key: osetpl-2.1 is_deprecated: yes replaced_by: - oset-pl-2.1 short_name: OSET 2.1 name: OSET Public License v2.1 category: Copyleft Limited owner: OSET Foundation homepage_url: http://www.osetfoundation.org/s/OPL_v21-plain.txt notes: duplicate of oset-pl-2.1 text: "OSET Public License\n(c) 2015 ALL RIGHTS RESERVED VERSION 2.1\n\nTHIS 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.\n\nThis 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.\n\ \nThe text of the license begins here:\n\n1. Definitions\n\n1.1 \"Contributor\" means each\ \ individual or legal entity that creates, contributes to the creation of, or owns Covered\ \ Software. \n1.2 \"Contributor Version\" means the combination of the Contributions of others\ \ (if any) used by a Contributor and that particular Contributor’s Contribution. \n1.3 \"\ Contribution\" means Covered Software of a particular Contributor. \n1.4 \"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. \n1.5 \"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.\ \ \n1.6 \"Executable Form\" means any form of the work other than Source Code Form. \n1.7\ \ \"Larger Work\" means a work that combines Covered Software with other material, in a separate\ \ file (or files) that is not Covered Software. \n1.8 \"License\" means this document. \n\ 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. \n1.10 \"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.\ \ \n1.11 \"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. \n1.12 \"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. \n1.13 \"Source Code Form\" means\ \ the form of the work preferred for making modifications. \n1.14 \"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.\n\n2. License Grants and Conditions\n\n2.1 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.\n\n2.2 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.\n\ \n2.3 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).\n\n2.4 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).\n\n2.5 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.\n\n2.6 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.\n\n\ 2.7 Conditions Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in\ \ Section 2.1.\n\n3. Responsibilities\n\n3.1 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.\n\n3.2 Distribution of Executable\ \ Form If You distribute Covered Software in Executable Form then: \na. 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.\n\n3.3 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).\n\n3.4 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.\n\n3.5 Application of Additional Terms\n\n3.5.1 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.\ \ \n3.5.2 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.\n\n4. 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.\n\n5. Termination\n\n5.1 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.\n\n5.2 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.\n\n5.3 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.\n\n5.4 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.\n\n5.5 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.\n\ \n6. 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.\n\ \n7. 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.\n\n8. 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.\n\n9. Government Terms\n\n9.1 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.\n\n9.2 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.\n\ \n9.3 Choice of Law and Venue\n\n9.3.1 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. \n9.3.2\ \ 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. \n9.3.3 You may alter the terms of this Section 9.3 for this License as described in\ \ Section 3.5.2.\n\n9.4 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.\n\ \n10. 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.\n\n11. Versions of the License\n\ \n11.1 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.\n\n11.2 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.\n\n11.3 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).\n\n11.4 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.\n\nEXHIBIT\ \ A – Source Code Form License Notice\n\nThis Source Code Form is subject to the terms of\ \ the OSET Public License, v.2.1 (\"OSET-PL-2.1\"). If a copy of the OPL was not distributed\ \ with this file, You can obtain one at: www.OSETFoundation.org/public-license.\n\nIf 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.\n\nEXHIBIT B - \"Incompatible With Secondary License\" Notice\n\nThis Source\ \ Code Form is \"Incompatible With Secondary Licenses\", as defined by the OSET Public License,\ \ v.2.1."