# 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 defined by the MOCHIMO CRYPTOCURRENCY ENGINE LICENSE AGREEMENT, v. 1.0.