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LICENSE
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MOCHIMO CRYPTOCURRENCY ENGINE LICENSE AGREEMENT VERSION 1.0
===========================================================
Plain English Preface
---------------------
In plain English, this license agreement is a modified version of the
MPL 2.0 license under which Adequate Systems provides an "open source"
version of the software that underpins the Mochimo cryptocurrency
network. This license is intended to convey to you the right to modify
the source code of the Mochimo Cryptocurrency Engine in order to make
improvements to the performance or behavior of the Mochimo
cryptocurrency network, or improvements to the tools, wallets and other
supporting software that work with the Mochimo cryptocurrency. No other
use or modification of the code is permitted. Within this narrow field
of use, the community may do with the software as it sees fit and
without oversight or approval by Adequate Systems. However, please
understand that the below license does not allow you to create new
cryptocurrencies with our software, nor does it allow you to use or
modify any of Adequate Systems' software in order to make it compatible
with any other cryptocurrency projects. Finally, this license contains
a mandatory grant back to Adequate Systems to any modifications or
improvements you might make. Please consider that carefully before
contributing your work to the Mochimo project.
Agreement
---------
THIS AGREEMENT IS BASED ON THE MOZILLA PUBLIC LICENSE VERSION 2.0
("MPL 2.0"). PER SECTION 10.3 OF THE MPL 2.0, THIS AGREEMENT WAS
CREATED AND MODIFIED FROM THE MPL 2.0 BY ADEQUATE SYSTEMS, LLC FOR
USE WITH CERTAIN SOFTWARE OWNED BY ADEQUATE SYSTEMS. THIS AGREEMENT
DIFFERS FROM THE MPL 2.0 IN SIGNIFICANT WAYS, INCLUDING, WITHOUT
LIMITATION, WITH RESPECT TO:
(A) IDENTIFICATION OF "ORIGINAL SOFTWARE" PROVIDED BY ADEQUATE
SYSTEMS THAT IS THE ORIGINAL SUBJECT MATTER OF THIS AGREEMENT;
(B) A FIELD OF USE REQUIREMENT LIMITING APPLICABILITY OF THIS LICENSE,
AND USE OF THE ORIGINAL SOFTWARE UNDER THIS LICENSE, TO IMPROVING
OR CHANGING THE BEHAVIOR OF THE MOCHIMO CRYPTOCURRENCY AND THE
MOCHIMO CRYPTOCURRENCY NETWORK AND FOR NO OTHER PURPOSES, SUCH AS,
WITHOUT LIMITATION, FOR THE PURPOSE OF CREATING, SUPPORTING, OR
AUGMENTING OTHER CRYPTOCURRENCIES OR CRYPTOCURRENCY NETWORKS;
(C) LIMITATIONS ON USE OR MODIFICATION OF THE ORIGINAL SOFTWARE AND
COVERED SOFTWARE, SUCH THAT ALL SUCH USE OR MODIFICATION IS MADE
FOR THE BENEFIT OF THE MOCHIMO CRYPTOCURRENCY AND MOCHIMO
CRYPTOCURRENCY NETWORK ONLY, AND EXPLICIT PROHIBITION OF USES OR
MODIFICATIONS THAT RENDER THE CODE INCOMPATIBLE WITH THE EXISTING
MOCHIMO CRYPTOCURRENCY NETWORK, INCLUDING THE MOCHIMO DISTRIBUTED
LEDGER, BLOCKCHAIN OR PROTOCOL;
(D) EXPLICIT PROHIBITION ON USE OR MODIFICATION OF THE ORIGINAL
SOFTWARE AND COVERED SOFTWARE TO CREATE OR MODIFY ANY MODIFICATION
OR LARGER WORK THAT IS DESIGNED TO OPERATE ON AN APPLICATION
SPECIFIC INTEGRATED CIRCUIT ("ASIC") OR FIELD PROGRAMMABLE GATE
ARRAY ("FPGA");
(E) THE REQUIREMENT OF A MANDATORY GRANT-BACK TO ADEQUATE SYSTEMS OF
CERTAIN RIGHTS IN ANY COVERED SOFTWARE A CONTRIBUTOR DESIGNATES AS
INCOMPATIBLE WITH SECONDARY LICENSES;
(F) THERE IS NO EXCEPTION FOR INABILITY TO COMPLY WITH THIS LICENSE DUE
TO A CONFLICTING STATUTE OR REGULATION; AND
(G) A CHOICE OF FLORIDA LAW FOR GOVERNING LAW AND FLORIDA VENUE FOR ANY
LITIGATION IN WHICH ADEQUATE SYSTEMS IS A NAMED PARTY.
1. Definitions
--------------
1.1. "Adequate Systems"
means Adequate Systems, LLC.
1.2. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software. Unless expressly and
unambiguously indicated otherwise, Adequate Systems is NOT a
Contributor.
1.3. "Contributor Version"
means the combination of the Original Software and/or Contributions
of others (if any) used by a Contributor and that particular
Contributor’s Contribution.
1.4. "Contribution"
means Covered Software of a particular Contributor.
1.5. "Covered Software"
mean the Source Code Form to which the initial Contributor has
attached the notice in Exhibit A, the Executable Form of such
Source Code Form, and Modifications of such Source Code Form, in
each case including portions thereof. The Covered Software does NOT
include the Original Software.
1.6. "Incompatible With Secondary Licenses"
means that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software.
1.7. "Executable Form"
means any form of the work other than Source Code Form.
1.8. "Larger Work"
means a work that combines Covered Software or Original Software
with other material, in a separate file or files, that is not
Covered Software or Original Software.
1.9. "License"
means this document, excluding the Plain English Preface.
1.10. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.11. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software or Original Software; or
(b) any new file in Source Code Form that contains any Covered
Software or Original Software.
1.12. "Original Software"
means, collectively:
(1) Adequate Systems’ Mochimo Cryptocurrency Engine software
distribution package, which includes
(a) the Mochimo Cryptocurrency Engine,
(b) related tools and utilities, and
(c) related documentation and protocol standards, and
(2) any updates or upgrades to the foregoing that are not
distributed with a separate license agreement that expressly
supersedes this Agreement.
1.13. "Patent Claims" of a Contributor or Adequate Systems
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor or Adequate Systems that would be infringed, but for the
grant of the License, by the making, using, selling, offering for
sale, having made, import, or transfer of either its Contributions
or its Contributor Version or the Original Software.
1.14. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.15. "Source Code Form"
means the form of the work preferred for making modifications.
1.16. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. 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
(a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or
(b) ownership of more than fifty percent (50%) of the outstanding
shares or beneficial ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grant to Original Software
Adequate Systems hereby grants You a perpetual, terminable (as provided
herein), world-wide, royalty-free, non-exclusive, non-assignable, and
non-sublicensable (except as contemplated by the License) license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Adequate Systems to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit the
Original Software, either on an unmodified basis, with
Modifications, or as part of a Larger Work, strictly to improve or
change the behavior of the Mochimo cryptocurrency and the Mochimo
cryptocurrency network and for no other purposes, such as, without
limitation, for the purpose of creating, supporting, or augmenting
other cryptocurrencies or cryptocurrency networks ("Field"); and
(b) under Patent Claims of Adequate Systems to make, use, have made, and
import the Original Software strictly in the Field.
2.2. Grant to Covered Software
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive, non-assignable, and non-sublicensable (except as
contemplated by the License) license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.3. Effective Date
The licenses granted in Section 2.2 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
creates such Contribution.
2.4. Limitations on Grant Scope
(a) You shall not use or modify Covered Software or Original Software
except for the benefit of the Mochimo cryptocurrency and the Mochimo
cryptocurrency network. You shall not use or modify Covered Software
or Original Software in any way that renders Covered Software or
Original Software incompatible with the existing Mochimo
cryptocurrency network, including the Mochimo distributed ledger,
blockchain, or protocol.
(b) You shall not use or modify Covered Software or Original Software to
create any Modification or Larger Work that is designed to operate
on an ASIC or an FPGA.
(c) The licenses granted in this Section 2 are the only rights granted
to You under this License. No additional rights or licenses to You
will be implied from the distribution or licensing of Covered
Software or Original Software under this License.
(d) No rights or licenses are granted in or to the Original Software
with respect to any field of use other than the Field.
(e) Notwithstanding Section 2.1(b) above, no patent license is granted
by Adequate Systems:
(i) for any code that Adequate Systems has removed from the Original
Software; or
(ii) for infringements caused by Your and any other third party’s
modifications of Original Software; or
(iii) under Patent Claims infringed by Covered Software in the
absence of its Original Software.
(f) Notwithstanding Section 2.2(b) above, no patent license is granted
by a Contributor:
(i) for any code that a Contributor has removed from Covered
Software; or
(ii) for infringements caused by:
(A) Your and any other third party’s modifications of Covered
Software, or
(B) the combination of its Contributions with other software
(except as part of its Contributor Version); or
(iii) under Patent Claims infringed by Covered Software in the
absence of its Contributions.
(g) This License does not grant any rights in the trademarks, service
marks, or logos of Adequate Systems or any Contributor (except as
may be necessary to comply with the notice requirements in Section
3.4).
2.5. Subsequent Licenses
(a) Adequate Systems does not make additional grants with regard to the
Original Software as a result of Your choice to distribute the
Original Software under a subsequent version of this License (see
Section 10.2) or under the terms of a Secondary License, if
permitted under the terms of Section 3.3.
(b) No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary
License, if permitted under the terms of Section 3.3.
2.6. Representation
(a) Adequate Systems represents that the Original Software is its
original creation or it has sufficient rights to grant the rights to
the Original Software conveyed by this License.
(b) Each Contributor represents that the Contributions are its original
creation(s) or it has sufficient rights to grant the rights to its
Contributions conveyed by this License.
2.7. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.8. Conditions
Sections 2.4, 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses
granted in Sections 2.1 and 2.2.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of
(a) the Original Software in Source Code Form or
(b) Covered Software in Source Code Form, including any Modifications
that You create or to which You contribute, must be under the terms
of this License. You must inform recipients that the Source Code
Forms of the Original Software and the Covered Software are governed
by the terms of this License, and how they can obtain a copy of this
License. You may not attempt to alter or restrict the recipients’
rights in the Source Code Forms.
3.2. Distribution of Executable Form
(a) If You distribute the Original Software in Executable Form then:
(i) You must also make the Original Software available in Source
Code Form, as described in Section 3.1, and You must inform
recipients of the Executable Form how they can obtain a copy of
such Source Code Form by reasonable means in a timely manner, at
a charge no more than the cost of distribution to the recipient;
and
(ii) You may distribute such Executable Form of the Original
Software under the terms of this License, or sublicense it under
different terms; provided that, if You sublicense the Executable
Form of the Original Software under different terms:
(1) You hereby grant to Adequate Systems a world-wide,
royalty-free, non-exclusive, freely assignable, and fully
sublicensable (including through multiple tiers of
sublicensing) license:
a. under intellectual property rights (other than patent or
trademark) Licensable by You to use, reproduce, make
available, modify, display, perform, distribute, an
otherwise exploit any Modifications You have made to the
Original Software or any work You combine with the
Original Software to create a Larger Work (as provided
in Section 3.3); and
b. under Your Patent Claims to make, use, sell, offer for
sale, have made, import, and otherwise transfer any
Modifications You have made to the Original Software or
any work You combine with the Original Software to
create a Larger Work (as provided in Section 3.3).
(2) the license for the Executable Form must include as an
express condition of the license a restriction that the
Original Software is licensed strictly for use in the Field,
and for no other fields of use;
(3) if the license for the Executable Form permits licensees to
create Modifications of or Larger Works with the Original
Software, such license must include as an express condition
of the license the same grant-back of rights to Adequate
Systems in such Modifications and Larger Works as You are
required to grant to Adequate Systems under Section
3.2(a)(ii)(1); and
(4) the license for the Executable Form shall not attempt to
limit or alter the recipients’ rights in the Source Code
Form under this License.
(b) If You distribute Covered Software in Executable Form
then:
(i) such Covered Software must also be made available
in Source Code Form to recipients, as described in
Section 3.1, and to Adequate Systems in a form that
is easily readable to a software developer of
reasonable skill and not otherwise obfuscated and
You must inform recipients of the Executable Form
how they can obtain a copy of such Source Code Form
by reasonable means in a timely manner, at a charge
no more than the cost of distribution to the
recipient; and
(ii) You may distribute such Executable Form under the
terms of this License, or sublicense it under
different terms, provided that the license for the
Executable Form does not attempt to limit or alter
the recipients’ rights in the Source Code Form under
this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software and the Original Software. If the Larger Work is a
combination of Covered Software with a work governed by one or more
Secondary Licenses, and the Covered Software is not Incompatible With
Secondary Licenses, this License permits You to additionally distribute
such Covered Software under the terms of such Secondary License(s), so
that the recipient of the Larger Work may, at the recipient’s option,
further distribute the Covered Software under the terms of either this
License or such Secondary License(s); provided, however, the Original
Software must always be distributed as provided in Sections 3.1 and 3.2
above.
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software or Original Software, except that You may alter
any license notices to the extent required to remedy known factual
inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software or Original Software. However, You may do so only on Your own
behalf, and not on behalf of any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity, or
liability obligation is offered by You alone, and You hereby agree to
indemnify every Contributor and Adequate Systems for any liability
incurred by such Contributor as a result of warranty, support, indemnity
or liability terms You offer. You may include additional disclaimers of
warranty and limitations of liability specific to any jurisdiction.
4. 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 Covered Software or Original
Software due to statute, judicial order, or regulation then You may not
use the Covered Software or Original Software for any purpose.
5. Termination
--------------
5.1. The rights granted by Adequate Systems and by any and all
Contributors to You under this License will terminate automatically
and immediately if You fail to comply with any of its terms.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that the Original
Software or a Contributor Version directly or indirectly infringes
any patent, then the rights granted to You by Adequate Systems for
the Original Software and any and all Contributors for the Covered
Software under Sections 2.1 and 2.2 of this License shall terminate
immediately.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers)
which have been granted by You or Your distributors under this
License prior to termination shall also terminate.
5.4. Sections 6, 7, 8, and 9 of this License shall survive termination
of this License for any reason.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Original Software and Covered Software are provided under this *
* License on an "as is" basis, without warranty of any kind, either *
* expressed, implied, or statutory, including, without limitation, *
* warranties that the Original Software or Covered Software is free *
* of defects, merchantable, fit for a particular purpose or *
* non-infringing. The entire risk as to the quality and performance *
* of the Original Software and Covered Software is with You. Should *
* any Original Software or Covered Software prove defective in any *
* respect, You (not Adeqaute Systems, nor any 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 any Original Software or Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall Adequate *
* Systems nor any Contributor, nor anyone who distributes Original *
* Software or Covered Software as permitted above, be liable to You *
* for any direct, indirect, special, incidental, or consequential *
* damages of any character including, without limitation, damages *
* for lost profits, 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. *
* *
************************************************************************
8. Choice of Law and Litigation
-------------------------------
This License shall be governed by and construed in accordance with the
laws of the State of Florida, USA, without reference to its
conflict-of-law provisions. Any litigation relating to this License in
which Adequate Systems is named as a party must be brought in the U.S.
District Court for the Middle District of Florida or a state court in
Hillsborough County, Florida. Any litigation relating to this License
in which Adequate Systems is not a party may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business. Nothing in this Section shall prevent a party’s
ability to bring cross-claims or counter-claims.
9. 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. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
Adequate Systems may freely transfer or assign this License, in whole or
in part, including an assignment of any or all rights or a delegation of
any or all duties, and shall use commercially reasonable efforts to
provide public notice of any such transfer, assignment or delegation.
You may not sublicense any rights granted to You under this License
except as provided in this License and You may not transfer or assign
this License, in whole or in part, including any assignment of any
rights or delegation of any duties, except with the prior written
consent of Adequate Systems and each applicable Contributor. Any
purported transfer, assignment or delegation that does not comply with
this paragraph shall be void at its inception.
10. Versions of the License
---------------------------
10.1. New Versions
Adequate Systems is the license steward. No one other than the license
steward has the right to modify or publish new versions of this License.
Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Original Software or the Covered Software under
the terms of the version of the License under which You originally
received the Original Software or Covered Software (as applicable), or
under the terms of any subsequent version published by Adequate Systems.
10.3. Distributing Source Code Form that is Incompatible With Secondary
Licenses.
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the MOCHIMO
CRYPTOCURRENCY ENGINE LICENSE AGREEMENT, v. 1.0. If a copy of that
license agreement was not distributed with this file, You can find a
link to the license at https://www.mochimo.org/license
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------
This Source Code Form is "Incompatible With Secondary Licenses", as
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