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