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 422 423