OSET Public License - Version 2.1

OSET PUBLIC LICENSE
© 2015 ALL RIGHTS RESERVED
VERSION 2.1

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.

1. Definitions

1.1. “Contributor”
means each individual or legal entity that creates, contributes to the
creation of, or owns Covered Software.

1.2. “Contributor Version”
means the combination of the Contributions of others (if any) used by
a Contributor and that particular Contributor’s Contribution.

1.3. “Contribution”
means Covered Software of a particular Contributor.

1.4. “Covered Software”
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code Form,
and Modifications of such Source Code Form, in each case including
portions thereof.

1.5. “Incompatible With Secondary Licenses”
means
a. That the initial Contributor has attached the notice described in
Exhibit B to the Covered Software; or
b. that the Covered Software was made available under the terms of
version 1.x or earlier of the License, but not also under the terms of
a Secondary License.

1.6. “Executable Form”
means any form of the work other than Source Code Form.

1.7. “Larger Work”
means a work that combines Covered Software with other material, in a
separate file or files, that is not Covered Software.

1.8. “License”
means this document.

1.9. “Licensable”
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and all
of the rights conveyed by this License.

1.10. “Modifications”
means any of the following:
a. any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered Software; or
b. any new file in Source Code Form that contains any Covered
Software.

1.11. “Patent Claims” of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the License,
by the making, using, selling, offering for sale, having made, import,
or transfer of either its Contributions or its Contributor Version.

1.12. “Secondary License”
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those licenses.

1.13. “Source Code Form”
means the form of the work preferred for making modifications.

1.14. “You” (or “Your”)
means an individual or a legal entity exercising rights under this
License. For legal entities, “You” includes any entity that controls,
is controlled by, or is under common control with You. For purposes of
this definition, “control” means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.

2. License Grants and Conditions

2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
a. under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
b. under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.

2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor
first distributes such Contribution.

2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted
under this License. No additional rights or licenses will be implied
from the distribution or licensing of Covered Software under this
License. Notwithstanding Section 2.1(b) above, no patent license is
granted by a Contributor:
a. for any code that a Contributor has removed from Covered Software;
or
b. for infringements caused by: (i) Your and any other third party’s
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
c. under Patent Claims infringed by Covered Software in the absence of
its Contributions.
This License does not grant any rights in the trademarks, service
marks, or logos of any Contributor (except as may be necessary to
comply with the notice requirements in Section 3.4).

2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License
(if permitted under the terms of Section 3.3).

2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.

2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.

3. Responsibilities

3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including
any Modifications that You create or to which You contribute, must be
under the terms of this License. You must inform recipients that the
Source Code Form of the Covered Software is governed by the terms of
this License, and how they can obtain a copy of this License. You must
cause any of Your Modifications to carry prominent notices stating
that You changed the files. You may not attempt to alter or restrict
the recipients’ rights in the Source Code Form.

3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
a. such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more than
the cost of distribution to the recipient; and
b. You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter the
recipients’ rights in the Source Code Form under this License.

3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your
choice, provided that You also comply with the requirements of this
License for the Covered Software. If the Larger Work is a combination
of Covered Software with a work governed by one or more Secondary
Licenses, and the Covered Software is not Incompatible With Secondary
Licenses, this License permits You to additionally distribute such
Covered Software under the terms of such Secondary License(s), so that
the recipient of the Larger Work may, at their option, further
distribute the Covered Software under the terms of either this License
or such Secondary License(s).

3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.

3.5. Application of Additional Terms
A. 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.
B. You may place additional conditions upon the rights granted in this
License to the extent necessary due to statute, judicial order,
regulation (including without limitation state and federal procurement
regulation), national security, or public interest. Any such
additional conditions must be clearly described in the notice
provisions required under Section 3.4 Any alteration of the terms of
this License will apply to all copies of the Covered Software
distributed by You or by any downstream recipients that receive the
Covered Software from You.

4. Inability to Comply Due to Statute or Regulation

If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation, then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the notices required under Section 3.4. Except to
the extent prohibited by statute or regulation, such description must
be sufficiently detailed for a recipient of ordinary skill to be able
to understand it.

5. Termination

5.1. Failure to Comply
The rights granted under this License will terminate automatically if
You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a
particular Contributor are reinstated (a) provisionally, unless and
until such Contributor explicitly and finally terminates Your grants,
and (b) on an ongoing basis, if such Contributor fails to notify You
of the non-compliance by some reasonable means prior to 60 days after
You have come back into compliance. Moreover, Your grants from a
particular Contributor are reinstated on an ongoing basis if such
Contributor notifies You of the non- compliance by some reasonable
means, this is the first time You have received notice of non-
compliance with this License from such Contributor, and You become
compliant prior to 30 days after Your receipt of the notice.

5.2. Patent Infringement Claims
If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted
to You by any and all Contributors for the Covered Software under
Section 2.1 of this License shall terminate.

5.3. Additional Compliance Terms
Notwithstanding the foregoing in this Section 5, for purposes of this
Section, if You breach Section 3.1 (Distribution of Source Form),
Section 3.2 (Distribution of Executable Form), Section 3.3
(Distribution of a Larger Work), or Section 3.4 (Notices), then
becoming compliant as described in Section 5.1 must also include, no
later than 30 days after receipt by You of notice of such violation by
a Contributor, making the Covered Software available in Source Code
Form as required by this License on a publicly available computer
network for a period of no less than three years.

5.4. Contributor Remedies
If You fail to comply with the terms of this License and do not
thereafter become compliant in accordance with Section 5.1 and, if
applicable, Section 5.3, then each Contributor reserves its right, in
addition to any other rights it may have in law or in equity, to bring
an action seeking injunctive relief, or damages for willful copyright
or patent infringement (including without limitation damages for
unjust enrichment, where available under law), for all actions in
violation of rights that would otherwise have been granted under the
terms of this License.

5.5. End User License Agreements
In the event of termination under this Section 5, all end user license
agreements (excluding distributors and resellers), which have been
validly granted by You or Your distributors under this License prior
to termination shall survive termination.

6. Disclaimer of Warranty

Covered Software is provided under this License on an “as is” basis,
without warranty of any kind, either expressed, implied, or statutory,
including, without limitation, warranties that the Covered Software is
free of defects, merchantable, fit for a particular purpose or
non-infringing. The entire risk as to the quality and performance of
the Covered Software is with You. Should any Covered Software prove
defective in any respect, You (not any Contributor) assume the cost of
any necessary servicing, repair, or correction. This disclaimer of
warranty constitutes an essential part of this License. No use of any
Covered Software is authorized under this License except under this
disclaimer.

7. Limitation of Liability

Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall any Contributor,
or anyone who distributes Covered Software as permitted above, be
liable to You for any direct, indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for lost profits, loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or
losses, even if such party shall have been informed of the possibility
of such damages. This limitation of liability shall not apply to
liability for death or personal injury resulting from such party’s
negligence to the extent applicable law prohibits such
limitation. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so this exclusion
and limitation may not apply to You.

8. Litigation

Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of
that jurisdiction, without reference to its conflict-of-law
provisions. Nothing in this Section shall prevent a party’s ability to
bring cross-claims or counter-claims.

9. Government Terms

9.1. Commercial Item
The Covered Software is a “commercial item,” as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer
software” and “commercial computer software documentation,” as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Software with only those
rights set forth herein.

9.2. No Sovereign Immunity
The U.S. federal government and states that use or distribute Covered
Software hereby waive their sovereign immunity with respect to
enforcement of the provisions of this License.

9.3. Choice of Law and Venue
A. 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.
B. 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.
C. You may alter the terms of this Section 9.3 for this License as
described in Section 3.5B.

9.4. Supremacy
This Section 9 is in lieu of, and supersedes, any other Federal
Acquisition Regulation, Defense Federal Acquisition Regulation, or
other clause or provision that addresses government rights in computer
software under this License.

10. Miscellaneous

This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation, which
provides that the language of a contract shall be construed against
the drafter, shall not be used to construe this License against a
Contributor.

11. Versions of the License

11.1. New Versions
The Open Source Election Technology Foundation (“OSET”) (formerly
known as the Open Source Digital Voting Foundation) is the steward of
this License. Except as provided in Section 11.3, no one other than
the license steward has the right to modify or publish new versions of
this License. Each version will be given a distinguishing version
number.

11.2. Effects of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered
Software, or under the terms of any subsequent version published by
the license steward.

11.3. Modified Versions
If You create software not governed by this License, and You want to
create a new license for such software, You may create and use a
modified version of this License if You rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).

11.4. Distributing Source Code Form That is Incompatible With Secondary Licenses

If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.

EXHIBIT A – Source Code Form License Notice

This Source Code Form is subject to the terms of the OSET Public
License, v.2.1 (“OPL”). If a copy of the OPL was not distributed with
this file, You can obtain one at
http://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.