Motosoto License
false
Full name
Motosoto License
Short identifier
Motosoto
Other web pages for this license
true
Notes
None
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MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1
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's
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-
11.
Responsibility for Claims.
As between Licensor and Contributors, each party is
responsible for claims and damages arising, directly
or indirectly, out of its utilization of rights under
this License. You agree to work with Licensor and
Contributors to distribute such responsibility on an
equitable basis. Nothing herein is intended or shall
be deemed to constitute any admission of liability.
-
12.
U.S. Government End Users.
The Licensed Product is a "commercial item," as that term
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial computer
software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire
Licensed Product with only those rights set forth herein.
-
13.
Miscellaneous.
This License represents the complete agreement concerning
the subject matter hereof. If any provision of this
License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make
it enforceable. This License shall be governed by Dutch
law provisions. The application of the United Nations
Convention on Contracts for the International Sale of Goods
is expressly excluded. You and Licensor expressly waive
any rights to a jury trial in any litigation concerning
Licensed Product or this License. Any law or regulation
that provides that the language of a contract shall be
construed against the drafter shall not apply to this License.
-
14.
Definition of "You" in This License.
"You" throughout this License, whether in upper or lower
case, means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License
or a future version of this License issued under Section 7.
For legal entities, "you" includes any entity that controls,
is controlled by, or is under common control with you. For
purposes of this definition, "control" means (i) the power,
direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or (ii)
ownership of fifty percent (50%) or more of the outstanding
shares, or (iii) beneficial ownership of such entity.
-
15.
Glossary.
All defined terms in this License that are used in
more than one Section of this License are repeated
here, in alphabetical order, for the convenience of
the reader. The Section of this License in which each
defined term is first used is shown in parentheses.
Contributor: Each person or entity who
created or contributed to the creation of, and
distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is
defined under Dutch copyright law. (See Section 1(b))
License: This Motosoto Open Source
License. (See first paragraph of License)
Licensed Product: Any Motosoto Product licensed pursuant
to this License. The term "Licensed Product" includes
all previous Modifications from any Contributor that you
receive. (See first paragraph of License and Section 2)
Licensor: Motosoto.Com B.V.. (See first paragraph of License)
Modifications: 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. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: 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. (See Section 1(a))
You: This term is defined in Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code
of any copy you distribute of the Licensed Product or any
Modifications thereto. Contributors to any Modifications may add
their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the Motosoto Open
Source License Version 0.9 (the "License"). You may not
copy or use this file, in either source code or executable
form, except in compliance with the License. You may obtain
a copy of the License at http://www.motosoto.com/license/
or at http://www.opensource.org/.
Software distributed under the License is distributed on
an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
express or implied. See the License for the specific
language governing rights and limitations under the License.
Copyrights:
Portions created by or assigned to Motosoto.com B.V.
are Copyright (c) 2000-2001 Motosoto.com B.V. All
Rights Reserved. Contact information for Motosoto.com
B.V. is available at http://www.motosoto.com/.
Acknowledgements
Special thanks to the Motosoto Open Source Contributors
for their suggestions and support of Motosoto.
Modifications:
There is no standard license header for the license
<<beginOptional>>MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1
<<endOptional>>
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.
<<beginOptional>>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:
<<var;name="bullet";original="1.";match=".{0,20}">> 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.
<<var;name="bullet";original="2.";match=".{0,20}">> 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.)
<<var;name="bullet";original="3.";match=".{0,20}">> 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.)
<<var;name="bullet";original="4.";match=".{0,20}">> 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.
<<var;name="bullet";original="5.";match=".{0,20}">> 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.
<<var;name="bullet";original="6.";match=".{0,20}">> 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.
<<var;name="bullet";original="7.";match=".{0,20}">> 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
<<endOptional>>
<<var;name="bullet";original="1.";match=".{0,20}">> 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:
<<var;name="bullet";original="a.";match=".{0,20}">> 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.
<<var;name="bullet";original="b.";match=".{0,20}">> 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.
<<var;name="bullet";original="c.";match=".{0,20}">> 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.
<<var;name="bullet";original="2.";match=".{0,20}">> 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:
<<var;name="bullet";original="a.";match=".{0,20}">> 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.
<<var;name="bullet";original="b.";match=".{0,20}">> 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.
<<var;name="bullet";original="3.";match=".{0,20}">> 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.
<<var;name="bullet";original="4.";match=".{0,20}">> Your Obligations Regarding Distribution.
<<var;name="bullet";original="a.";match=".{0,20}">> 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).
<<var;name="bullet";original="b.";match=".{0,20}">> 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.
<<var;name="bullet";original="c.";match=".{0,20}">> 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.
<<var;name="bullet";original="d.";match=".{0,20}">> Intellectual Property Matters.
<<var;name="bullet";original="i.";match=".{0,20}">> 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.
<<var;name="bullet";original="ii.";match=".{0,20}">> 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.
<<var;name="bullet";original="iii.";match=".{0,20}">> 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.
<<var;name="bullet";original="e.";match=".{0,20}">> 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.
<<var;name="bullet";original="f.";match=".{0,20}">> 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.
<<var;name="bullet";original="g.";match=".{0,20}">> 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.
<<var;name="bullet";original="5.";match=".{0,20}">> 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.
<<var;name="bullet";original="6.";match=".{0,20}">> 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.
<<var;name="bullet";original="7.";match=".{0,20}">> Versions of This License.
<<var;name="bullet";original="a.";match=".{0,20}">> 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.
<<var;name="bullet";original="b.";match=".{0,20}">> New Versions. Licensor may publish from time to time revised and/or new versions of the License.
<<var;name="bullet";original="c.";match=".{0,20}">> 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.
<<var;name="bullet";original="d.";match=".{0,20}">> 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.
<<var;name="bullet";original="8.";match=".{0,20}">> 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.
<<var;name="bullet";original="9.";match=".{0,20}">> Termination.
<<var;name="bullet";original="a.";match=".{0,20}">> 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.
<<var;name="bullet";original="b.";match=".{0,20}">> 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.
<<var;name="bullet";original="c.";match=".{0,20}">> 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.
<<var;name="bullet";original="d.";match=".{0,20}">> 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.
<<var;name="bullet";original="10.";match=".{0,20}">> 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's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
<<var;name="bullet";original="11.";match=".{0,20}">> Responsibility for Claims.
As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
<<var;name="bullet";original="12.";match=".{0,20}">> U.S. Government End Users.
The Licensed Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
<<var;name="bullet";original="13.";match=".{0,20}">> Miscellaneous.
This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
<<var;name="bullet";original="14.";match=".{0,20}">> Definition of "You" in This License.
"You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, "you" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
<<var;name="bullet";original="15.";match=".{0,20}">> Glossary.
All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under Dutch copyright law. (See Section 1(b))
License: This Motosoto Open Source License. (See first paragraph of License)
Licensed Product: Any Motosoto Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor: Motosoto.Com B.V.. (See first paragraph of License)
Modifications: 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. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: 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. (See Section 1(a))
You: This term is defined in Section 14 of this License.
<<beginOptional>>EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any Modifications thereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the Motosoto Open Source License Version 0.9 (the "License"). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.motosoto.com/license/ or at http://www.opensource.org/.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
Copyrights:
Portions created by or assigned to Motosoto.com B.V. are Copyright (c) 2000-2001 Motosoto.com B.V. All Rights Reserved. Contact information for Motosoto.com B.V. is available at http://www.motosoto.com/.
Acknowledgements
Special thanks to the Motosoto Open Source Contributors for their suggestions and support of Motosoto.
Modifications:
<<endOptional>>