This Motosoto Open Source License (the "License") applies _ "Community
Portal Server" _ 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 _ this License _ a "Licensed Product." Licensed
Product, in its entirety, _ protected by Dutch copyright law.
License identifies _ terms under which you may use, copy, distribute _ modify
Licensed Product _ has been submitted _ the Open Software Initiative (OSI)
This Preamble _ intended _ describe, in plain English, _ nature _ scope of
this License. However, this Preamble _ not a part of this license. _ legal
effect of this License _ dependent only upon _ terms of _ License _ not
This License complies with _ Open Source Definition _ 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 _ give away _ Licensed Product, alone _ as a
component of an aggregate software distribution containing
programs from several different sources. No royalty _ other fee is
2. Both Source Code _ executable versions of _ Licensed Product,
including Modifications made by previous Contributors, are
available for your use. (The terms "Licensed Product," "Modifications,"
"Contributors" _ "Source Code" are defined in _ License.)
3. You are allowed _ make Modifications _ the Licensed Product, _ you
can create Derivative Works from it. (The term "Derivative
Works" _ defined in _ License.)
4. By accepting _ Licensed Product under _ provisions of this License,
you agree that any Modifications you make _ the Licensed
Product _ then distribute are governed by _ provisions of this
License. In particular, you must make _ Source Code of your
Modifications available _ others.
5. You may use _ Licensed Product for any purpose, but _ Licensor is
not providing you any warranty whatsoever, nor _ the Licensor
accepting any liability in _ event that _ Licensed Product doesn't
work properly _ causes you any injury _ damages.
6. If you sublicense _ Licensed Product _ Derivative Works, you may
charge fees for warranty _ support, _ for accepting indemnity
_ liability obligations _ your customers. You cannot charge for the
7. If you assert any patent claims against _ Licensor relating _ the
Licensed Product, _ if you breach any terms of _ License, your
rights _ the Licensed Product under this License automatically
You may use this License _ distribute your own Derivative Works, in which
case _ provisions of this License will apply _ your Derivative
Works just as they do _ the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other
OSI-approved Open Source license, _ under a proprietary license of
your choice. If you use any license other than this License, however, you must
continue _ fulfill _ requirements of this License (including the
provisions relating _ publishing _ Source Code) for those portions of your
Derivative Works that consist of _ Licensed Product, including
_ files containing Modifications.
New versions of this License may be published from time _ time. You may
choose _ continue _ use _ license terms in this version of the
License _ those from _ new version. However, only _ Licensor has _ right
_ change _ License terms as they apply _ the Licensed
This License relies _ precise definitions for certain terms. Those terms are
defined when they are first used, _ the definitions are repeated for
your convenience in a Glossary at _ end of _ License.
1. Grant of License From Licensor.
hereby grants you a world-wide, royalty-free, non-exclusive license, subject to
party intellectual property claims, _ do _ following:
a. Use, reproduce, modify, display, perform, sublicense and
distribute Licensed Product _ portions thereof (including
Modifications as hereinafter defined), in both Source Code _ as
an executable program. "Source Code" means _ preferred
form for making modifications _ the Licensed Product, including
all modules contained therein, plus any associated
interface definition files, scripts used _ control compilation
_ installation of an executable program, _ a list of
differential comparisons against _ Source Code of _ Licensed
b. Create Derivative Works (as that term _ defined under Dutch
copyright law) of Licensed Product by adding _ or deleting
from _ substance _ structure of said Licensed Product.
c. Under claims of patents now _ hereafter owned _ controlled
by Licensor, _ make, use, sell, offer for sale, have made,
and/or otherwise dispose of Licensed Product _ portions thereof,
but solely _ the extent that any such claim _ necessary to
enable you _ make, use, sell, offer for sale, have made, and/or
otherwise dispose of Licensed Product _ portions thereof or
Derivative Works thereof.
2. Grant of License _ Modifications From
"Modifications" means any additions _ or
deletions from _ substance or
structure of (i) a file containing Licensed Product, _ (ii) any new file
that contains any part of Licensed Product. Hereinafter in this
License, _ term "Licensed Product" shall include all previous
Modifications that you receive from any Contributor. By
application of _ provisions in Section 4(a) below, each person or
entity who created _ contributed _ the creation of, _ distributed,
a Modification (a "Contributor") hereby grants you a world-wide,
royalty-free, non-exclusive license, subject _ third party
intellectual property claims, _ do _ following:
a. Use, reproduce, modify, display, perform, sublicense and
distribute any Modifications created by such Contributor or
portions thereof, in both Source Code _ as an executable program,
either _ an unmodified basis _ as part of Derivative
b. Under claims of patents now _ hereafter owned _ controlled by
Contributor, _ make, use, sell, offer for sale, have made,
and/or otherwise dispose of Modifications _ portions thereof, but
solely _ the extent that any such claim _ necessary to
enable you _ make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications _ portions thereof or
Derivative Works thereof.
3. Exclusions From License Grant.
this License shall be deemed _ grant any rights _ trademarks, copyrights,
trade secrets _ any other intellectual property of Licensor _ any
Contributor except as expressly stated herein. No patent license is
granted separate from _ Licensed Product, for code that you delete from
_ Licensed Product, _ for combinations of _ Licensed
Product with other software _ hardware. No right _ granted _ the
trademarks of Licensor _ any Contributor even if such marks are
included in _ Licensed Product. Nothing in this License shall be
interpreted _ prohibit Licensor from licensing under different
terms from this License any code that Licensor otherwise would have a
right _ license.
4. Your Obligations Regarding Distribution.
a. Application of This License _ Your
Modifications. As an express condition for your use of _ Licensed
hereby agree that any Modifications that you create _ to which
you contribute, _ which you distribute, are governed by the
terms of this License including, without limitation, Section 2.
Any Modifications that you create _ to which you contribute
may be distributed only under _ terms of this License _ 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 _ offer _ impose any
terms _ any Source Code _ executable version of _ Licensed
Product _ Modifications that alter _ restrict _ applicable
version of this License _ 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 _ terms of this License, _ Source Code of _ Licensed
Product _ any Modifications that you distribute, either _ the
same media as you distribute any executable _ other form
of _ Licensed Product, _ via a mechanism generally accepted in
_ software development community for _ 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 _ date it initially became
available, _ at least six (6) months after a subsequent version
of said Licensed Product _ Modifications has been made
available. You are responsible for ensuring that _ Source Code
version remains available even if _ Electronic Distribution
Mechanism _ maintained by a third party.
c. Description of Modifications. You must cause any
Modifications that you create _ to which you contribute, _ which
you distribute, _ contain a file documenting _ additions,
changes _ deletions you made _ create _ contribute _ those
Modifications, _ the dates of any such additions, changes or
deletions. You must include a prominent statement that the
Modifications are derived, directly _ indirectly, from the
Licensed Product _ include _ names of _ Licensor _ any
Contributor _ the Licensed Product in (i) _ Source Code and
(ii) in any notice displayed by a version of _ Licensed
Product you distribute _ in related documentation in which you
describe _ origin _ ownership of _ Licensed Product.
You may not modify _ delete any preexisting copyright notices in
_ Licensed Product.
d. Intellectual Property Matters.
i. Third Party Claims. If you have
knowledge that a license _ a third party's intellectual property right is
_ exercise _ rights granted by this License, you must
include a text file with _ Source Code distribution titled
"LEGAL" that describes _ claim _ the party making the
claim in sufficient detail that a recipient will know
whom _ contact. If you obtain such knowledge after you make
any Modifications available as described in Section
4(b), you shall promptly modify _ LEGAL file in all copies
you make available thereafter _ shall take other
steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated _ inform those who
received _ Licensed Product from you that new knowledge
has been obtained.
ii. Contributor APIs. If your
Modifications include an application programming interface ("API") _ you have
knowledge of patent licenses that are reasonably necessary
_ implement that API, you must also include this
information in _ LEGAL file.
iii. Representations. You represent that,
except as disclosed pursuant _ 4(d)(i) above, you believe that any
Modifications you distribute are your original creations and
that you have sufficient rights _ grant _ rights
conveyed by this License.
e. Required Notices. You must duplicate this
License in any documentation you provide along with _ Source Code of any
Modifications you create _ to which you contribute, _ which you
distribute, wherever you describe recipients' rights
relating _ Licensed Product. You must duplicate _ notice
contained in Exhibit A (the "Notice") in each file of _ Source
Code of any copy you distribute of _ Licensed Product. If you
created a Modification, you may add your name as a
Contributor _ the Notice. If it _ not possible _ put _ Notice
in a particular Source Code file due _ its structure, then
you must include such Notice in a location (such as a relevant
directory file) where a user would be likely _ look for such a
notice. You may choose _ offer, _ charge a fee for, warranty,
support, indemnity _ liability obligations _ one _ more
recipients of Licensed Product. However, you may do so only on
your own behalf, _ not _ behalf of _ Licensor _ any
Contributor. You must make it clear that any such warranty,
support, indemnity _ liability obligation _ offered by you
alone, _ you hereby agree _ indemnify _ Licensor _ every
Contributor for any liability incurred by _ Licensor _ 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 _ requirements of Sections
4(a) through 4(e) for that distribution, (ii) you include a
conspicuous notice in _ executable version, related documentation
_ collateral materials stating that _ Source Code version of
_ Licensed Product _ available under _ terms of this
License, including a description of how _ where you have
fulfilled _ obligations of Section 4(b), (iii) you retain all
existing copyright notices in _ Licensed Product, _ (iv) you
make it clear that any terms that differ from this License are
offered by you alone, not by Licensor _ any Contributor. You
hereby agree _ indemnify _ Licensor _ every Contributor
for any liability incurred by Licensor _ 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 _ all of _ Licensed
Product with other code) _ distribute _ Derivative Works as
products under any other license you select, with the
proviso that _ requirements of this License are fulfilled for
those portions of _ Derivative Works that consist of the
Licensed Product _ any Modifications thereto.
5. Inability _ Comply Due _ Statute or
If it _ impossible for you _ comply with any of
_ terms of this License with
respect _ some _ all of _ Licensed Product due _ statute, judicial
order, _ regulation, then you must (i) comply with _ terms of
this License _ the maximum extent possible, (ii) cite _ statute or
regulation that prohibits you from adhering _ the License, and
(iii) describe _ limitations _ the code they affect. Such description
must be included in _ LEGAL file described in Section 4(d),
_ must be included with all distributions of _ Source Code. Except to
_ extent prohibited by statute _ regulation, such
description must be sufficiently detailed for a recipient of ordinary
skill at computer programming _ be able _ understand it.
6. Application of This License.
applies _ code _ which Licensor _ Contributor has attached _ Notice in
which _ incorporated herein by this reference.
7. Versions of This License.
a. Version. _ Motosoto Open Source License is
derived from _ Jabber Open Source License. All changes are related to
applicable law _ the location of court.
b. New Versions. Licensor may publish from time to
time revised and/or new versions of _ License.
c. Effect of New Versions. Once Licensed Product
has been published under a particular version of _ License, you may always
continue _ use it under _ terms of that version. You may also
choose _ use such Licensed Product under _ terms of any
subsequent version of _ License published by Licensor. No one
other than Lic ensor has _ right _ modify _ terms
applicable _ Licensed Product created under this License.
d. Derivative Works of this License. If you
create _ use a modified version of this License, which you may do only in
apply it _ software that _ not already a Licensed Product under
this License, you must rename your license so that it _ not
confusingly similar _ this License, _ 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
_ any Contributor.
8. Disclaimer of Warranty.
LICENSED PRODUCT IS
PROVIDED UNDER THIS LICENSE _ AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS _ IMPLIED, INCLUDING, WITHOUT
THAT _ LICENSED PRODUCT _ FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR
NON-INFRINGING. _ ENTIRE RISK AS _ THE QUALITY _ PERFORMANCE OF THE
LICENSED PRODUCT IS
WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU
(AND NOT _ LICENSOR OR
ANY OTHER CONTRIBUTOR) ASSUME _ COST OF ANY NECESSARY SERVICING, REPAIR
_ CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF LICENSED
PRODUCT _ AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
a. Automatic Termination Upon Breach. This
license _ the rights granted hereunder will terminate automatically if you
fail _ comply with _ terms herein _ fail _ cure such breach
within thirty (30) days of becoming aware of _ breach.
All sublicenses _ 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 _ a
Contributor (Licensor _ Contributor against whom you file
such an action _ referred _ herein as "Respondent") alleging
that Licensed Product directly _ indirectly infringes any
patent, then any _ all rights granted by such Respondent _ you
under Sections 1 _ 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) _ pay Respondent a mutually agreeable
reasonably royalty for your past _ future use of Licensed
Product made by such Respondent, _ (ii) withdraw your litigation
claim with respect _ Licensed Product against such
Respondent. If within said Notice Period a reasonable royalty and
payment arrangement are not mutually agreed upon in
writing by _ parties _ the litigation claim _ not withdrawn,
_ rights granted by Licensor _ you under Sections 1 _ 2
automatically terminate at _ expiration of said Notice
c. Reasonable Value of This License. If you assert a
patent infringement claim against Respondent alleging that Licensed
Product directly _ indirectly infringes any patent where such
claim _ resolved (such as by license _ settlement) prior to
_ initiation of patent infringement litigation, then the
reasonable value of _ licenses granted by said Respondent under
Sections 1 _ 2 shall be taken into account in determining the
amount _ value of any payment _ license.
d. No Retroactive Effect of Termination. In the
event of termination under Sections 9(a) _ 9(b) above, all end user license
agreements (excluding licenses _ distributors _ reselle rs)
that have been validly granted by you _ any distributor
hereunder prior _ termination shall survive
10. Limitation of Liability.
CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL _ LICENSOR, ANY
CONTRIBUTOR, _ ANY
DISTRIBUTOR OF LICENSED PRODUCT, _ ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE _ ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, _ CONSEQUENTIAL DAMAGES OF ANY
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
MALFUNCTION, _ ANY _ ALL OTHER COMMERCIAL DAMAGES _ LOSSES, EVEN IF
SUCH PARTY SHALL
HAVE BEEN INFORMED OF _ POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT
APPLY _ LIABILITY FOR DEATH _ PERSONAL INJURY RESULTING FROM SUCH
So sehen Sie das gesamte Dokument
Das vollständige Dokument können Sie nach dem Kauf sehen, als Word - Dokument (.docx) speichern und bearbeiten.
Preis zzgl. MwSt. Angebot richtet sich nur an gewerbliche Kunden.
Sie haben bereits einen Zugang? Bitte hier einloggen.
Sofort downloaden und anpassen: Alle Verträge können Sie gleich nach dem Kauf in den üblichen Programmen (z.B. Word) bearbeiten und anpassen.
Kompetente Beratung durch unsere Rechtsanwälte: Falls Sie das Dokument oder einen anderen Vertrag bzw. Vorlage anwaltlich anpassen wollen stehen Ihnen unsere Rechtsanwälte gern zur Verfügung. Fragen Sie uns!