1r#"MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1 2 3This Motosoto Open Source License (the "License") applies to "Community Portal Server" and related 4software products as well as any updatesor maintenance releases of that software ("Motosoto 5Products") that are distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto Product licensed 6pursuant to this License is a "Licensed Product." Licensed Product, in its entirety, is protected 7by Dutch copyright law. This License identifies the terms under which you may use, copy, distribute 8or modify Licensed Product and has been submitted to the Open Software Initiative (OSI) for 9approval. 10 11Preamble 12 13This Preamble is intended to describe, in plain English, the nature and scope of this License. 14However, this Preamble is not a part of this license. The legal effect of this License is dependent 15only upon the terms of the License and not this Preamble. This License complies with the Open 16Source Definition and has been approved by Open Source Initiative. Software distributed under this 17License may be marked as "OSI Certified Open Source Software." 18 19This License provides that: 20 211. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate 22software distribution containing programs from several different sources. No royalty or other fee 23is required. 24 252. Both Source Code and executable versions of the Licensed Product, including Modifications made 26by previous Contributors, are available for your use. (The terms "Licensed Product," 27"Modifications," "Contributors" and "Source Code" are defined in the License.) 28 293. You are allowed to make Modifications to the Licensed Product, and you can create Derivative 30Works from it. (The term "Derivative Works" is defined in the License.) 31 324. By accepting the Licensed Product under the provisions of this License, you agree that any 33Modifications you make to the Licensed Product and then distribute are governed by the provisions 34of this License. In particular, you must make the Source Code of your Modifications available to 35others. 36 375. You may use the Licensed Product for any purpose, but the Licensor is not providing you any 38warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed 39Product doesn't work properly or causes you any injury or damages. 40 416. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or 42support, or for accepting indemnity or liability obligations to your customers. You cannot charge 43for the Source Code. 44 457. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you 46breach any terms of the License, your rights to the Licensed Product under this License 47automatically terminate. 48 49You may use this License to distribute your own Derivative Works, in which case the provisions of 50this License will apply to your Derivative Works just as they do to the original Licensed Product. 51 52Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source 53license, or under a proprietary license of your choice. If you use any license other than this 54License, however, you must continue to fulfill the requirements of this License (including the 55provisions relating to publishing the Source Code) for those portions of your Derivative Works that 56consist of the Licensed Product, including the files containing Modifications. 57 58New versions of this License may be published from time to time. You may choose to continue to use 59the license terms in this version of the License or those from the new version. However, only the 60Licensor has the right to change the License terms as they apply to the Licensed Product. This 61License relies on precise definitions for certain terms. Those terms are defined when they are 62first used, and the definitions are repeated for your convenience in a Glossary at the end of the 63License. 64 65License Terms 66 671. Grant of License From Licensor. 68 69Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third 70party intellectual property claims, to do the following: 71 72 a. Use, reproduce, modify, display, perform, sublicense and distribute Licensed Product or 73portions thereof (including Modifications as hereinafter defined), in both Source Code or as an 74executable program. "Source Code" means the preferred form for making modifications to the Licensed 75Product, including all modules contained therein, plus any associated interface definition files, 76scripts used to control compilation and installation of an executable program, or a list of 77differential comparisons against the Source Code of the Licensed Product. 78 79 b. Create Derivative Works (as that term is defined under Dutch copyright law) of Licensed 80Product by adding to or deleting from the substance or structure of said Licensed Product. 81 82 c. Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, 83sell, offer for sale, have made, and/or otherwise dispose of Licensed Product or portions thereof, 84but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer 85for sale, have made, and/or otherwise dispose of Licensed Product or portions thereof or Derivative 86Works thereof. 87 882. Grant of License to Modifications From Contributor. 89 90"Modifications" means any additions to or deletions from the substance or structure of (i) a file 91containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. 92Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications 93that you receive from any Contributor. By application of the provisions in Section 4(a) below, each 94person or entity who created or contributed to the creation of, and distributed, a Modification (a 95"Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to 96third party intellectual property claims, to do the following: 97 98 a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications 99created by such Contributor or portions thereof, in both Source Code or as an executable program, 100either on an unmodified basis or as part of Derivative Works. 101 102 b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, 103sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but 104solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for 105sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works 106thereof. 107 1083. Exclusions From License Grant. 109 110Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, 111trade secrets or any other intellectual property of Licensor or any Contributor except as expressly 112stated herein. No patent license is granted separate from the Licensed Product, for code that you 113delete from the Licensed Product, or for combinations of the Licensed Product with other software 114or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such 115marks are included in the Licensed Product. Nothing in this License shall be interpreted to 116prohibit Licensor from licensing under different terms from this License any code that Licensor 117otherwise would have a right to license. 118 1194. Your Obligations Regarding Distribution. 120 121 a. Application of This License to Your Modifications. As an express condition for your use of 122the Licensed Product, you hereby agree that any Modifications that you create or to which you 123contribute, and which you distribute, are governed by the terms of this License including, without 124limitation, Section 2. Any Modifications that you create or to which you contribute may be 125distributed only under the terms of this License or a future version of this License released under 126Section 7. You must include a copy of this License with every copy of the Modifications you 127distribute. You agree not to offer or impose any terms on any Source Code or executable version of 128the Licensed Product or Modifications that alter or restrict the applicable version of this License 129or the recipients' rights hereunder. However, you may include an additional document offering the 130additional rights described in Section 4(e). 131 132 b. Availability of Source Code. You must make available, under the terms of this License, the 133Source Code of the Licensed Product and any Modifications that you distribute, either on the same 134media as you distribute any executable or other form of the Licensed Product, or via a mechanism 135generally accepted in the software development community for the electronic transfer of data (an 136"Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or 137Modifications that you distribute must remain available for at least twelve (12) months after the 138date it initially became available, or at least six (6) months after a subsequent version of said 139Licensed Product or Modifications has been made available. You are responsible for ensuring that 140the Source Code version remains available even if the Electronic Distribution Mechanism is 141maintained by a third party. 142 143 c. Description of Modifications. You must cause any Modifications that you create or to which 144you contribute, and which you distribute, to contain a file documenting the additions, changes or 145deletions you made to create or contribute to those Modifications, and the dates of any such 146additions, changes or deletions. You must include a prominent statement that the Modifications are 147derived, directly or indirectly, from the Licensed Product and include the names of the Licensor 148and any Contributor to the Licensed Product in (i) the Source Code and (ii) in any notice displayed 149by a version of the Licensed Product you distribute or in related documentation in which you 150describe the origin or ownership of the Licensed Product. You may not modify or delete any 151preexisting copyright notices in the Licensed Product. 152 153 d. Intellectual Property Matters. 154 i. Third Party Claims. If you have knowledge that a license to a third party's 155intellectual property right is required to exercise the rights granted by this License, you must 156include a text file with the Source Code distribution titled "LEGAL" that describes the claim and 157the party making the claim in sufficient detail that a recipient will know whom to contact. If you 158obtain such knowledge after you make any Modifications available as described in Section 4(b), you 159shall promptly modify the LEGAL file in all copies you make available thereafter and shall take 160other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to 161inform those who received the Licensed Product from you that new knowledge has been obtained. 162 163 ii. Contributor APIs. If your Modifications include an application programming interface 164("API") and you have knowledge of patent licenses that are reasonably necessary to implement that 165API, you must also include this information in the LEGAL file. 166 167 iii. Representations. You represent that, except as disclosed pursuant to 4(d)(i) above, 168you believe that any Modifications you distribute are your original creations and that you have 169sufficient rights to grant the rights conveyed by this License. 170 171 e. Required Notices. You must duplicate this License in any documentation you provide along 172with the Source Code of any Modifications you create or to which you contribute, and which you 173distribute, wherever you describe recipients' rights relating to Licensed Product. You must 174duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any 175copy you distribute of the Licensed Product. If you created a Modification, you may add your name 176as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code 177file due to its structure, then you must include such Notice in a location (such as a relevant 178directory file) where a user would be likely to look for such a notice. You may choose to offer, 179and charge a fee for, warranty, support, indemnity or liability obligations to one or more 180recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf 181of the Licensor or any Contributor. You must make it clear that any such warranty, support, 182indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the 183Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a 184result of warranty, support, indemnity or liability terms you offer. 185 186 f. Distribution of Executable Versions. You may distribute Licensed Product as an executable 187program under a license of your choice that may contain terms different from this License provided 188(i) you have satisfied the requirements of Sections 4(a) through 4(e) for that distribution, (ii) 189you include a conspicuous notice in the executable version, related documentation and collateral 190materials stating that the Source Code version of the Licensed Product is available under the terms 191of this License, including a description of how and where you have fulfilled the obligations of 192Section 4(b), (iii) you retain all existing copyright notices in the Licensed Product, and (iv) you 193make it clear that any terms that differ from this License are offered by you alone, not by 194Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for 195any liability incurred by Licensor or such Contributor as a result of any terms you offer. 196 197 g. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of 198some or all of the Licensed Product with other code) and distribute the Derivative Works as 199products under any other license you select, with the proviso that the requirements of this License 200are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or 201any Modifications thereto. 202 2035. Inability to Comply Due to Statute or Regulation. 204 205If it is impossible for you to comply with any of the terms of this License with respect to some or 206all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply 207with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation 208that prohibits you from adhering to the License, and (iii) describe the limitations and the code 209they affect. Such description must be included in the LEGAL file described in Section 4(d), and 210must be included with all distributions of the Source Code. Except to the extent prohibited by 211statute or regulation, such description must be sufficiently detailed for a recipient of ordinary 212skill at computer programming to be able to understand it. 213 2146. Application of This License. 215 216This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, 217which is incorporated herein by this reference. 218 2197. Versions of This License. 220 221 a. Version. The Motosoto Open Source License is derived from the Jabber Open Source License. 222All changes are related to applicable law and the location of court. 223 224 b. New Versions. Licensor may publish from time to time revised and/or new versions of the 225License. 226 227 c. Effect of New Versions. Once Licensed Product has been published under a particular version 228of the License, you may always continue to use it under the terms of that version. You may also 229choose to use such Licensed Product under the terms of any subsequent version of the License 230published by Licensor. No one other than Lic ensor has the right to modify the terms applicable to 231Licensed Product created under this License. 232 233 d. Derivative Works of this License. If you create or use a modified version of this License, 234which you may do only in order to apply it to software that is not already a Licensed Product under 235this License, you must rename your license so that it is not confusingly similar to this License, 236and must make it clear that your license contains terms that differ from this License. In so naming 237your license, you may not use any trademark of Licensor or any Contributor. 238 2398. Disclaimer of Warranty. 240 241LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, 242EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS 243FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS 244TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE 245DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF 246ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL 247PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 248DISCLAIMER. 249 2509. Termination. 251 252 a. Automatic Termination Upon Breach. This license and the rights granted hereunder will 253terminate automatically if you fail to comply with the terms herein and fail to cure such breach 254within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Product 255that are properly granted shall survive any termination of this license. Provisions that, by their 256nature, must remain in effect beyond the termination of this License, shall survive. 257 258 b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting 259a patent infringement claim (excluding declaratory judgment actions) against Licensor or a 260Contributor (Licensor or Contributor against whom you file such an action is referred to herein as 261"Respondent") alleging that Licensed Product directly or indirectly infringes any patent, then any 262and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall 263terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless 264within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable 265reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) 266withdraw your litigation claim with respect to Licensed Product against such Respondent. If within 267said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in 268writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to 269you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period. 270 271 c. Reasonable Value of This License. If you assert a patent infringement claim against 272Respondent alleging that Licensed Product directly or indirectly infringes any patent where such 273claim is resolved (such as by license or settlement) prior to the initiation of patent infringement 274litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 275and 2 shall be taken into account in determining the amount or value of any payment or license. 276 277 d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 2789(b) above, all end user license agreements (excluding licenses to distributors and reselle rs) 279that have been validly granted by you or any distributor hereunder prior to termination shall 280survive termination. 281 28210. Limitation of Liability. 283 284UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR 285OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY 286SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 287CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 288WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, 289EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 290LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY's 291NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 292EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY 293NOT APPLY TO YOU. 294 29511. Responsibility for Claims. 296 297As between Licensor and Contributors, each party is responsible for claims and damages arising, 298directly or indirectly, out of its utilization of rights under this License. You agree to work with 299Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is 300intended or shall be deemed to constitute any admission of liability. 301 30212. U.S. Government End Users. 303 304The Licensed Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), 305consisting of "commercial computer software" and "commercial computer software documentation," 306as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 30748 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire 308Licensed Product with only those rights set forth herein. 309 31013. Miscellaneous. 311This License represents the complete agreement concerning the subject matter hereof. If any 312provision of this License is held to be unenforceable, such provision shall be reformed only 313to the extent necessary to make it enforceable. This License shall be governed by Dutch law 314provisions. The application of the United Nations Convention on Contracts for the International 315Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial 316in any litigation concerning Licensed Product or this License. Any law or regulation that provides 317that the language of a contract shall be construed against the drafter shall not apply to this License. 318 31914. Definition of "You" in This License. 320"You" throughout this License, whether in upper or lower case, means an individual or a legal entity 321exercising rights under, and complying with all of the terms of, this License or a future version of 322this License issued under Section 7. For legal entities, "you" includes any entity that controls, is 323controlled by, or is under common control with you. For purposes of this definition, "control" means 324(i) the power, direct or indirect, to cause the direction or management of such entity, whether by 325contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, 326or (iii) beneficial ownership of such entity. 327 32815. Glossary. 329All defined terms in this License that are used in more than one Section of this License are 330repeated here, in alphabetical order, for the convenience of the reader. The Section of this 331License in which each defined term is first used is shown in parentheses. 332 333Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2) 334 335Derivative Works: That term as used in this License is defined under Dutch copyright law. (See Section 1(b)) 336 337License: This Motosoto Open Source License. (See first paragraph of License) 338 339Licensed Product: Any Motosoto Product licensed pursuant to this License. The term 340"Licensed Product" includes all previous Modifications from any Contributor that you receive. 341(See first paragraph of License and Section 2) 342 343Licensor: Motosoto.Com B.V.. (See first paragraph of License) 344 345Modifications: Any additions to or deletions from the substance or structure of (i) a file 346containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2) 347 348Notice: The notice contained in Exhibit A. (See Section 4(e)) 349 350Source Code: The preferred form for making modifications to the Licensed Product, including 351all modules contained therein, plus any associated interface definition files, scripts used 352to control compilation and installation of an executable program, or a list of differential 353comparisons against the Source Code of the Licensed Product. (See Section 1(a)) 354 355You: This term is defined in Section 14 of this License. 356 357EXHIBIT A 358The 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. 359 360License: 361The 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/. 362 363Software 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. 364 365Copyrights: 366Portions created by or assigned to Motosoto.com B.V. are Copyright (c) 2000-2001 Motosoto.com B.V. 367All Rights Reserved. Contact information for Motosoto.com B.V. is available at http://www.motosoto.com/. 368 369Acknowledgements 370Special thanks to the Motosoto Open Source Contributors for their suggestions and support of Motosoto. 371 372Modifications: 373 374 375"#