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.
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)
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 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
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
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
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
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.
1. Grant of License From Licensor.
hereby grants you a world-wide, royalty-free, non-exclusive license, subject to
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
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
"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
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.
this License shall be deemed to grant any rights to trademarks, copyrights,
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
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
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
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.
applies to code to which Licensor or Contributor has attached the Notice in
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
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
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.
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
(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
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
10. Limitation of Liability.
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
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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