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- OSET Public License
-
- (c) 2015 ALL RIGHTS RESERVED VERSION 2.1 THIS LICENSE DEFINES THE RIGHTS OF
- USE, REPRODUCTION, DISTRIBUTION, MODIFICATION, AND REDISTRIBUTION OF CERTAIN
- COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY RELEASED BY THE OPEN SOURCE
- ELECTION TECHNOLOGY FOUNDATION (FORMERLY "THE OSDV FOUNDATION").
-
- ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR REDISTRIBUTES THE COVERED
- SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION, ACCEPTING IN FULL THE TERMS
- CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, YOU ARE NOT
- PERMITTED TO USE THE COVERED SOFTWARE. This license was prepared based on
- the Mozilla Public License ("MPL"), version 2.0. For annotation of the differences
- between this license and MPL 2.0, please see the OSET Foundation web site
- at www.OSETFoundation.org/public-license.
-
- The text of the license begins here:
-
- 1. Definitions
-
- 1.1 "Contributor" means each individual or legal entity that creates, contributes
- to the creation of, or owns Covered Software.
-
- 1.2 "Contributor Version" means the combination of the Contributions of others
- (if any) used by a Contributor and that particular Contributor's Contribution.
-
- 1.3 "Contribution" means Covered Software of a particular Contributor.
-
- 1.4 "Covered Software" means 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.
-
- 1.5 "Incompatible With Secondary Licenses" means:
-
- a. That the initial Contributor has attached the notice described in Exhibit
- B to the Covered Software; or
-
- b. that the Covered Software was made available under the terms of version
- 1.x or earlier of the License, but not also under the terms of a Secondary
- License.
-
- 1.6 "Executable Form" means any form of the work other than Source Code Form.
-
- 1.7 "Larger Work" means a work that combines Covered Software with other material,
- in a separate file (or files) that is not Covered Software.
-
- 1.8 "License" means this document.
-
- 1.9 "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.
-
- 1.10 "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
-
- b. any new file in Source Code Form that contains any Covered Software.
-
- 1.11 "Patent Claims" of a Contributor means any patent claim(s), including
- without limitation, method, process, and apparatus claims, in any patent Licensable
- by such Contributor 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.
-
- 1.12 "Secondary License" means one of: 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.
-
- 1.13 "Source Code Form" means the form of the work preferred for making modifications.
-
- 1.14 "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 Grants
-
- Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
- 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.
-
- 2.2 Effective Date
-
- The licenses granted in Section 2.1 with respect to any Contribution become
- effective for each Contribution on the date the Contributor first distributes
- such Contribution.
-
- 2.3 Limitations on Grant Scope
-
- The licenses granted in this Section 2 are the only rights granted under this
- License. No additional rights or licenses will be implied from the distribution
- or licensing of Covered Software under this License. Notwithstanding Section
- 2.1(b) above, no patent license is granted by a Contributor:
-
- a. for any code that a Contributor has removed from Covered Software; or
-
- b. for infringements caused by: (i) Your and any other third party's modifications
- of Covered Software, or (ii) the combination of its Contributions with other
- software (except as part of its Contributor Version); or
-
- c. under Patent Claims infringed by Covered Software in the absence of its
- Contributions.
-
- This License does not grant any rights in the trademarks, service marks, or
- logos of any Contributor (except as may be necessary to comply with the notice
- requirements in Section 3.4).
-
- 2.4 Subsequent Licenses
-
- 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).
-
- 2.5 Representation
-
- Each Contributor represents that the Contributor believes its Contributions
- are its original creation(s) or it has sufficient rights to grant the rights
- to its Contributions conveyed by this License.
-
- 2.6 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.
-
- 2.7 Conditions
-
- Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in
- Section 2.1.
-
- 3. Responsibilities
-
- 3.1 Distribution of Source Form
-
- All distribution of 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 Form of the Covered
- Software is governed by the terms of this License, and how they can obtain
- a copy of this License. You must cause any of Your Modifications to carry
- prominent notices stating that You changed the files. You may not attempt
- to alter or restrict the recipients' rights in the Source Code Form.
-
- 3.2 Distribution of Executable Form
-
- If You distribute Covered Software in Executable Form then:
-
- a. such Covered Software must also be made 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
-
- b. 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. 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 their option, further distribute
- the Covered Software under the terms of either this License or such Secondary
- License(s).
-
- 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,
- except that You may alter any license notices to the extent required to remedy
- known factual inaccuracies.
-
- 3.5 Application of Additional Terms
-
- 3.5.1 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.
- 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 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.
-
- 3.5.2 You may place additional conditions upon the rights granted in this
- License to the extent necessary due to statute, judicial order, regulation
- (including without limitation state and federal procurement regulation), national
- security, or public interest. Any such additional conditions must be clearly
- described in the notice provisions required under Section 3.4. Any alteration
- of the terms of this License will apply to all copies of the Covered Software
- distributed by You or by any downstream recipients that receive the Covered
- Software from You.
-
- 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 due to statute, judicial
- order, or regulation, then You must: (a) comply with the terms of this License
- to the maximum extent possible; and (b) describe the limitations and the code
- they affect. Such description must be included in the notices required under
- Section 3.4. Except to the extent prohibited by statute or regulation, such
- description must be sufficiently detailed for a recipient of ordinary skill
- to be able to understand it.
-
- 5. Termination
-
- 5.1 Failure to Comply
-
- The rights granted under this License will terminate automatically if You
- fail to comply with any of its terms. However, if You become compliant, then
- the rights granted under this License from a particular Contributor are reinstated
- (a) provisionally, unless and until such Contributor explicitly and finally
- terminates Your grants, and (b) on an ongoing basis, if such Contributor fails
- to notify You of the non-compliance by some reasonable means prior to 60-days
- after You have come back into compliance. Moreover, Your grants from a particular
- Contributor are reinstated on an ongoing basis if such Contributor notifies
- You of the non-compliance by some reasonable means, this is the first time
- You have received notice of non-compliance with this License from such Contributor,
- and You become compliant prior to 30-days after Your receipt of the notice.
-
- 5.2 Patent Infringement Claims
-
- If You initiate litigation against any entity by asserting a patent infringement
- claim (excluding declaratory judgment actions, counter-claims, and cross-claims
- ) alleging that a Contributor Version directly or indirectly infringes any
- patent, then the rights granted to You by any and all Contributors for the
- Covered Software under Section 2.1 of this License shall terminate.
-
- 5.3 Additional Compliance Terms
-
- Notwithstanding the foregoing in this Section 5, for purposes of this Section,
- if You breach Section 3.1 (Distribution of Source Form), Section 3.2 (Distribution
- of Executable Form), Section 3.3 (Distribution of a Larger Work), or Section
- 3.4 (Notices), then becoming compliant as described in Section 5.1 must also
- include, no later than 30 days after receipt by You of notice of such violation
- by a Contributor, making the Covered Software available in Source Code Form
- as required by this License on a publicly available computer network for a
- period of no less than three (3) years.
-
- 5.4 Contributor Remedies
-
- If You fail to comply with the terms of this License and do not thereafter
- become compliant in accordance with Section 5.1 and, if applicable, Section
- 5.3, then each Contributor reserves its right, in addition to any other rights
- it may have in law or in equity, to bring an action seeking injunctive relief,
- or damages for willful copyright or patent infringement (including without
- limitation damages for unjust enrichment, where available under law), for
- all actions in violation of rights that would otherwise have been granted
- under the terms of this License.
-
- 5.5 End User License Agreements
-
- In the event of termination under this Section 5, all end user license agreements
- (excluding distributors and resellers), which have been validly granted by
- You or Your distributors under this License prior to termination shall survive
- termination.
-
- 6. Disclaimer of Warranty
-
- Covered Software is 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 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 Covered Software is with You. Should
- any Covered Software prove defective in any respect, You (not 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 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 any Contributor, or anyone who
- distributes 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. Litigation
-
- Any litigation relating to this License may be brought only in the courts
- of a jurisdiction where the defendant maintains its principal place of business
- and such litigation shall be governed by laws of that jurisdiction, without
- reference to its conflict-of-law provisions. Nothing in this Section shall
- prevent a party's ability to bring cross-claims or counter-claims.
-
- 9. Government Terms
-
- 9.1 Commercial Item
-
- The Covered Software is a "commercial item," as that term is defined in 48
- C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and
- "commercial computer software documentation," as such terms are used in 48
- C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
- 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
- Covered Software with only those rights set forth herein.
-
- 9.2 No Sovereign Immunity
-
- The U.S. federal government and states that use or distribute Covered Software
- hereby waive their sovereign immunity with respect to enforcement of the provisions
- of this License.
-
- 9.3 Choice of Law and Venue
-
- 9.3.1 If You are a government of a state of the United States, or Your use
- of the Covered Software is pursuant to a procurement contract with such a
- state government, this License shall be governed by the law of such state,
- excluding its conflict-of-law provisions, and the adjudication of disputes
- relating to this License will be subject to the exclusive jurisdiction of
- the state and federal courts located in such state.
-
- 9.3.2 If You are an agency of the United States federal government, or Your
- use of the Covered Software is pursuant to a procurement contract with such
- an agency, this License shall be governed by federal law for all purposes,
- and the adjudication of disputes relating to this License will be subject
- to the exclusive jurisdiction of the federal courts located in Washington,
- D.C.
-
- 9.3.3 You may alter the terms of this Section 9.3 for this License as described
- in Section 3.5.2.
-
- 9.4 Supremacy
-
- This Section 9 is in lieu of, and supersedes, any other Federal Acquisition
- Regulation, Defense Federal Acquisition Regulation, or other clause or provision
- that addresses government rights in computer software under this License.
-
- 10. 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.
-
- 11. Versions of the License
-
- 11.1 New Versions
-
- The Open Source Election Technology Foundation ("OSET") (formerly known as
- the Open Source Digital Voting Foundation) is the steward of this License.
- Except as provided in Section 11.3, 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.
-
- 11.2 Effects of New Versions
-
- You may distribute the Covered Software under the terms of the version of
- the License under which You originally received the Covered Software, or under
- the terms of any subsequent version published by the license steward.
-
- 11.3 Modified Versions
-
- If You create software not governed by this License, and You want to create
- a new license for such software, You may create and use a modified version
- of this License if You rename the license and remove any references to the
- name of the license steward (except to note that such modified license differs
- from this License).
-
- 11.4 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 OSET Public License,
- v.2.1 ("OPL"). If a copy of the OPL was not distributed with this file, You
- can obtain one at: www.OSETFoundation.org/public-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 (e.g., 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 License" Notice
-
- This Source Code Form is "Incompatible With Secondary Licenses", as defined
- by the OSET Public License, v.2.1.
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