LICENSE

# OSET Public License

© 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 ](http://www.OSETFoundation.org/public-license)[www.OSETFoundation.org/public-license](http://www.OSETFoundation.org/public-license)[.](http://www.OSETFoundation.org/public-license)

The text of the license begins here:

1. ## Definitions

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

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

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

   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.

   5. “Incompatible With Secondary Licenses” means:

      1. That the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or
      2. 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.

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

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

   8. “License” means this document.

   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.

   10. “Modifications” means any of the following:

       1. any file in Source Code Form that results from an addition to, deletion  from, or modification of the contents of Covered Software; or
       2. any new file in Source Code Form that contains any Covered Software.

   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.

   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.

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

   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

   1. Grants

      Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:

      1. 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
      2. 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. 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.

   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:

      1. for any code that a Contributor has removed from Covered Software; or

      2. 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

      3. 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).

   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).

   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.

   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.

   7. Conditions

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

3. ## Responsibilities

   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.

   2. Distribution of Executable Form

      If You distribute Covered Software in Executable Form then:

      1. 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
      2. 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. 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).

   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.

   5. Application of Additional Terms

      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.
      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.

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

   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.

   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.

   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.

   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. 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

   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.

   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.

   3. Choice of Law and Venue

      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.

      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.

      3. You may alter the terms of this Section 9.3 for this License as described in Section 3.5.2.

   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

    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.

    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.

    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*).

    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](http://www.OSETFoundation.org/public-license)[.](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.