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2 | MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1 | ||
3 | This Motosoto Open Source License (the "License") applies to | ||
4 | "Community | ||
5 | Portal Server" and related software products as well as any updatesor | ||
6 | maintenance releases of that software ("Motosoto Products") that are | ||
7 | distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto | ||
8 | Product licensed pursuant to this License is a "Licensed Product." | ||
9 | Licensed | ||
10 | Product, in its entirety, is protected by Dutch copyright law. | ||
11 | This | ||
12 | License identifies the terms under which you may use, copy, distribute or | ||
13 | modify | ||
14 | Licensed Product and has been submitted to the Open Software Initiative (OSI) | ||
15 | for approval. | ||
16 | |||
17 | Preamble | ||
18 | |||
19 | This Preamble is intended to describe, in plain English, the nature and scope | ||
20 | of | ||
21 | this License. However, this Preamble is not a part of this license. The legal | ||
22 | effect of this License is dependent only upon the terms of the License and not | ||
23 | this Preamble. | ||
24 | This License complies with the Open Source Definition and has been approved by | ||
25 | Open Source Initiative. Software distributed under this License may be marked | ||
26 | as "OSI Certified Open Source Software." | ||
27 | |||
28 | This License provides that: | ||
29 | |||
30 | 1. You may use, sell or give away the Licensed Product, alone or as a | ||
31 | component of an aggregate software distribution containing | ||
32 | programs from several different sources. No royalty or other fee is | ||
33 | required. | ||
34 | |||
35 | 2. Both Source Code and executable versions of the Licensed Product, | ||
36 | including Modifications made by previous Contributors, are | ||
37 | available for your use. (The terms "Licensed Product," | ||
38 | "Modifications," | ||
39 | "Contributors" and "Source Code" are defined in the | ||
40 | License.) | ||
41 | |||
42 | 3. You are allowed to make Modifications to the Licensed Product, and you | ||
43 | can create Derivative Works from it. (The term "Derivative | ||
44 | Works" is defined in the License.) | ||
45 | |||
46 | 4. By accepting the Licensed Product under the provisions of this License, | ||
47 | you agree that any Modifications you make to the Licensed | ||
48 | Product and then distribute are governed by the provisions of this | ||
49 | License. In particular, you must make the Source Code of your | ||
50 | Modifications available to others. | ||
51 | |||
52 | 5. You may use the Licensed Product for any purpose, but the Licensor is | ||
53 | not providing you any warranty whatsoever, nor is the Licensor | ||
54 | accepting any liability in the event that the Licensed Product doesn't | ||
55 | work properly or causes you any injury or damages. | ||
56 | |||
57 | 6. If you sublicense the Licensed Product or Derivative Works, you may | ||
58 | charge fees for warranty or support, or for accepting indemnity | ||
59 | or liability obligations to your customers. You cannot charge for the | ||
60 | Source Code. | ||
61 | |||
62 | 7. If you assert any patent claims against the Licensor relating to the | ||
63 | Licensed Product, or if you breach any terms of the License, your | ||
64 | rights to the Licensed Product under this License automatically | ||
65 | terminate. | ||
66 | |||
67 | You may use this License to distribute your own Derivative Works, in which | ||
68 | case the provisions of this License will apply to your Derivative | ||
69 | Works just as they do to the original Licensed Product. | ||
70 | |||
71 | Alternatively, you may distribute your Derivative Works under any other | ||
72 | OSI-approved Open Source license, or under a proprietary license of | ||
73 | your choice. If you use any license other than this License, however, you must | ||
74 | continue to fulfill the requirements of this License (including the | ||
75 | provisions relating to publishing the Source Code) for those portions of your | ||
76 | Derivative Works that consist of the Licensed Product, including | ||
77 | the files containing Modifications. | ||
78 | |||
79 | New versions of this License may be published from time to time. You may | ||
80 | choose to continue to use the license terms in this version of the | ||
81 | License or those from the new version. However, only the Licensor has the right | ||
82 | to change the License terms as they apply to the Licensed | ||
83 | Product. | ||
84 | This License relies on precise definitions for certain terms. Those terms are | ||
85 | defined when they are first used, and the definitions are repeated for | ||
86 | your convenience in a Glossary at the end of the License. | ||
87 | |||
88 | License Terms | ||
89 | |||
90 | 1. Grant of License From Licensor. | ||
91 | |||
92 | Licensor | ||
93 | hereby grants you a world-wide, royalty-free, non-exclusive license, subject to | ||
94 | third | ||
95 | party intellectual property claims, to do the following: | ||
96 | |||
97 | a. Use, reproduce, modify, display, perform, sublicense and | ||
98 | distribute Licensed Product or portions thereof (including | ||
99 | Modifications as hereinafter defined), in both Source Code or as | ||
100 | an executable program. "Source Code" means the preferred | ||
101 | form for making modifications to the Licensed Product, including | ||
102 | all modules contained therein, plus any associated | ||
103 | interface definition files, scripts used to control compilation | ||
104 | and installation of an executable program, or a list of | ||
105 | differential comparisons against the Source Code of the Licensed | ||
106 | Product. | ||
107 | |||
108 | b. Create Derivative Works (as that term is defined under Dutch | ||
109 | copyright law) of Licensed Product by adding to or deleting | ||
110 | from the substance or structure of said Licensed Product. | ||
111 | |||
112 | c. Under claims of patents now or hereafter owned or controlled | ||
113 | by Licensor, to make, use, sell, offer for sale, have made, | ||
114 | and/or otherwise dispose of Licensed Product or portions thereof, | ||
115 | but solely to the extent that any such claim is necessary to | ||
116 | enable you to make, use, sell, offer for sale, have made, and/or | ||
117 | otherwise dispose of Licensed Product or portions thereof or | ||
118 | Derivative Works thereof. | ||
119 | |||
120 | 2. Grant of License to Modifications From | ||
121 | Contributor. | ||
122 | |||
123 | "Modifications" means any additions to or | ||
124 | deletions from the substance or | ||
125 | structure of (i) a file containing Licensed Product, or (ii) any new file | ||
126 | that contains any part of Licensed Product. Hereinafter in this | ||
127 | License, the term "Licensed Product" shall include all previous | ||
128 | Modifications that you receive from any Contributor. By | ||
129 | application of the provisions in Section 4(a) below, each person or | ||
130 | entity who created or contributed to the creation of, and distributed, | ||
131 | a Modification (a "Contributor") hereby grants you a world-wide, | ||
132 | royalty-free, non-exclusive license, subject to third party | ||
133 | intellectual property claims, to do the following: | ||
134 | |||
135 | a. Use, reproduce, modify, display, perform, sublicense and | ||
136 | distribute any Modifications created by such Contributor or | ||
137 | portions thereof, in both Source Code or as an executable program, | ||
138 | either on an unmodified basis or as part of Derivative | ||
139 | Works. | ||
140 | |||
141 | b. Under claims of patents now or hereafter owned or controlled by | ||
142 | Contributor, to make, use, sell, offer for sale, have made, | ||
143 | and/or otherwise dispose of Modifications or portions thereof, but | ||
144 | solely to the extent that any such claim is necessary to | ||
145 | enable you to make, use, sell, offer for sale, have made, and/or | ||
146 | otherwise dispose of Modifications or portions thereof or | ||
147 | Derivative Works thereof. | ||
148 | |||
149 | 3. Exclusions From License Grant. | ||
150 | |||
151 | Nothing in | ||
152 | this License shall be deemed to grant any rights to trademarks, copyrights, | ||
153 | patents, | ||
154 | trade secrets or any other intellectual property of Licensor or any | ||
155 | Contributor except as expressly stated herein. No patent license is | ||
156 | granted separate from the Licensed Product, for code that you delete from | ||
157 | the Licensed Product, or for combinations of the Licensed | ||
158 | Product with other software or hardware. No right is granted to the | ||
159 | trademarks of Licensor or any Contributor even if such marks are | ||
160 | included in the Licensed Product. Nothing in this License shall be | ||
161 | interpreted to prohibit Licensor from licensing under different | ||
162 | terms from this License any code that Licensor otherwise would have a | ||
163 | right to license. | ||
164 | |||
165 | 4. Your Obligations Regarding Distribution. | ||
166 | |||
167 | a. Application of This License to Your | ||
168 | Modifications. As an express condition for your use of the Licensed | ||
169 | Product, you | ||
170 | hereby agree that any Modifications that you create or to which | ||
171 | you contribute, and which you distribute, are governed by the | ||
172 | terms of this License including, without limitation, Section 2. | ||
173 | Any Modifications that you create or to which you contribute | ||
174 | may be distributed only under the terms of this License or a | ||
175 | future version of this License released under Section 7. You must | ||
176 | include a copy of this License with every copy of the | ||
177 | Modifications you distribute. You agree not to offer or impose any | ||
178 | terms on any Source Code or executable version of the Licensed | ||
179 | Product or Modifications that alter or restrict the applicable | ||
180 | version of this License or the recipients' rights hereunder. | ||
181 | However, you may include an additional document offering the | ||
182 | additional rights described in Section 4(e). | ||
183 | |||
184 | b. Availability of Source Code. You must make | ||
185 | available, under the terms of this License, the Source Code of the Licensed | ||
186 | Product and any Modifications that you distribute, either on the | ||
187 | same media as you distribute any executable or other form | ||
188 | of the Licensed Product, or via a mechanism generally accepted in | ||
189 | the software development community for the electronic | ||
190 | transfer of data (an "Electronic Distribution Mechanism"). The | ||
191 | Source Code for any version of Licensed Product or | ||
192 | Modifications that you distribute must remain available for at | ||
193 | least twelve (12) months after the date it initially became | ||
194 | available, or at least six (6) months after a subsequent version | ||
195 | of said Licensed Product or Modifications has been made | ||
196 | available. You are responsible for ensuring that the Source Code | ||
197 | version remains available even if the Electronic Distribution | ||
198 | Mechanism is maintained by a third party. | ||
199 | |||
200 | c. Description of Modifications. You must cause any | ||
201 | Modifications that you create or to which you contribute, and which | ||
202 | you distribute, to contain a file documenting the additions, | ||
203 | changes or deletions you made to create or contribute to those | ||
204 | Modifications, and the dates of any such additions, changes or | ||
205 | deletions. You must include a prominent statement that the | ||
206 | Modifications are derived, directly or indirectly, from the | ||
207 | Licensed Product and include the names of the Licensor and any | ||
208 | Contributor to the Licensed Product in (i) the Source Code and | ||
209 | (ii) in any notice displayed by a version of the Licensed | ||
210 | Product you distribute or in related documentation in which you | ||
211 | describe the origin or ownership of the Licensed Product. | ||
212 | You may not modify or delete any preexisting copyright notices in | ||
213 | the Licensed Product. | ||
214 | |||
215 | d. Intellectual Property Matters. | ||
216 | |||
217 | i. Third Party Claims. If you have | ||
218 | knowledge that a license to a third party's intellectual property right is | ||
219 | required | ||
220 | to exercise the rights granted by this License, you must | ||
221 | include a text file with the Source Code distribution titled | ||
222 | "LEGAL" that describes the claim and the party making the | ||
223 | claim in sufficient detail that a recipient will know | ||
224 | whom to contact. If you obtain such knowledge after you make | ||
225 | any Modifications available as described in Section | ||
226 | 4(b), you shall promptly modify the LEGAL file in all copies | ||
227 | you make available thereafter and shall take other | ||
228 | steps (such as notifying appropriate mailing lists or | ||
229 | newsgroups) reasonably calculated to inform those who | ||
230 | received the Licensed Product from you that new knowledge | ||
231 | has been obtained. | ||
232 | |||
233 | ii. Contributor APIs. If your | ||
234 | Modifications include an application programming interface ("API") | ||
235 | and you have | ||
236 | knowledge of patent licenses that are reasonably necessary | ||
237 | to implement that API, you must also include this | ||
238 | information in the LEGAL file. | ||
239 | |||
240 | iii. Representations. You represent that, | ||
241 | except as disclosed pursuant to 4(d)(i) above, you believe that any | ||
242 | Modifications you distribute are your original creations and | ||
243 | that you have sufficient rights to grant the rights | ||
244 | conveyed by this License. | ||
245 | |||
246 | e. Required Notices. You must duplicate this | ||
247 | License in any documentation you provide along with the Source Code of any | ||
248 | Modifications you create or to which you contribute, and which you | ||
249 | distribute, wherever you describe recipients' rights | ||
250 | relating to Licensed Product. You must duplicate the notice | ||
251 | contained in Exhibit A (the "Notice") in each file of the Source | ||
252 | Code of any copy you distribute of the Licensed Product. If you | ||
253 | created a Modification, you may add your name as a | ||
254 | Contributor to the Notice. If it is not possible to put the Notice | ||
255 | in a particular Source Code file due to its structure, then | ||
256 | you must include such Notice in a location (such as a relevant | ||
257 | directory file) where a user would be likely to look for such a | ||
258 | notice. You may choose to offer, and charge a fee for, warranty, | ||
259 | support, indemnity or liability obligations to one or more | ||
260 | recipients of Licensed Product. However, you may do so only on | ||
261 | your own behalf, and not on behalf of the Licensor or any | ||
262 | Contributor. You must make it clear that any such warranty, | ||
263 | support, indemnity or liability obligation is offered by you | ||
264 | alone, and you hereby agree to indemnify the Licensor and every | ||
265 | Contributor for any liability incurred by the Licensor or such | ||
266 | Contributor as a result of warranty, support, indemnity or | ||
267 | liability terms you offer. | ||
268 | |||
269 | f. Distribution of Executable Versions. You may | ||
270 | distribute Licensed Product as an executable program under a license of | ||
271 | your choice that may contain terms different from this License | ||
272 | provided (i) you have satisfied the requirements of Sections | ||
273 | 4(a) through 4(e) for that distribution, (ii) you include a | ||
274 | conspicuous notice in the executable version, related documentation | ||
275 | and collateral materials stating that the Source Code version of | ||
276 | the Licensed Product is available under the terms of this | ||
277 | License, including a description of how and where you have | ||
278 | fulfilled the obligations of Section 4(b), (iii) you retain all | ||
279 | existing copyright notices in the Licensed Product, and (iv) you | ||
280 | make it clear that any terms that differ from this License are | ||
281 | offered by you alone, not by Licensor or any Contributor. You | ||
282 | hereby agree to indemnify the Licensor and every Contributor | ||
283 | for any liability incurred by Licensor or such Contributor as a | ||
284 | result of any terms you offer. | ||
285 | |||
286 | g. Distribution of Derivative Works. You may | ||
287 | create Derivative Works (e.g., combinations of some or all of the Licensed | ||
288 | Product with other code) and distribute the Derivative Works as | ||
289 | products under any other license you select, with the | ||
290 | proviso that the requirements of this License are fulfilled for | ||
291 | those portions of the Derivative Works that consist of the | ||
292 | Licensed Product or any Modifications thereto. | ||
293 | |||
294 | 5. Inability to Comply Due to Statute or | ||
295 | Regulation. | ||
296 | |||
297 | If it is impossible for you to comply with any of | ||
298 | the terms of this License with | ||
299 | respect to some or all of the Licensed Product due to statute, judicial | ||
300 | order, or regulation, then you must (i) comply with the terms of | ||
301 | this License to the maximum extent possible, (ii) cite the statute or | ||
302 | regulation that prohibits you from adhering to the License, and | ||
303 | (iii) describe the limitations and the code they affect. Such description | ||
304 | must be included in the LEGAL file described in Section 4(d), | ||
305 | and must be included with all distributions of the Source Code. Except to | ||
306 | the extent prohibited by statute or regulation, such | ||
307 | description must be sufficiently detailed for a recipient of ordinary | ||
308 | skill at computer programming to be able to understand it. | ||
309 | |||
310 | 6. Application of This License. | ||
311 | |||
312 | This License | ||
313 | applies to code to which Licensor or Contributor has attached the Notice in | ||
314 | Exhibit A, | ||
315 | which is incorporated herein by this reference. | ||
316 | |||
317 | 7. Versions of This License. | ||
318 | |||
319 | a. Version. The Motosoto Open Source License is | ||
320 | derived from the Jabber Open Source License. All changes are related to | ||
321 | applicable law and the location of court. | ||
322 | |||
323 | b. New Versions. Licensor may publish from time to | ||
324 | time revised and/or new versions of the License. | ||
325 | |||
326 | c. Effect of New Versions. Once Licensed Product | ||
327 | has been published under a particular version of the License, you may always | ||
328 | continue to use it under the terms of that version. You may also | ||
329 | choose to use such Licensed Product under the terms of any | ||
330 | subsequent version of the License published by Licensor. No one | ||
331 | other than Lic ensor has the right to modify the terms | ||
332 | applicable to Licensed Product created under this License. | ||
333 | |||
334 | d. Derivative Works of this License. If you | ||
335 | create or use a modified version of this License, which you may do only in | ||
336 | order to | ||
337 | apply it to software that is not already a Licensed Product under | ||
338 | this License, you must rename your license so that it is not | ||
339 | confusingly similar to this License, and must make it clear that | ||
340 | your license contains terms that differ from this License. In | ||
341 | so naming your license, you may not use any trademark of Licensor | ||
342 | or any Contributor. | ||
343 | |||
344 | 8. Disclaimer of Warranty. | ||
345 | |||
346 | LICENSED PRODUCT IS | ||
347 | PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT | ||
348 | WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT | ||
349 | LIMITATION, WARRANTIES | ||
350 | THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A | ||
351 | PARTICULAR PURPOSE OR | ||
352 | NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE | ||
353 | LICENSED PRODUCT IS | ||
354 | WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU | ||
355 | (AND NOT THE LICENSOR OR | ||
356 | ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR | ||
357 | OR CORRECTION. THIS | ||
358 | DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO | ||
359 | USE OF LICENSED | ||
360 | PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | ||
361 | |||
362 | 9. Termination. | ||
363 | |||
364 | a. Automatic Termination Upon Breach. This | ||
365 | license and the rights granted hereunder will terminate automatically if you | ||
366 | fail to comply with the terms herein and fail to cure such breach | ||
367 | within thirty (30) days of becoming aware of the breach. | ||
368 | All sublicenses to the Licensed Product that are properly granted | ||
369 | shall survive any termination of this license. Provisions | ||
370 | that, by their nature, must remain in effect beyond the | ||
371 | termination of this License, shall survive. | ||
372 | |||
373 | b. Termination Upon Assertion of Patent | ||
374 | Infringement. If you initiate litigation by asserting a patent | ||
375 | infringement claim | ||
376 | (excluding declaratory judgment actions) against Licensor or a | ||
377 | Contributor (Licensor or Contributor against whom you file | ||
378 | such an action is referred to herein as "Respondent") alleging | ||
379 | that Licensed Product directly or indirectly infringes any | ||
380 | patent, then any and all rights granted by such Respondent to you | ||
381 | under Sections 1 or 2 of this License shall terminate | ||
382 | prospectively upon sixty (60) days notice from Respondent (the | ||
383 | "Notice Period") unless within that Notice Period you | ||
384 | either agree in writing (i) to pay Respondent a mutually agreeable | ||
385 | reasonably royalty for your past or future use of Licensed | ||
386 | Product made by such Respondent, or (ii) withdraw your litigation | ||
387 | claim with respect to Licensed Product against such | ||
388 | Respondent. If within said Notice Period a reasonable royalty and | ||
389 | payment arrangement are not mutually agreed upon in | ||
390 | writing by the parties or the litigation claim is not withdrawn, | ||
391 | the rights granted by Licensor to you under Sections 1 and 2 | ||
392 | automatically terminate at the expiration of said Notice | ||
393 | Period. | ||
394 | |||
395 | c. Reasonable Value of This License. If you assert a | ||
396 | patent infringement claim against Respondent alleging that Licensed | ||
397 | Product directly or indirectly infringes any patent where such | ||
398 | claim is resolved (such as by license or settlement) prior to | ||
399 | the initiation of patent infringement litigation, then the | ||
400 | reasonable value of the licenses granted by said Respondent under | ||
401 | Sections 1 and 2 shall be taken into account in determining the | ||
402 | amount or value of any payment or license. | ||
403 | |||
404 | d. No Retroactive Effect of Termination. In the | ||
405 | event of termination under Sections 9(a) or 9(b) above, all end user license | ||
406 | agreements (excluding licenses to distributors and reselle rs) | ||
407 | that have been validly granted by you or any distributor | ||
408 | hereunder prior to termination shall survive | ||
409 | termination. | ||
410 | |||
411 | 10. Limitation of Liability. | ||
412 | |||
413 | UNDER NO | ||
414 | CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT | ||
415 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY | ||
416 | CONTRIBUTOR, OR ANY | ||
417 | DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, | ||
418 | BE LIABLE TO ANY PERSON | ||
419 | FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY | ||
420 | CHARACTER INCLUDING, | ||
421 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER | ||
422 | FAILURE OR | ||
423 | MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF | ||
424 | SUCH PARTY SHALL | ||
425 | HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF | ||
426 | LIABILITY SHALL NOT | ||
427 | APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH | ||
428 | PARTY | ||
429 | |||
430 | |||
431 | |||
432 | |||
433 | |||
434 | |||