363 lines
19 KiB
Groff
363 lines
19 KiB
Groff
OSET Public License
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(c) 2015 ALL RIGHTS RESERVED VERSION 2.1
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THIS LICENSE DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION,
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AND REDISTRIBUTION OF CERTAIN COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY
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RELEASED BY THE OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION (FORMERLY “THE
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OSDV FOUNDATION”). ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR
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REDISTRIBUTES THE COVERED SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION,
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ACCEPTING IN FULL THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE
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TO SUCH TERMS, YOU ARE NOT PERMITTED TO USE THE COVERED SOFTWARE.
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This license was prepared based on the Mozilla Public License (“MPL”), version
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2.0. For annotation of the differences between this license and MPL 2.0,
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please see the OSET Foundation web site at www.OSETFoundation.org/public-license.
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The text of the license begins here:
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1. Definitions
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1.1 “Contributor” means each individual or legal entity that creates, contributes
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to the creation of, or owns Covered Software.
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1.2 “Contributor Version” means the combination of the Contributions of others
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(if any) used by a Contributor and that particular Contributor’s Contribution.
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1.3 “Contribution” means Covered Software of a particular Contributor.
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1.4 “Covered Software” means Source Code Form to which the initial Contributor
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has attached the notice in Exhibit A, the Executable Form of such Source Code
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Form, and Modifications of such Source Code Form, in each case including portions
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thereof.
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1.5 “Incompatible With Secondary Licenses” means:
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a. That the initial Contributor has attached the notice described in Exhibit
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B to the Covered Software; or
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b. that the Covered Software was made available under the terms of version
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1.x or earlier of the License, but not also under the terms of a Secondary
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License.
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1.6 “Executable Form” means any form of the work other than Source Code Form.
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1.7 “Larger Work” means a work that combines Covered Software with other material,
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in a separate file (or files) that is not Covered Software.
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1.8 “License” means this document.
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1.9 “Licensable” means having the right to grant, to the maximum extent possible,
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whether at the time of the initial grant or subsequently, any and all of the
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rights conveyed by this License.
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1.10 “Modifications” means any of the following:
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a. any file in Source Code Form that results from an addition to, deletion
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from, or modification of the contents of Covered Software; or
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b. any new file in Source Code Form that contains any Covered Software.
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1.11 “Patent Claims” of a Contributor means any patent claim(s), including
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without limitation, method, process, and apparatus claims, in any patent Licensable
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by such Contributor that would be infringed, but for the grant of the License,
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by the making, using, selling, offering for sale, having made, import, or
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transfer of either its Contributions or its Contributor Version.
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1.12 “Secondary License” means one of: the GNU General Public License, Version
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2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General
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Public License, Version 3.0, or any later versions of those licenses.
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1.13 “Source Code Form” means the form of the work preferred for making modifications.
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1.14 “You” (or “Your”) means an individual or a legal entity exercising rights
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under this License. For legal entities, “You” includes any entity that controls,
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is controlled by, or is under common control with You. For purposes of this
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definition, “control” means: (a) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or otherwise,
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or (b) ownership of more than fifty percent (50%) of the outstanding shares
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or beneficial ownership of such entity.
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2. License Grants and Conditions
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2.1 Grants Each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license:
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a. under intellectual property rights (other than patent or trademark) Licensable
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by such Contributor to use, reproduce, make available, modify, display, perform,
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distribute, and otherwise exploit its Contributions, either on an unmodified
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basis, with Modifications, or as part of a Larger Work; and
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b. under Patent Claims of such Contributor to make, use, sell, offer for
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sale, have made, import, and otherwise transfer either its Contributions or
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its Contributor Version.
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2.2 Effective Date
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The licenses granted in Section 2.1 with respect to any Contribution become
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effective for each Contribution on the date the Contributor first distributes
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such Contribution.
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2.3 Limitations on Grant Scope
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The licenses granted in this Section 2 are the only rights granted under this
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License. No additional rights or licenses will be implied from the distribution
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or licensing of Covered Software under this License. Notwithstanding Section
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2.1(b) above, no patent license is granted by a Contributor:
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a. for any code that a Contributor has removed from Covered Software; or
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b. for infringements caused by: (i) Your and any other third party’s modifications
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of Covered Software, or (ii) the combination of its Contributions with other
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software (except as part of its Contributor Version); or
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c. under Patent Claims infringed by Covered Software in the absence of its
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Contributions.
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This License does not grant any rights in the trademarks, service marks,
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or logos of any Contributor (except as may be necessary to comply with the
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notice requirements in Section 3.4).
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2.4 Subsequent Licenses
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No Contributor makes additional grants as a result of Your choice to distribute
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the Covered Software under a subsequent version of this License (see Section
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10.2) or under the terms of a Secondary License (if permitted under the terms
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of Section 3.3).
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2.5 Representation
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Each Contributor represents that the Contributor believes its Contributions
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are its original creation(s) or it has sufficient rights to grant the rights
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to its Contributions conveyed by this License.
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2.6 Fair Use
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This License is not intended to limit any rights You have under applicable
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copyright doctrines of fair use, fair dealing, or other equivalents.
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2.7 Conditions
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Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in
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Section 2.1.
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3. Responsibilities
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3.1 Distribution of Source Form
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All distribution of Covered Software in Source Code Form, including any
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Modifications that You create or to which You contribute, must be under the
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terms of this License. You must inform recipients that the Source Code Form
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of the Covered Software is governed by the terms of this License, and how
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they can obtain a copy of this License. You must cause any of Your Modifications
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to carry prominent notices stating that You changed the files. You may not
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attempt to alter or restrict the recipients’ rights in the Source Code Form.
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3.2 Distribution of Executable Form
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If You distribute Covered Software in Executable Form then:
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a. such Covered Software must also be made available in Source Code Form,
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as described in Section 3.1, and You must inform recipients of the Executable
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Form how they can obtain a copy of such Source Code Form by reasonable means
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in a timely manner, at a charge no more than the cost of distribution to the
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recipient; and
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b. You may distribute such Executable Form under the terms of this License,
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or sublicense it under different terms, provided that the license for the
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Executable Form does not attempt to limit or alter the recipients’ rights
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in the Source Code Form under this License.
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3.3 Distribution of a Larger Work
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You may create and distribute a Larger Work under terms of Your choice,
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provided that You also comply with the requirements of this License for the
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Covered Software. If the Larger Work is a combination of Covered Software
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with a work governed by one or more Secondary Licenses, and the Covered Software
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is not Incompatible With Secondary Licenses, this License permits You to additionally
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distribute such Covered Software under the terms of such Secondary License(s),
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so that the recipient of the Larger Work may, at their option, further distribute
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the Covered Software under the terms of either this License or such Secondary
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License(s).
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3.4 Notices
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You may not remove or alter the substance of any license notices (including
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copyright notices, patent notices, disclaimers of warranty, or limitations
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of liability) contained within the Source Code Form of the Covered Software,
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except that You may alter any license notices to the extent required to remedy
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known factual inaccuracies.
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3.5 Application of Additional Terms
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3.5.1 You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of Covered Software.
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However, You may do so only on Your own behalf, and not on behalf of any Contributor.
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You must make it absolutely clear that any such warranty, support, indemnity,
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or liability obligation is offered by You alone, and You hereby agree to indemnify
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every Contributor for any liability incurred by such Contributor as a result
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of warranty, support, indemnity or liability terms You offer. You may include
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additional disclaimers of warranty and limitations of liability specific to
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any jurisdiction.
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3.5.2 You may place additional conditions upon the rights granted in this
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License to the extent necessary due to statute, judicial order, regulation
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(including without limitation state and federal procurement regulation), national
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security, or public interest. Any such additional conditions must be clearly
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described in the notice provisions required under Section 3.4. Any alteration
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of the terms of this License will apply to all copies of the Covered Software
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distributed by You or by any downstream recipients that receive the Covered
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Software from You.
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4. Inability to Comply Due to Statute or Regulation
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Software due to statute, judicial
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order, or regulation, then You must: (a) comply with the terms of this License
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to the maximum extent possible; and (b) describe the limitations and the code
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they affect. Such description must be included in the notices required under
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Section 3.4. Except to the extent prohibited by statute or regulation, such
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description must be sufficiently detailed for a recipient of ordinary skill
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to be able to understand it.
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5. Termination
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5.1 Failure to Comply
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The rights granted under this License will terminate automatically if You
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fail to comply with any of its terms. However, if You become compliant, then
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the rights granted under this License from a particular Contributor are reinstated
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(a) provisionally, unless and until such Contributor explicitly and finally
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terminates Your grants, and (b) on an ongoing basis, if such Contributor fails
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to notify You of the non-compliance by some reasonable means prior to 60-days
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after You have come back into compliance. Moreover, Your grants from a particular
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Contributor are reinstated on an ongoing basis if such Contributor notifies
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You of the non-compliance by some reasonable means, this is the first time
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You have received notice of non-compliance with this License from such Contributor,
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and You become compliant prior to 30-days after Your receipt of the notice.
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5.2 Patent Infringement Claims
If You initiate litigation against any
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entity by asserting a patent infringement claim (excluding declaratory judgment
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actions, counter-claims, and cross-claims) alleging that a Contributor Version
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directly or indirectly infringes any patent, then the rights granted to You
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by any and all Contributors for the Covered Software under Section 2.1 of
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this License shall terminate.
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5.3 Additional Compliance Terms
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Notwithstanding the foregoing in this Section 5, for purposes of this Section,
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if You breach Section 3.1 (Distribution of Source Form), Section 3.2 (Distribution
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of Executable Form), Section 3.3 (Distribution of a Larger Work), or Section
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3.4 (Notices), then becoming compliant as described in Section 5.1 must also
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include, no later than 30 days after receipt by You of notice of such violation
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by a Contributor, making the Covered Software available in Source Code Form
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as required by this License on a publicly available computer network for a
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period of no less than three (3) years.
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5.4 Contributor Remedies
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If You fail to comply with the terms of this License and do not thereafter
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become compliant in accordance with Section 5.1 and, if applicable, Section
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5.3, then each Contributor reserves its right, in addition to any other rights
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it may have in law or in equity, to bring an action seeking injunctive relief,
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or damages for willful copyright or patent infringement (including without
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limitation damages for unjust enrichment, where available under law), for
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all actions in violation of rights that would otherwise have been granted
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under the terms of this License.
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5.5 End User License Agreements
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In the event of termination under this Section 5, all end user license agreements
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(excluding distributors and resellers), which have been validly granted by
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You or Your distributors under this License prior to termination shall survive
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termination.
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6. Disclaimer of Warranty
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Covered Software is provided under this License on an “as is” basis, without
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warranty of any kind, either expressed, implied, or statutory, including,
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without limitation, warranties that the Covered Software is free of defects,
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merchantable, fit for a particular purpose or non-infringing. The entire risk
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as to the quality and performance of the Covered Software is with You. Should
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any Covered Software prove defective in any respect, You (not any Contributor)
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assume the cost of any necessary servicing, repair, or correction. This disclaimer
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of warranty constitutes an essential part of this License. No use of any
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Covered Software is authorized under this License except under this disclaimer.
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7. Limitation of Liability
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Under no circumstances and under no legal theory, whether tort (including
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negligence), contract, or otherwise, shall any Contributor, or anyone who
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distributes Covered Software as permitted above, be liable to You for any
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direct, indirect, special, incidental, or consequential damages of any character
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including, without limitation, damages for lost profits, loss of goodwill,
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work stoppage, computer failure or malfunction, or any and all other commercial
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damages or losses, even if such party shall have been informed of the possibility
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of such damages. This limitation of liability shall not apply to liability
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for death or personal injury resulting from such party’s negligence to the
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extent applicable law prohibits such limitation. Some jurisdictions do not
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allow the exclusion or limitation of incidental or consequential damages,
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so this exclusion and limitation may not apply to You.
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8. Litigation
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Any litigation relating to this License may be brought only in the courts
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of a jurisdiction where the defendant maintains its principal place of business
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and such litigation shall be governed by laws of that jurisdiction, without
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reference to its conflict-of-law provisions. Nothing in this Section shall
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prevent a party’s ability to bring cross-claims or counter-claims.
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9. Government Terms
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9.1 Commercial Item
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The Covered Software is a “commercial item,” as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software”
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and “commercial computer software documentation,” as such terms are used in
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48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
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227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
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Covered Software with only those rights set forth herein.
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9.2 No Sovereign Immunity
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The U.S. federal government and states that use or distribute Covered Software
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hereby waive their sovereign immunity with respect to enforcement of the provisions
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of this License.
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9.3 Choice of Law and Venue
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9.3.1 If You are a government of a state of the United States, or Your use
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of the Covered Software is pursuant to a procurement contract with such a
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state government, this License shall be governed by the law of such state,
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excluding its conflict-of-law provisions, and the adjudication of disputes
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relating to this License will be subject to the exclusive jurisdiction of
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the state and federal courts located in such state.
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9.3.2 If You are an agency of the United States federal government, or Your
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use of the Covered Software is pursuant to a procurement contract with such
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an agency, this License shall be governed by federal law for all purposes,
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and the adjudication of disputes relating to this License will be subject
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to the exclusive jurisdiction of the federal courts located in Washington,
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D.C.
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9.3.3 You may alter the terms of this Section 9.3 for this License as described
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in Section 3.5.2.
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9.4 Supremacy
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This Section 9 is in lieu of, and supersedes, any other Federal Acquisition
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Regulation, Defense Federal Acquisition Regulation, or other clause or provision
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that addresses government rights in computer software under this License.
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10. Miscellaneous
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This License represents the complete agreement concerning the subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it enforceable.
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Any law or regulation, which provides that the language of a contract shall
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be construed against the drafter, shall not be used to construe this License
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against a Contributor.
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11. Versions of the License
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11.1 New Versions The Open Source Election Technology Foundation (“OSET”)
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(formerly known as the Open Source Digital Voting Foundation) is the steward
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of this License. Except as provided in Section 11.3, no one other than the
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license steward has the right to modify or publish new versions of this License.
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Each version will be given a distinguishing version number.
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11.2 Effects of New Versions You may distribute the Covered Software under
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the terms of the version of the License under which You originally received
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the Covered Software, or under the terms of any subsequent version published
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by the license steward.
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11.3 Modified Versions If You create software not governed by this License,
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and You want to create a new license for such software, You may create and
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use a modified version of this License if You rename the license and remove
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any references to the name of the license steward (except to note that such
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modified license differs from this License).
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11.4 Distributing Source Code Form That is Incompatible With Secondary Licenses
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If You choose to distribute Source Code Form that is Incompatible With Secondary
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Licenses under the terms of this version of the License, the notice described
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in Exhibit B of this License must be attached.
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EXHIBIT A – Source Code Form License Notice
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This Source Code Form is subject to the terms of the OSET Public License,
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v.2.1 (“OSET-PL-2.1”). If a copy of the OPL was not distributed with this
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file, You can obtain one at: www.OSETFoundation.org/public-license.
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If it is not possible or desirable to put the Notice in a particular file,
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then You may include the Notice in a location (e.g., such as a LICENSE file
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in a relevant directory) where a recipient would be likely to look for such
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a notice. You may add additional accurate notices of copyright ownership.
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EXHIBIT B - “Incompatible With Secondary License” Notice
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This Source Code Form is “Incompatible With Secondary Licenses”, as defined
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by the OSET Public License, v.2.1.
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