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1
2MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1
3This Motosoto Open Source License (the "License") applies to
4"Community
5Portal Server" and related software products as well as any updatesor
6maintenance releases of that software ("Motosoto Products") that are
7distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto
8Product licensed pursuant to this License is a "Licensed Product."
9Licensed
10Product, in its entirety, is protected by Dutch copyright law.
11This
12License identifies the terms under which you may use, copy, distribute or
13modify
14Licensed Product and has been submitted to the Open Software Initiative (OSI)
15for approval.
16
17Preamble
18
19This Preamble is intended to describe, in plain English, the nature and scope
20of
21this License. However, this Preamble is not a part of this license. The legal
22effect of this License is dependent only upon the terms of the License and not
23this Preamble.
24This License complies with the Open Source Definition and has been approved by
25Open Source Initiative. Software distributed under this License may be marked
26as "OSI Certified Open Source Software."
27
28This License provides that:
29
301. You may use, sell or give away the Licensed Product, alone or as a
31component of an aggregate software distribution containing
32programs from several different sources. No royalty or other fee is
33required.
34
352. Both Source Code and executable versions of the Licensed Product,
36including Modifications made by previous Contributors, are
37available for your use. (The terms "Licensed Product,"
38"Modifications,"
39"Contributors" and "Source Code" are defined in the
40License.)
41
423. You are allowed to make Modifications to the Licensed Product, and you
43can create Derivative Works from it. (The term "Derivative
44Works" is defined in the License.)
45
464. By accepting the Licensed Product under the provisions of this License,
47you agree that any Modifications you make to the Licensed
48Product and then distribute are governed by the provisions of this
49License. In particular, you must make the Source Code of your
50Modifications available to others.
51
525. You may use the Licensed Product for any purpose, but the Licensor is
53not providing you any warranty whatsoever, nor is the Licensor
54accepting any liability in the event that the Licensed Product doesn't
55work properly or causes you any injury or damages.
56
576. If you sublicense the Licensed Product or Derivative Works, you may
58charge fees for warranty or support, or for accepting indemnity
59or liability obligations to your customers. You cannot charge for the
60Source Code.
61
627. If you assert any patent claims against the Licensor relating to the
63Licensed Product, or if you breach any terms of the License, your
64rights to the Licensed Product under this License automatically
65terminate.
66
67You may use this License to distribute your own Derivative Works, in which
68case the provisions of this License will apply to your Derivative
69Works just as they do to the original Licensed Product.
70
71Alternatively, you may distribute your Derivative Works under any other
72OSI-approved Open Source license, or under a proprietary license of
73your choice. If you use any license other than this License, however, you must
74continue to fulfill the requirements of this License (including the
75provisions relating to publishing the Source Code) for those portions of your
76Derivative Works that consist of the Licensed Product, including
77the files containing Modifications.
78
79New versions of this License may be published from time to time. You may
80choose to continue to use the license terms in this version of the
81License or those from the new version. However, only the Licensor has the right
82to change the License terms as they apply to the Licensed
83Product.
84This License relies on precise definitions for certain terms. Those terms are
85defined when they are first used, and the definitions are repeated for
86your convenience in a Glossary at the end of the License.
87
88License Terms
89
901. Grant of License From Licensor.
91
92Licensor
93hereby grants you a world-wide, royalty-free, non-exclusive license, subject to
94third
95party intellectual property claims, to do the following:
96
97a. Use, reproduce, modify, display, perform, sublicense and
98distribute Licensed Product or portions thereof (including
99Modifications as hereinafter defined), in both Source Code or as
100an executable program. "Source Code" means the preferred
101form for making modifications to the Licensed Product, including
102all modules contained therein, plus any associated
103interface definition files, scripts used to control compilation
104and installation of an executable program, or a list of
105differential comparisons against the Source Code of the Licensed
106Product.
107
108b. Create Derivative Works (as that term is defined under Dutch
109copyright law) of Licensed Product by adding to or deleting
110from the substance or structure of said Licensed Product.
111
112c. Under claims of patents now or hereafter owned or controlled
113by Licensor, to make, use, sell, offer for sale, have made,
114and/or otherwise dispose of Licensed Product or portions thereof,
115but solely to the extent that any such claim is necessary to
116enable you to make, use, sell, offer for sale, have made, and/or
117otherwise dispose of Licensed Product or portions thereof or
118Derivative Works thereof.
119
1202. Grant of License to Modifications From
121Contributor.
122
123"Modifications" means any additions to or
124deletions from the substance or
125structure of (i) a file containing Licensed Product, or (ii) any new file
126that contains any part of Licensed Product. Hereinafter in this
127License, the term "Licensed Product" shall include all previous
128Modifications that you receive from any Contributor. By
129application of the provisions in Section 4(a) below, each person or
130entity who created or contributed to the creation of, and distributed,
131a Modification (a "Contributor") hereby grants you a world-wide,
132royalty-free, non-exclusive license, subject to third party
133intellectual property claims, to do the following:
134
135a. Use, reproduce, modify, display, perform, sublicense and
136distribute any Modifications created by such Contributor or
137portions thereof, in both Source Code or as an executable program,
138either on an unmodified basis or as part of Derivative
139Works.
140
141b. Under claims of patents now or hereafter owned or controlled by
142Contributor, to make, use, sell, offer for sale, have made,
143and/or otherwise dispose of Modifications or portions thereof, but
144solely to the extent that any such claim is necessary to
145enable you to make, use, sell, offer for sale, have made, and/or
146otherwise dispose of Modifications or portions thereof or
147Derivative Works thereof.
148
1493. Exclusions From License Grant.
150
151Nothing in
152this License shall be deemed to grant any rights to trademarks, copyrights,
153patents,
154trade secrets or any other intellectual property of Licensor or any
155Contributor except as expressly stated herein. No patent license is
156granted separate from the Licensed Product, for code that you delete from
157the Licensed Product, or for combinations of the Licensed
158Product with other software or hardware. No right is granted to the
159trademarks of Licensor or any Contributor even if such marks are
160included in the Licensed Product. Nothing in this License shall be
161interpreted to prohibit Licensor from licensing under different
162terms from this License any code that Licensor otherwise would have a
163right to license.
164
1654. Your Obligations Regarding Distribution.
166
167a. Application of This License to Your
168Modifications. As an express condition for your use of the Licensed
169Product, you
170hereby agree that any Modifications that you create or to which
171you contribute, and which you distribute, are governed by the
172terms of this License including, without limitation, Section 2.
173Any Modifications that you create or to which you contribute
174may be distributed only under the terms of this License or a
175future version of this License released under Section 7. You must
176include a copy of this License with every copy of the
177Modifications you distribute. You agree not to offer or impose any
178terms on any Source Code or executable version of the Licensed
179Product or Modifications that alter or restrict the applicable
180version of this License or the recipients' rights hereunder.
181However, you may include an additional document offering the
182additional rights described in Section 4(e).
183
184b. Availability of Source Code. You must make
185available, under the terms of this License, the Source Code of the Licensed
186Product and any Modifications that you distribute, either on the
187same media as you distribute any executable or other form
188of the Licensed Product, or via a mechanism generally accepted in
189the software development community for the electronic
190transfer of data (an "Electronic Distribution Mechanism"). The
191Source Code for any version of Licensed Product or
192Modifications that you distribute must remain available for at
193least twelve (12) months after the date it initially became
194available, or at least six (6) months after a subsequent version
195of said Licensed Product or Modifications has been made
196available. You are responsible for ensuring that the Source Code
197version remains available even if the Electronic Distribution
198Mechanism is maintained by a third party.
199
200c. Description of Modifications. You must cause any
201Modifications that you create or to which you contribute, and which
202you distribute, to contain a file documenting the additions,
203changes or deletions you made to create or contribute to those
204Modifications, and the dates of any such additions, changes or
205deletions. You must include a prominent statement that the
206Modifications are derived, directly or indirectly, from the
207Licensed Product and include the names of the Licensor and any
208Contributor to the Licensed Product in (i) the Source Code and
209(ii) in any notice displayed by a version of the Licensed
210Product you distribute or in related documentation in which you
211describe the origin or ownership of the Licensed Product.
212You may not modify or delete any preexisting copyright notices in
213the Licensed Product.
214
215d. Intellectual Property Matters.
216
217i. Third Party Claims. If you have
218knowledge that a license to a third party's intellectual property right is
219required
220to exercise the rights granted by this License, you must
221include a text file with the Source Code distribution titled
222"LEGAL" that describes the claim and the party making the
223claim in sufficient detail that a recipient will know
224whom to contact. If you obtain such knowledge after you make
225any Modifications available as described in Section
2264(b), you shall promptly modify the LEGAL file in all copies
227you make available thereafter and shall take other
228steps (such as notifying appropriate mailing lists or
229newsgroups) reasonably calculated to inform those who
230received the Licensed Product from you that new knowledge
231has been obtained.
232
233ii. Contributor APIs. If your
234Modifications include an application programming interface ("API")
235and you have
236knowledge of patent licenses that are reasonably necessary
237to implement that API, you must also include this
238information in the LEGAL file.
239
240iii. Representations. You represent that,
241except as disclosed pursuant to 4(d)(i) above, you believe that any
242Modifications you distribute are your original creations and
243that you have sufficient rights to grant the rights
244conveyed by this License.
245
246e. Required Notices. You must duplicate this
247License in any documentation you provide along with the Source Code of any
248Modifications you create or to which you contribute, and which you
249distribute, wherever you describe recipients' rights
250relating to Licensed Product. You must duplicate the notice
251contained in Exhibit A (the "Notice") in each file of the Source
252Code of any copy you distribute of the Licensed Product. If you
253created a Modification, you may add your name as a
254Contributor to the Notice. If it is not possible to put the Notice
255in a particular Source Code file due to its structure, then
256you must include such Notice in a location (such as a relevant
257directory file) where a user would be likely to look for such a
258notice. You may choose to offer, and charge a fee for, warranty,
259support, indemnity or liability obligations to one or more
260recipients of Licensed Product. However, you may do so only on
261your own behalf, and not on behalf of the Licensor or any
262Contributor. You must make it clear that any such warranty,
263support, indemnity or liability obligation is offered by you
264alone, and you hereby agree to indemnify the Licensor and every
265Contributor for any liability incurred by the Licensor or such
266Contributor as a result of warranty, support, indemnity or
267liability terms you offer.
268
269f. Distribution of Executable Versions. You may
270distribute Licensed Product as an executable program under a license of
271your choice that may contain terms different from this License
272provided (i) you have satisfied the requirements of Sections
2734(a) through 4(e) for that distribution, (ii) you include a
274conspicuous notice in the executable version, related documentation
275and collateral materials stating that the Source Code version of
276the Licensed Product is available under the terms of this
277License, including a description of how and where you have
278fulfilled the obligations of Section 4(b), (iii) you retain all
279existing copyright notices in the Licensed Product, and (iv) you
280make it clear that any terms that differ from this License are
281offered by you alone, not by Licensor or any Contributor. You
282hereby agree to indemnify the Licensor and every Contributor
283for any liability incurred by Licensor or such Contributor as a
284result of any terms you offer.
285
286g. Distribution of Derivative Works. You may
287create Derivative Works (e.g., combinations of some or all of the Licensed
288Product with other code) and distribute the Derivative Works as
289products under any other license you select, with the
290proviso that the requirements of this License are fulfilled for
291those portions of the Derivative Works that consist of the
292Licensed Product or any Modifications thereto.
293
2945. Inability to Comply Due to Statute or
295Regulation.
296
297If it is impossible for you to comply with any of
298the terms of this License with
299respect to some or all of the Licensed Product due to statute, judicial
300order, or regulation, then you must (i) comply with the terms of
301this License to the maximum extent possible, (ii) cite the statute or
302regulation that prohibits you from adhering to the License, and
303(iii) describe the limitations and the code they affect. Such description
304must be included in the LEGAL file described in Section 4(d),
305and must be included with all distributions of the Source Code. Except to
306the extent prohibited by statute or regulation, such
307description must be sufficiently detailed for a recipient of ordinary
308skill at computer programming to be able to understand it.
309
3106. Application of This License.
311
312This License
313applies to code to which Licensor or Contributor has attached the Notice in
314Exhibit A,
315which is incorporated herein by this reference.
316
3177. Versions of This License.
318
319a. Version. The Motosoto Open Source License is
320derived from the Jabber Open Source License. All changes are related to
321applicable law and the location of court.
322
323b. New Versions. Licensor may publish from time to
324time revised and/or new versions of the License.
325
326c. Effect of New Versions. Once Licensed Product
327has been published under a particular version of the License, you may always
328continue to use it under the terms of that version. You may also
329choose to use such Licensed Product under the terms of any
330subsequent version of the License published by Licensor. No one
331other than Lic ensor has the right to modify the terms
332applicable to Licensed Product created under this License.
333
334d. Derivative Works of this License. If you
335create or use a modified version of this License, which you may do only in
336order to
337apply it to software that is not already a Licensed Product under
338this License, you must rename your license so that it is not
339confusingly similar to this License, and must make it clear that
340your license contains terms that differ from this License. In
341so naming your license, you may not use any trademark of Licensor
342or any Contributor.
343
3448. Disclaimer of Warranty.
345
346LICENSED PRODUCT IS
347PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
348WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
349LIMITATION, WARRANTIES
350THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
351PARTICULAR PURPOSE OR
352NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
353LICENSED PRODUCT IS
354WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU
355(AND NOT THE LICENSOR OR
356ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
357OR CORRECTION. THIS
358DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
359USE OF LICENSED
360PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
361
3629. Termination.
363
364a. Automatic Termination Upon Breach. This
365license and the rights granted hereunder will terminate automatically if you
366fail to comply with the terms herein and fail to cure such breach
367within thirty (30) days of becoming aware of the breach.
368All sublicenses to the Licensed Product that are properly granted
369shall survive any termination of this license. Provisions
370that, by their nature, must remain in effect beyond the
371termination of this License, shall survive.
372
373b. Termination Upon Assertion of Patent
374Infringement. If you initiate litigation by asserting a patent
375infringement claim
376(excluding declaratory judgment actions) against Licensor or a
377Contributor (Licensor or Contributor against whom you file
378such an action is referred to herein as "Respondent") alleging
379that Licensed Product directly or indirectly infringes any
380patent, then any and all rights granted by such Respondent to you
381under Sections 1 or 2 of this License shall terminate
382prospectively upon sixty (60) days notice from Respondent (the
383"Notice Period") unless within that Notice Period you
384either agree in writing (i) to pay Respondent a mutually agreeable
385reasonably royalty for your past or future use of Licensed
386Product made by such Respondent, or (ii) withdraw your litigation
387claim with respect to Licensed Product against such
388Respondent. If within said Notice Period a reasonable royalty and
389payment arrangement are not mutually agreed upon in
390writing by the parties or the litigation claim is not withdrawn,
391the rights granted by Licensor to you under Sections 1 and 2
392automatically terminate at the expiration of said Notice
393Period.
394
395c. Reasonable Value of This License. If you assert a
396patent infringement claim against Respondent alleging that Licensed
397Product directly or indirectly infringes any patent where such
398claim is resolved (such as by license or settlement) prior to
399the initiation of patent infringement litigation, then the
400reasonable value of the licenses granted by said Respondent under
401Sections 1 and 2 shall be taken into account in determining the
402amount or value of any payment or license.
403
404d. No Retroactive Effect of Termination. In the
405event of termination under Sections 9(a) or 9(b) above, all end user license
406agreements (excluding licenses to distributors and reselle rs)
407that have been validly granted by you or any distributor
408hereunder prior to termination shall survive
409termination.
410
41110. Limitation of Liability.
412
413UNDER NO
414CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
415(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY
416CONTRIBUTOR, OR ANY
417DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
418BE LIABLE TO ANY PERSON
419FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
420CHARACTER INCLUDING,
421WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
422FAILURE OR
423MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
424SUCH PARTY SHALL
425HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
426LIABILITY SHALL NOT
427APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
428PARTY
429
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