Платформа ЦРНП "Мирокод" для разработки проектов
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406 lines
19 KiB
406 lines
19 KiB
OSET Public License (c) 2015 ALL RIGHTS RESERVED VERSION 2.1 THIS LICENSE |
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DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION, AND REDISTRIBUTION |
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OF CERTAIN COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY RELEASED BY THE |
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OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION (FORMERLY "THE OSDV FOUNDATION"). |
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ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR REDISTRIBUTES THE COVERED |
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SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION, ACCEPTING IN FULL THE TERMS |
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CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, YOU ARE NOT |
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PERMITTED TO USE THE COVERED SOFTWARE. This license was prepared based on |
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the Mozilla Public License ("MPL"), version 2.0. For annotation of the differences |
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between this license and MPL 2.0, please see the OSET Foundation web site |
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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: |
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(a) the power, direct or indirect, to cause the direction or management of |
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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 |
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beneficial ownership of such entity. |
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2. License Grants and Conditions |
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2.1 Grants |
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Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive |
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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 sale, |
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have made, import, and otherwise transfer either its Contributions or its |
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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, or |
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logos of any Contributor (except as may be necessary to comply with the notice |
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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 Modifications |
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that You create or to which You contribute, must be under the terms of this |
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License. You must inform recipients that the Source Code Form of the Covered |
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Software is governed by the terms of this License, and how they can obtain |
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a copy of this License. You must cause any of Your Modifications to carry |
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prominent notices stating that You changed the files. You may not attempt |
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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, provided |
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that You also comply with the requirements of this License for the Covered |
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Software. If the Larger Work is a combination of Covered Software with a work |
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governed by one or more Secondary Licenses, and the Covered Software is not |
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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 |
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If You initiate litigation against any entity by asserting a patent infringement |
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claim (excluding declaratory judgment actions, counter-claims, and cross-claims |
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) alleging that a Contributor Version directly or indirectly infringes any |
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patent, then the rights granted to You by any and all Contributors for the |
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Covered Software under Section 2.1 of 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 Covered |
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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 48 |
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C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and |
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"commercial computer software documentation," as such terms are used in 48 |
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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 |
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The Open Source Election Technology Foundation ("OSET") (formerly known as |
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the Open Source Digital Voting Foundation) is the steward of this License. |
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Except as provided in Section 11.3, no one other than the license steward |
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has the right to modify or publish new versions of this License. Each version |
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will be given a distinguishing version number. |
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11.2 Effects of New Versions |
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You may distribute the Covered Software under the terms of the version of |
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the License under which You originally received the Covered Software, or under |
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the terms of any subsequent version published by the license steward. |
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11.3 Modified Versions |
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If You create software not governed by this License, and You want to create |
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a new license for such software, You may create and use a modified version |
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of this License if You rename the license and remove any references to the |
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name of the license steward (except to note that such modified license differs |
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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. EXHIBIT A - Source Code Form |
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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 ("OPL"). If a copy of the OPL was not distributed with this file, You |
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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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