mirror of
https://github.com/go-gitea/gitea.git
synced 2024-12-04 14:46:57 -05:00
364 lines
19 KiB
Groff
364 lines
19 KiB
Groff
OSET Public License
|
||
(c) 2015 ALL RIGHTS RESERVED VERSION 2.1
|
||
|
||
THIS LICENSE DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION,
|
||
AND REDISTRIBUTION OF CERTAIN COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY
|
||
RELEASED BY THE OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION (FORMERLY “THE
|
||
OSDV FOUNDATION”). ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR
|
||
REDISTRIBUTES THE COVERED SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION,
|
||
ACCEPTING IN FULL THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE
|
||
TO SUCH TERMS, YOU ARE NOT PERMITTED TO USE THE COVERED SOFTWARE.
|
||
|
||
This license was prepared based on the Mozilla Public License (“MPL”), version
|
||
2.0. For annotation of the differences between this license and MPL 2.0,
|
||
please see the OSET Foundation web site at www.OSETFoundation.org/public-license.
|
||
|
||
The text of the license begins here:
|
||
|
||
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 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.
|
||
|
||
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
|
||
|
||
3.5.1 You may choose to offer, and to charge a fee for, warranty, support,
|
||
indemnity or liability obligations to one or more recipients of Covered Software.
|
||
However, You may do so only on Your own behalf, and not on behalf of any Contributor.
|
||
You must make it absolutely clear that any such warranty, support, indemnity,
|
||
or liability obligation is offered by You alone, and You hereby agree to indemnify
|
||
every Contributor for any liability incurred by such Contributor as a result
|
||
of warranty, support, indemnity or liability terms You offer. You may include
|
||
additional disclaimers of warranty and limitations of liability specific to
|
||
any jurisdiction.
|
||
|
||
3.5.2 You may place additional conditions upon the rights granted in this
|
||
License to the extent necessary due to statute, judicial order, regulation
|
||
(including without limitation state and federal procurement regulation), national
|
||
security, or public interest. Any such additional conditions must be clearly
|
||
described in the notice provisions required under Section 3.4. Any alteration
|
||
of the terms of this License will apply to all copies of the Covered Software
|
||
distributed by You or by any downstream recipients that receive the Covered
|
||
Software from You.
|
||
|
||
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 (3) 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
|
||
|
||
9.3.1 If You are a government of a state of the United States, or Your use
|
||
of the Covered Software is pursuant to a procurement contract with such a
|
||
state government, this License shall be governed by the law of such state,
|
||
excluding its conflict-of-law provisions, and the adjudication of disputes
|
||
relating to this License will be subject to the exclusive jurisdiction of
|
||
the state and federal courts located in such state.
|
||
9.3.2 If You are an agency of the United States federal government, or Your
|
||
use of the Covered Software is pursuant to a procurement contract with such
|
||
an agency, this License shall be governed by federal law for all purposes,
|
||
and the adjudication of disputes relating to this License will be subject
|
||
to the exclusive jurisdiction of the federal courts located in Washington,
|
||
D.C.
|
||
9.3.3 You may alter the terms of this Section 9.3 for this License as described
|
||
in Section 3.5.2.
|
||
|
||
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 (“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.
|
||
|
||
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.
|