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OSET-PL-2.1 19KB

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  1. OSET Public License (c) 2015 ALL RIGHTS RESERVED VERSION 2.1 THIS LICENSE
  2. DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION, AND REDISTRIBUTION
  3. OF CERTAIN COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY RELEASED BY THE
  4. OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION (FORMERLY "THE OSDV FOUNDATION").
  5. ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR REDISTRIBUTES THE COVERED
  6. SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION, ACCEPTING IN FULL THE TERMS
  7. CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, YOU ARE NOT
  8. PERMITTED TO USE THE COVERED SOFTWARE. This license was prepared based on
  9. the Mozilla Public License ("MPL"), version 2.0. For annotation of the differences
  10. between this license and MPL 2.0, please see the OSET Foundation web site
  11. at www.OSETFoundation.org/public-license.
  12. The text of the license begins here:
  13. 1. Definitions
  14. 1.1 "Contributor" means each individual or legal entity that creates, contributes
  15. to the creation of, or owns Covered Software.
  16. 1.2 "Contributor Version" means the combination of the Contributions of others
  17. (if any) used by a Contributor and that particular Contributor's Contribution.
  18. 1.3 "Contribution" means Covered Software of a particular Contributor.
  19. 1.4 "Covered Software" means Source Code Form to which the initial Contributor
  20. has attached the notice in Exhibit A, the Executable Form of such Source Code
  21. Form, and Modifications of such Source Code Form, in each case including portions
  22. thereof.
  23. 1.5 "Incompatible With Secondary Licenses" means:
  24. a. That the initial Contributor has attached the notice described in Exhibit
  25. B to the Covered Software; or
  26. b. that the Covered Software was made available under the terms of version
  27. 1.x or earlier of the License, but not also under the terms of a Secondary
  28. License.
  29. 1.6 "Executable Form" means any form of the work other than Source Code Form.
  30. 1.7 "Larger Work" means a work that combines Covered Software with other material,
  31. in a separate file (or files) that is not Covered Software.
  32. 1.8 "License" means this document.
  33. 1.9 "Licensable" means having the right to grant, to the maximum extent possible,
  34. whether at the time of the initial grant or subsequently, any and all of the
  35. rights conveyed by this License.
  36. 1.10 "Modifications" means any of the following:
  37. a. any file in Source Code Form that results from an addition to, deletion
  38. from, or modification of the contents of Covered Software; or
  39. b. any new file in Source Code Form that contains any Covered Software.
  40. 1.11 "Patent Claims" of a Contributor means any patent claim(s), including
  41. without limitation, method, process, and apparatus claims, in any patent Licensable
  42. by such Contributor that would be infringed, but for the grant of the License,
  43. by the making, using, selling, offering for sale, having made, import, or
  44. transfer of either its Contributions or its Contributor Version.
  45. 1.12 "Secondary License" means one of: the GNU General Public License, Version
  46. 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General
  47. Public License, Version 3.0, or any later versions of those licenses.
  48. 1.13 "Source Code Form" means the form of the work preferred for making modifications.
  49. 1.14 "You" (or "Your") means an individual or a legal entity exercising rights
  50. under this License. For legal entities, "You" includes any entity that controls,
  51. is controlled by, or is under common control with You. For purposes of this
  52. definition, "control" means:
  53. (a) the power, direct or indirect, to cause the direction or management of
  54. such entity, whether by contract or otherwise, or
  55. (b) ownership of more than fifty percent (50%) of the outstanding shares or
  56. beneficial ownership of such entity.
  57. 2. License Grants and Conditions
  58. 2.1 Grants
  59. Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
  60. license:
  61. a. under intellectual property rights (other than patent or trademark) Licensable
  62. by such Contributor to use, reproduce, make available, modify, display, perform,
  63. distribute, and otherwise exploit its Contributions, either on an unmodified
  64. basis, with Modifications, or as part of a Larger Work; and
  65. b. under Patent Claims of such Contributor to make, use, sell, offer for sale,
  66. have made, import, and otherwise transfer either its Contributions or its
  67. Contributor Version.
  68. 2.2 Effective Date
  69. The licenses granted in Section 2.1 with respect to any Contribution become
  70. effective for each Contribution on the date the Contributor first distributes
  71. such Contribution.
  72. 2.3 Limitations on Grant Scope
  73. The licenses granted in this Section 2 are the only rights granted under this
  74. License. No additional rights or licenses will be implied from the distribution
  75. or licensing of Covered Software under this License. Notwithstanding Section
  76. 2.1(b) above, no patent license is granted by a Contributor:
  77. a. for any code that a Contributor has removed from Covered Software; or
  78. b. for infringements caused by: (i) Your and any other third party's modifications
  79. of Covered Software, or (ii) the combination of its Contributions with other
  80. software (except as part of its Contributor Version); or
  81. c. under Patent Claims infringed by Covered Software in the absence of its
  82. Contributions.
  83. This License does not grant any rights in the trademarks, service marks, or
  84. logos of any Contributor (except as may be necessary to comply with the notice
  85. requirements in Section 3.4).
  86. 2.4 Subsequent Licenses
  87. No Contributor makes additional grants as a result of Your choice to distribute
  88. the Covered Software under a subsequent version of this License (see Section
  89. 10.2) or under the terms of a Secondary License (if permitted under the terms
  90. of Section 3.3).
  91. 2.5 Representation
  92. Each Contributor represents that the Contributor believes its Contributions
  93. are its original creation(s) or it has sufficient rights to grant the rights
  94. to its Contributions conveyed by this License.
  95. 2.6 Fair Use
  96. This License is not intended to limit any rights You have under applicable
  97. copyright doctrines of fair use, fair dealing, or other equivalents.
  98. 2.7 Conditions
  99. Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in
  100. Section 2.1.
  101. 3. Responsibilities
  102. 3.1 Distribution of Source Form
  103. All distribution of Covered Software in Source Code Form, including any Modifications
  104. that You create or to which You contribute, must be under the terms of this
  105. License. You must inform recipients that the Source Code Form of the Covered
  106. Software is governed by the terms of this License, and how they can obtain
  107. a copy of this License. You must cause any of Your Modifications to carry
  108. prominent notices stating that You changed the files. You may not attempt
  109. to alter or restrict the recipients' rights in the Source Code Form.
  110. 3.2 Distribution of Executable Form
  111. If You distribute Covered Software in Executable Form then:
  112. a. such Covered Software must also be made available in Source Code Form,
  113. as described in Section 3.1, and You must inform recipients of the Executable
  114. Form how they can obtain a copy of such Source Code Form by reasonable means
  115. in a timely manner, at a charge no more than the cost of distribution to the
  116. recipient; and
  117. b. You may distribute such Executable Form under the terms of this License,
  118. or sublicense it under different terms, provided that the license for the
  119. Executable Form does not attempt to limit or alter the recipients' rights
  120. in the Source Code Form under this License.
  121. 3.3 Distribution of a Larger Work
  122. You may create and distribute a Larger Work under terms of Your choice, provided
  123. that You also comply with the requirements of this License for the Covered
  124. Software. If the Larger Work is a combination of Covered Software with a work
  125. governed by one or more Secondary Licenses, and the Covered Software is not
  126. Incompatible With Secondary Licenses, this License permits You to additionally
  127. distribute such Covered Software under the terms of such Secondary License(s),
  128. so that the recipient of the Larger Work may, at their option, further distribute
  129. the Covered Software under the terms of either this License or such Secondary
  130. License(s).
  131. 3.4 Notices
  132. You may not remove or alter the substance of any license notices (including
  133. copyright notices, patent notices, disclaimers of warranty, or limitations
  134. of liability) contained within the Source Code Form of the Covered Software,
  135. except that You may alter any license notices to the extent required to remedy
  136. known factual inaccuracies.
  137. 3.5 Application of Additional Terms
  138. 3.5.1 You may choose to offer, and to charge a fee for, warranty, support,
  139. indemnity or liability obligations to one or more recipients of Covered Software.
  140. However, You may do so only on Your own behalf, and not on behalf of any Contributor.
  141. You must make it absolutely clear that any such warranty, support, indemnity,
  142. or liability obligation is offered by You alone, and You hereby agree to indemnify
  143. every Contributor for any liability incurred by such Contributor as a result
  144. of warranty, support, indemnity or liability terms You offer. You may include
  145. additional disclaimers of warranty and limitations of liability specific to
  146. any jurisdiction.
  147. 3.5.2 You may place additional conditions upon the rights granted in this
  148. License to the extent necessary due to statute, judicial order, regulation
  149. (including without limitation state and federal procurement regulation), national
  150. security, or public interest. Any such additional conditions must be clearly
  151. described in the notice provisions required under Section 3.4. Any alteration
  152. of the terms of this License will apply to all copies of the Covered Software
  153. distributed by You or by any downstream recipients that receive the Covered
  154. Software from You.
  155. 4. Inability to Comply Due to Statute or Regulation
  156. If it is impossible for You to comply with any of the terms of this License
  157. with respect to some or all of the Covered Software due to statute, judicial
  158. order, or regulation, then You must: (a) comply with the terms of this License
  159. to the maximum extent possible; and (b) describe the limitations and the code
  160. they affect. Such description must be included in the notices required under
  161. Section 3.4. Except to the extent prohibited by statute or regulation, such
  162. description must be sufficiently detailed for a recipient of ordinary skill
  163. to be able to understand it.
  164. 5. Termination
  165. 5.1 Failure to Comply
  166. The rights granted under this License will terminate automatically if You
  167. fail to comply with any of its terms. However, if You become compliant, then
  168. the rights granted under this License from a particular Contributor are reinstated
  169. (a) provisionally, unless and until such Contributor explicitly and finally
  170. terminates Your grants, and (b) on an ongoing basis, if such Contributor fails
  171. to notify You of the non-compliance by some reasonable means prior to 60-days
  172. after You have come back into compliance. Moreover, Your grants from a particular
  173. Contributor are reinstated on an ongoing basis if such Contributor notifies
  174. You of the non-compliance by some reasonable means, this is the first time
  175. You have received notice of non-compliance with this License from such Contributor,
  176. and You become compliant prior to 30-days after Your receipt of the notice.
  177. 5.2 Patent Infringement Claims
  178. If You initiate litigation against any entity by asserting a patent infringement
  179. claim (excluding declaratory judgment actions, counter-claims, and cross-claims
  180. ) alleging that a Contributor Version directly or indirectly infringes any
  181. patent, then the rights granted to You by any and all Contributors for the
  182. Covered Software under Section 2.1 of this License shall terminate.
  183. 5.3 Additional Compliance Terms
  184. Notwithstanding the foregoing in this Section 5, for purposes of this Section,
  185. if You breach Section 3.1 (Distribution of Source Form), Section 3.2 (Distribution
  186. of Executable Form), Section 3.3 (Distribution of a Larger Work), or Section
  187. 3.4 (Notices), then becoming compliant as described in Section 5.1 must also
  188. include, no later than 30 days after receipt by You of notice of such violation
  189. by a Contributor, making the Covered Software available in Source Code Form
  190. as required by this License on a publicly available computer network for a
  191. period of no less than three (3) years.
  192. 5.4 Contributor Remedies
  193. If You fail to comply with the terms of this License and do not thereafter
  194. become compliant in accordance with Section 5.1 and, if applicable, Section
  195. 5.3, then each Contributor reserves its right, in addition to any other rights
  196. it may have in law or in equity, to bring an action seeking injunctive relief,
  197. or damages for willful copyright or patent infringement (including without
  198. limitation damages for unjust enrichment, where available under law), for
  199. all actions in violation of rights that would otherwise have been granted
  200. under the terms of this License.
  201. 5.5 End User License Agreements
  202. In the event of termination under this Section 5, all end user license agreements
  203. (excluding distributors and resellers), which have been validly granted by
  204. You or Your distributors under this License prior to termination shall survive
  205. termination.
  206. 6. Disclaimer of Warranty
  207. Covered Software is provided under this License on an "as is" basis, without
  208. warranty of any kind, either expressed, implied, or statutory, including,
  209. without limitation, warranties that the Covered Software is free of defects,
  210. merchantable, fit for a particular purpose or non-infringing. The entire risk
  211. as to the quality and performance of the Covered Software is with You. Should
  212. any Covered Software prove defective in any respect, You (not any Contributor)
  213. assume the cost of any necessary servicing, repair, or correction. This disclaimer
  214. of warranty constitutes an essential part of this License. No use of any Covered
  215. Software is authorized under this License except under this disclaimer.
  216. 7. Limitation of Liability
  217. Under no circumstances and under no legal theory, whether tort (including
  218. negligence), contract, or otherwise, shall any Contributor, or anyone who
  219. distributes Covered Software as permitted above, be liable to You for any
  220. direct, indirect, special, incidental, or consequential damages of any character
  221. including, without limitation, damages for lost profits, loss of goodwill,
  222. work stoppage, computer failure or malfunction, or any and all other commercial
  223. damages or losses, even if such party shall have been informed of the possibility
  224. of such damages. This limitation of liability shall not apply to liability
  225. for death or personal injury resulting from such party's negligence to the
  226. extent applicable law prohibits such limitation. Some jurisdictions do not
  227. allow the exclusion or limitation of incidental or consequential damages,
  228. so this exclusion and limitation may not apply to You.
  229. 8. Litigation
  230. Any litigation relating to this License may be brought only in the courts
  231. of a jurisdiction where the defendant maintains its principal place of business
  232. and such litigation shall be governed by laws of that jurisdiction, without
  233. reference to its conflict-of-law provisions. Nothing in this Section shall
  234. prevent a party's ability to bring cross-claims or counter-claims.
  235. 9. Government Terms
  236. 9.1 Commercial Item
  237. The Covered Software is a "commercial item," as that term is defined in 48
  238. C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and
  239. "commercial computer software documentation," as such terms are used in 48
  240. C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
  241. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
  242. Covered Software with only those rights set forth herein.
  243. 9.2 No Sovereign Immunity
  244. The U.S. federal government and states that use or distribute Covered Software
  245. hereby waive their sovereign immunity with respect to enforcement of the provisions
  246. of this License.
  247. 9.3 Choice of Law and Venue
  248. 9.3.1 If You are a government of a state of the United States, or Your use
  249. of the Covered Software is pursuant to a procurement contract with such a
  250. state government, this License shall be governed by the law of such state,
  251. excluding its conflict-of-law provisions, and the adjudication of disputes
  252. relating to this License will be subject to the exclusive jurisdiction of
  253. the state and federal courts located in such state.
  254. 9.3.2 If You are an agency of the United States federal government, or Your
  255. use of the Covered Software is pursuant to a procurement contract with such
  256. an agency, this License shall be governed by federal law for all purposes,
  257. and the adjudication of disputes relating to this License will be subject
  258. to the exclusive jurisdiction of the federal courts located in Washington,
  259. D.C.
  260. 9.3.3 You may alter the terms of this Section 9.3 for this License as described
  261. in Section 3.5.2.
  262. 9.4 Supremacy
  263. This Section 9 is in lieu of, and supersedes, any other Federal Acquisition
  264. Regulation, Defense Federal Acquisition Regulation, or other clause or provision
  265. that addresses government rights in computer software under this License.
  266. 10. Miscellaneous
  267. This License represents the complete agreement concerning the subject matter
  268. hereof. If any provision of this License is held to be unenforceable, such
  269. provision shall be reformed only to the extent necessary to make it enforceable.
  270. Any law or regulation, which provides that the language of a contract shall
  271. be construed against the drafter, shall not be used to construe this License
  272. against a Contributor.
  273. 11. Versions of the License
  274. 11.1 New Versions
  275. The Open Source Election Technology Foundation ("OSET") (formerly known as
  276. the Open Source Digital Voting Foundation) is the steward of this License.
  277. Except as provided in Section 11.3, no one other than the license steward
  278. has the right to modify or publish new versions of this License. Each version
  279. will be given a distinguishing version number.
  280. 11.2 Effects of New Versions
  281. You may distribute the Covered Software under the terms of the version of
  282. the License under which You originally received the Covered Software, or under
  283. the terms of any subsequent version published by the license steward.
  284. 11.3 Modified Versions
  285. If You create software not governed by this License, and You want to create
  286. a new license for such software, You may create and use a modified version
  287. of this License if You rename the license and remove any references to the
  288. name of the license steward (except to note that such modified license differs
  289. from this License).
  290. 11.4 Distributing Source Code Form That is Incompatible With Secondary Licenses
  291. If You choose to distribute Source Code Form that is Incompatible With Secondary
  292. Licenses under the terms of this version of the License, the notice described
  293. in Exhibit B of this License must be attached. EXHIBIT A - Source Code Form
  294. License Notice
  295. This Source Code Form is subject to the terms of the OSET Public License,
  296. v.2.1 ("OPL"). If a copy of the OPL was not distributed with this file, You
  297. can obtain one at: www.OSETFoundation.org/public-license.
  298. If it is not possible or desirable to put the Notice in a particular file,
  299. then You may include the Notice in a location (e.g., such as a LICENSE file
  300. in a relevant directory) where a recipient would be likely to look for such
  301. a notice. You may add additional accurate notices of copyright ownership.
  302. EXHIBIT B - "Incompatible With Secondary License" Notice
  303. This Source Code Form is "Incompatible With Secondary Licenses", as defined
  304. by the OSET Public License, v.2.1.