path: root/common/Motosoto

MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1 (Motosoto)
This Motosoto Open Source License (the "License") applies to "Community Portal
Server" and related software products as well as any updatesor maintenance
releases of that software ("Motosoto Products") that are distributed by
Motosoto.Com B.V. ("Licensor"). Any Motosoto Product licensed pursuant to this
License is a "Licensed Product." Licensed Product, in its entirety, is protected
by Dutch copyright law. This License identifies the terms under which you may
use, copy, distribute or modify Licensed Product and has been submitted to the
Open Software Initiative (OSI) for approval.

Preamble

This Preamble is intended to describe, in plain English, the nature and scope of
this License. However, this Preamble is not a part of this license. The legal
effect of this License is dependent only upon the terms of the License and not
this Preamble. This License complies with the Open Source Definition and has
been approved by Open Source Initiative. Software distributed under this License
may be marked as "OSI Certified Open Source Software."

This License provides that:

1. You may use, sell or give away the Licensed Product, alone or as a component
of an aggregate software distribution containing programs from several different
sources. No royalty or other fee is required.

2. Both Source Code and executable versions of the Licensed Product, including
Modifications made by previous Contributors, are available for your use. (The
terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are
defined in the License.)

3. You are allowed to make Modifications to the Licensed Product, and you can
create Derivative Works from it. (The term "Derivative Works" is defined in the
License.)

4. By accepting the Licensed Product under the provisions of this License, you
agree that any Modifications you make to the Licensed Product and then distribute
are governed by the provisions of this License. In particular, you must make the
Source Code of your Modifications available to others.

5. You may use the Licensed Product for any purpose, but the Licensor is not
providing you any warranty whatsoever, nor is the Licensor accepting any
liability in the event that the Licensed Product doesn't work properly or causes
you any injury or damages.

6. If you sublicense the Licensed Product or Derivative Works, you may charge
fees for warranty or support, or for accepting indemnity or liability obligations
to your customers. You cannot charge for the Source Code.

7. If you assert any patent claims against the Licensor relating to the Licensed
Product, or if you breach any terms of the License, your rights to the Licensed
Product under this License automatically terminate.

You may use this License to distribute your own Derivative Works, in which case
the provisions of this License will apply to your Derivative Works just as they
do to the original Licensed Product.

Alternatively, you may distribute your Derivative Works under any other
OSI-approved Open Source license, or under a proprietary license of your choice.
If you use any license other than this License, however, you must continue to
fulfill the requirements of this License (including the provisions relating to
publishing the Source Code) for those portions of your Derivative Works that
consist of the Licensed Product, including the files containing Modifications.

New versions of this License may be published from time to time. You may choose
to continue to use the license terms in this version of the License or those
from the new version. However, only the Licensor has the right to change the
License terms as they apply to the Licensed Product. This License relies on
precise definitions for certain terms. Those terms are defined when they are
first used, and the definitions are repeated for your convenience in a Glossary
at the end of the License.

License Terms

1. Grant of License From Licensor.

Licensor hereby grants you a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, to do the following:

  a. Use, reproduce, modify, display, perform, sublicense and distribute
  Licensed Product or portions thereof (including Modifications as hereinafter
  defined), in both Source Code or as an executable program. "Source Code"
  means the preferred form for making modifications to the Licensed Product,
  including all modules contained therein, plus any associated interface
  definition files, scripts used to control compilation and installation of an
  executable program, or a list of differential comparisons against the Source
  Code of the Licensed Product.

  b. Create Derivative Works (as that term is defined under Dutch copyright law)
  of Licensed Product by adding to or deleting from the substance or structure
  of said Licensed Product.

  c. Under claims of patents now or hereafter owned or controlled by Licensor,
  to make, use, sell, offer for sale, have made, and/or otherwise dispose of
  Licensed Product or portions thereof, but solely to the extent that any such
  claim is necessary to enable you to make, use, sell, offer for sale, have
  made, and/or otherwise dispose of Licensed Product or portions thereof or
  Derivative Works thereof.

2. Grant of License to Modifications From Contributor.

"Modifications" means any additions to or deletions from the substance or
structure of (i) a file containing Licensed Product, or (ii) any new file that
contains any part of Licensed Product. Hereinafter in this License, the term
"Licensed Product" shall include all previous Modifications that you receive
from any Contributor. By application of the provisions in Section 4(a) below,
each person or entity who created or contributed to the creation of, and
distributed, a Modification (a "Contributor") hereby grants you a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims, to do the following:

  a. Use, reproduce, modify, display, perform, sublicense and distribute any
  Modifications created by such Contributor or portions thereof, in both Source
  Code or as an executable program, either on an unmodified basis or as part of
  Derivative Works.

  b. Under claims of patents now or hereafter owned or controlled by Contributor,
  to make, use, sell, offer for sale, have made, and/or otherwise dispose of
  Modifications or portions thereof, but solely to the extent that any such
  claim is necessary to enable you to make, use, sell, offer for sale, have made,
  and/or otherwise dispose of Modifications or portions thereof or Derivative
  Works thereof.

3. Exclusions From License Grant.

Nothing in this License shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property of Licensor
or any Contributor except as expressly stated herein. No patent license is
granted separate from the Licensed Product, for code that you delete from the
Licensed Product, or for combinations of the Licensed Product with other
software or hardware. No right is granted to the trademarks of Licensor or any
Contributor even if such marks are included in the Licensed Product. Nothing in
this License shall be interpreted to prohibit Licensor from licensing under
different terms from this License any code that Licensor otherwise would have a
right to license.

4. Your Obligations Regarding Distribution.

  a. Application of This License to Your Modifications. As an express condition
  for your use of the Licensed Product, you hereby agree that any Modifications
  that you create or to which you contribute, and which you distribute, are
  governed by the terms of this License including, without limitation, Section 2.
  Any Modifications that you create or to which you contribute may be distributed
  only under the terms of this License or a future version of this License
  released under Section 7. You must include a copy of this License with every
  copy of the Modifications you distribute. You agree not to offer or impose any
  terms on any Source Code or executable version of the Licensed Product or
  Modifications that alter or restrict the applicable version of this License or
  the recipients' rights hereunder. However, you may include an additional
  document offering the additional rights described in Section 4(e).

  b. Availability of Source Code. You must make available, under the terms of
  this License, the Source Code of the Licensed Product and any Modifications
  that you distribute, either on the same media as you distribute any executable
  or other form of the Licensed Product, or via a mechanism generally accepted
  in the software development community for the electronic transfer of data (an
  "Electronic Distribution Mechanism"). The Source Code for any version of
  Licensed Product or Modifications that you distribute must remain available
  for at least twelve (12) months after the date it initially became available,
  or at least six (6) months after a subsequent version of said Licensed Product
  or Modifications has been made available. You are responsible for ensuring
  that the Source Code version remains available even if the Electronic
  Distribution Mechanism is maintained by a third party.

  c. Description of Modifications. You must cause any Modifications that you
  create or to which you contribute, and which you distribute, to contain a
  file documenting the additions, changes or deletions you made to create or
  contribute to those Modifications, and the dates of any such additions,
  changes or deletions. You must include a prominent statement that the
  Modifications are derived, directly or indirectly, from the Licensed Product
  and include the names of the Licensor and any Contributor to the Licensed
  Product in (i) the Source Code and (ii) in any notice displayed by a version
  of the Licensed Product you distribute or in related documentation in which
  you describe the origin or ownership of the Licensed Product. You may not
  modify or delete any preexisting copyright notices in the Licensed Product.

  d. Intellectual Property Matters.

    i. Third Party Claims. If you have knowledge that a license to a third
    party's intellectual property right is required to exercise the rights
    granted by this License, you must include a text file with the Source Code
    distribution titled "LEGAL" that describes the claim and the party making
    the claim in sufficient detail that a recipient will know whom to contact.
    If you obtain such knowledge after you make any Modifications available as
    described in Section 4(b), you shall promptly modify the LEGAL file in all
    copies you make available thereafter and shall take other steps (such as
    notifying appropriate mailing lists or newsgroups) reasonably calculated to
    inform those who received the Licensed Product from you that new knowledge
    has been obtained.

    ii. Contributor APIs. If your Modifications include an application
    programming interface ("API") and you have knowledge of patent licenses that
    are reasonably necessary to implement that API, you must also include this
    information in the LEGAL file.

    iii. Representations. You represent that, except as disclosed pursuant to
    4(d)(i) above, you believe that any Modifications you distribute are your
    original creations and that you have sufficient rights to grant the rights
    conveyed by this License.

  e. Required Notices. You must duplicate this License in any documentation you
  provide along with the Source Code of any Modifications you create or to which
  you contribute, and which you distribute, wherever you describe recipients'
  rights relating to Licensed Product. You must duplicate the notice contained
  in Exhibit A (the "Notice") in each file of the Source Code of any copy you
  distribute of the Licensed Product. If you created a Modification, you may add
  your name as a Contributor to the Notice. If it is not possible to put the
  Notice in a particular Source Code file due to its structure, then you must
  include such Notice in a location (such as a relevant directory file) where a
  user would be likely to look for such a notice. You may choose to offer, and
  charge a fee for, warranty, support, indemnity or liability obligations to one
  or more recipients of Licensed Product. However, you may do so only on your
  own behalf, and not on behalf of the Licensor or any Contributor. You must
  make it clear that any such warranty, support, indemnity or liability
  obligation is offered by you alone, and you hereby agree to indemnify the
  Licensor and every Contributor for any liability incurred by the Licensor or
  such Contributor as a result of warranty, support, indemnity or liability
  terms you offer.

  f. Distribution of Executable Versions. You may distribute Licensed Product as
  an executable program under a license of your choice that may contain terms
  different from this License provided (i) you have satisfied the requirements
  of Sections 4(a) through 4(e) for that distribution, (ii) you include a
  conspicuous notice in the executable version, related documentation and
  collateral materials stating that the Source Code version of the Licensed
  Product is available under the terms of this License, including a description
  of how and where you have fulfilled the obligations of Section 4(b), (iii) you
  retain all existing copyright notices in the Licensed Product, and (iv) you
  make it clear that any terms that differ from this License are offered by you
  alone, not by Licensor or any Contributor. You hereby agree to indemnify the
  Licensor and every Contributor for any liability incurred by Licensor or such
  Contributor as a result of any terms you offer.

  g. Distribution of Derivative Works. You may create Derivative Works (e.g.,
  combinations of some or all of the Licensed Product with other code) and
  distribute the Derivative Works as products under any other license you select,
  with the proviso that the requirements of this License are fulfilled for those
  portions of the Derivative Works that consist of the Licensed Product or any
  Modifications thereto.

5. Inability to Comply Due to Statute or Regulation.

If it is impossible for you to comply with any of the terms of this License with
respect to some or all of the Licensed Product due to statute, judicial order,
or regulation, then you must (i) comply with the terms of this License to the
maximum extent possible, (ii) cite the statute or regulation that prohibits you
from adhering to the License, and (iii) describe the limitations and the code
they affect. Such description must be included in the LEGAL file described in
Section 4(d), and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must
be sufficiently detailed for a recipient of ordinary skill at computer
programming to be able to understand it.

6. Application of This License.

This License applies to code to which Licensor or Contributor has attached the
Notice in Exhibit A, which is incorporated herein by this reference.

7. Versions of This License.

  a. Version. The Motosoto Open Source License is derived from the Jabber Open
  Source License. All changes are related to applicable law and the location of
  court.

  b. New Versions. Licensor may publish from time to time revised and/or new
  versions of the License.

  c. Effect of New Versions. Once Licensed Product has been published under a
  particular version of the License, you may always continue to use it under the
  terms of that version. You may also choose to use such Licensed Product under
  the terms of any subsequent version of the License published by Licensor. No
  one other than Lic ensor has the right to modify the terms applicable to
  Licensed Product created under this License.

  d. Derivative Works of this License. If you create or use a modified version
  of this License, which you may do only in order to apply it to software that
  is not already a Licensed Product under this License, you must rename your
  license so that it is not confusingly similar to this License, and must make
  it clear that your license contains terms that differ from this License. In
  so naming your license, you may not use any trademark of Licensor or any
  Contributor.

8. Disclaimer of Warranty.

LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE
DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED
PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

9. Termination.

  a. Automatic Termination Upon Breach. This license and the rights granted
  hereunder will terminate automatically if you fail to comply with the terms
  herein and fail to cure such breach within thirty (30) days of becoming aware
  of the breach. All sublicenses to the Licensed Product that are properly
  granted shall survive any termination of this license. Provisions that, by
  their nature, must remain in effect beyond the termination of this License,
  shall survive.

  b. Termination Upon Assertion of Patent Infringement. If you initiate
  litigation by asserting a patent infringement claim (excluding declaratory
  judgment actions) against Licensor or a Contributor (Licensor or Contributor
  against whom you file such an action is referred to herein as "Respondent")
  alleging that Licensed Product directly or indirectly infringes any patent,
  then any and all rights granted by such Respondent to you under Sections 1
  or 2 of this License shall terminate prospectively upon sixty (60) days notice
  from Respondent (the "Notice Period") unless within that Notice Period you
  either agree in writing (i) to pay Respondent a mutually agreeable reasonably
  royalty for your past or future use of Licensed Product made by such
  Respondent, or (ii) withdraw your litigation claim with respect to Licensed
  Product against such Respondent. If within said Notice Period a reasonable
  royalty and payment arrangement are not mutually agreed upon in writing by
  the parties or the litigation claim is not withdrawn, the rights granted by
  Licensor to you under Sections 1 and 2 automatically terminate at the
  expiration of said Notice Period.

  c. Reasonable Value of This License. If you assert a patent infringement claim
  against Respondent alleging that Licensed Product directly or indirectly
  infringes any patent where such claim is resolved (such as by license or
  settlement) prior to the initiation of patent infringement litigation, then
  the reasonable value of the licenses granted by said Respondent under Sections
  1 and 2 shall be taken into account in determining the amount or value of any
  payment or license.

  d. No Retroactive Effect of Termination. In the event of termination under
  Sections 9(a) or 9(b) above, all end user license agreements (excluding
  licenses to distributors and reselle rs) that have been validly granted by you
  or any distributor hereunder prior to termination shall survive termination.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY
DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY