Motosoto.txt

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