Jabber Open Source License. All changes are related to
314applicable law and the location of court.
315
316b. New Versions. Licensor may publish from time to
317time revised and/or new versions of the License.
318
319c. Effect of New Versions. Once Licensed Product
320has been published under a particular version of the License, you may always
321continue to use it under the terms of that version. You may also
322choose to use such Licensed Product under the terms of any
323subsequent version of the License published by Licensor. No one
324other than Lic ensor has the right to modify the terms
325applicable to Licensed Product created under this License.
326
327d. Derivative Works of this License. If you
328create or use a modified version of this License, which you may do only in
329order to
330apply it to software that is not already a Licensed Product under
331this License, you must rename your license so that it is not
332confusingly similar to this License, and must make it clear that
333your license contains terms that differ from this License. In
334so naming your license, you may not use any trademark of Licensor
335or any Contributor.
336
3378. Disclaimer of Warranty.
338
339LICENSED PRODUCT IS
340PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
341WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
342LIMITATION, WARRANTIES
343THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
344PARTICULAR PURPOSE OR
345NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
346LICENSED PRODUCT IS
347WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU
348(AND NOT THE LICENSOR OR
349ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
350OR CORRECTION. THIS
351DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
352USE OF LICENSED
353PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
354
3559. Termination.
356
357a. Automatic Termination Upon Breach. This
358license and the rights granted hereunder will terminate automatically if you
359fail to comply with the terms herein and fail to cure such breach
360within thirty (30) days of becoming aware of the breach.
361All sublicenses to the Licensed Product that are properly granted
362shall survive any termination of this license. Provisions
363that, by their nature, must remain in effect beyond the
364termination of this License, shall survive.
365
366b. Termination Upon Assertion of Patent
367Infringement. If you initiate litigation by asserting a patent
368infringement claim
369(excluding declaratory judgment actions) against Licensor or a
370Contributor (Licensor or Contributor against whom you file
371such an action is referred to herein as "Respondent") alleging
372that Licensed Product directly or indirectly infringes any
373patent, then any and all rights granted by such Respondent to you
374under Sections 1 or 2 of this License shall terminate
375prospectively upon sixty (60) days notice from Respondent (the
376"Notice Period") unless within that Notice Period you
377either agree in writing (i) to pay Respondent a mutually agreeable
378reasonably royalty for your past or future use of Licensed
379Product made by such Respondent, or (ii) withdraw your litigation
380claim with respect to Licensed Product against such
381Respondent. If within said Notice Period a reasonable royalty and
382payment arrangement are not mutually agreed upon in
383writing by the parties or the litigation claim is not withdrawn,
384the rights granted by Licensor to you under Sections 1 and 2
385automatically terminate at the expiration of said Notice
386Period.
387
388c. Reasonable Value of This License. If you assert a
389patent infringement claim against Respondent alleging that Licensed
390Product directly or indirectly infringes any patent where such
391claim is resolved (such as by license or settlement) prior to
392the initiation of patent infringement litigation, then the
393reasonable value of the licenses granted by said Respondent under
394Sections 1 and 2 shall be taken into account in determining the
395amount or value of any payment or license.
396
397d. No Retroactive Effect of Termination. In the
398event of termination under Sections 9(a) or 9(b) above, all end user license
399agreements (excluding licenses to distributors and reselle rs)
400that have been validly granted by you or any distributor
401hereunder prior to termination shall survive
402termination.
403
40410. Limitation of Liability.
405
406UNDER NO
407CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
408(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY
409CONTRIBUTOR, OR ANY
410DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
411BE LIABLE TO ANY PERSON
412FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
413CHARACTER INCLUDING,
414WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
415FAILURE OR
416MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
417SUCH PARTY SHALL
418HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
419LIABILITY SHALL NOT
420APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
421PARTY
422