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OSET Public License version 2.1 | Software Package Data Exchange (SPDX)
OSET Public License version 2.1
Full name
OSET Public License version 2.1
Short identifier
OSET-PL-2.1
Other web pages for this license
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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:
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1.
Definitions
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1.1
"Contributor" means each individual or legal entity that
creates, contributes to the creation of, or owns
Covered Software.
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1.2
"Contributor Version" means the combination of the
Contributions of others (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 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.
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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 B to the Covered
Software; or
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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.
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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, 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, whether at the time of the
initial grant or subsequently, any and all of the
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 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 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.
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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.
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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 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:
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(a)
the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or
otherwise, or
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(b)
ownership of more than fifty percent
(50%) of the outstanding shares 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, non-exclusive license:
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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
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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.
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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.
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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:
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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 of Covered
Software, or (ii) the combination of its
Contributions with other 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 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).
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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).
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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.
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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.
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2.7
Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.
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3.
Responsibilities
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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.
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3.2 Distribution of Executable Form
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, 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
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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.
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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).
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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.
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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, 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.
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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.
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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.
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5.
Termination
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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9. Government Terms
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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.
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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.
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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 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.
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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.
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9.3.3 You may alter the terms of this Section 9.3
for this License as described in Section
3.5.2.
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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.
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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.
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11. Versions of the License
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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.
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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.
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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).
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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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