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  1. NASA OPEN SOURCE AGREEMENT VERSION 1.3
  2. THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, REPRODUCTION,
  3. DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE
  4. ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY THE
  5. GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY"). THE UNITED STATES GOVERNMENT,
  6. AS REPRESENTED BY GOVERNMENT AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY
  7. OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE.
  8. ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
  9. SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING
  10. IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
  11. Government Agency: _______________
  12. Government Agency Original Software Designation: _______________
  13. Government Agency Original Software Title: _______________
  14. User Registration Requested. Please Visit http://_______________
  15. Government Agency Point of Contact for Original Software: _______________
  16. DEFINITIONS
  17. A. "Contributor" means Government Agency, as the developer of the Original
  18. Software, and any entity that makes a Modification.
  19. B. "Covered Patents" mean patent claims licensable by a Contributor that are
  20. necessarily infringed by the use or sale of its Modification alone or when
  21. combined with the Subject Software.
  22. C. "Display" means the showing of a copy of the Subject Software, either directly
  23. or by means of an image, or any other device.
  24. D. "Distribution" means conveyance or transfer of the Subject Software, regardless
  25. of means, to another.
  26. E. "Larger Work" means computer software that combines Subject Software, or
  27. portions thereof, with software separate from the Subject Software that is
  28. not governed by the terms of this Agreement.
  29. F. "Modification" means any alteration of, including addition to or deletion
  30. from, the substance or structure of either the Original Software or Subject
  31. Software, and includes derivative works, as that term is defined in the Copyright
  32. Statute, 17 USC 101. However, the act of including Subject Software as part
  33. of a Larger Work does not in and of itself constitute a Modification.
  34. G. "Original Software" means the computer software first released under this
  35. Agreement by Government Agency with Government Agency designation _______________
  36. and entitled _______________ , including source code, object code and accompanying
  37. documentation, if any.
  38. H. "Recipient" means anyone who acquires the Subject Software under this Agreement,
  39. including all Contributors.
  40. I. "Redistribution" means Distribution of the Subject Software after a Modification
  41. has been made.
  42. J. "Reproduction" means the making of a counterpart, image or copy of the
  43. Subject Software.
  44. K. "Sale" means the exchange of the Subject Software for money or equivalent
  45. value.
  46. L. "Subject Software" means the Original Software, Modifications, or any respective
  47. parts thereof.
  48. M. "Use" means the application or employment of the Subject Software for any
  49. purpose.
  50. GRANT OF RIGHTS
  51. A. Under Non-Patent Rights: Subject to the terms and conditions of this Agreement,
  52. each Contributor, with respect to its own contribution to the Subject Software,
  53. hereby grants to each Recipient a non-exclusive, world-wide, royalty-free
  54. license to engage in the following activities pertaining to the Subject Software:
  55. 1. Use
  56. 2. Distribution
  57. 3. Reproduction
  58. 4. Modification
  59. 5. Redistribution
  60. 6. Display
  61. B. Under Patent Rights: Subject to the terms and conditions of this Agreement,
  62. each Contributor, with respect to its own contribution to the Subject Software,
  63. hereby grants to each Recipient under Covered Patents a non-exclusive, world-wide,
  64. royalty-free license to engage in the following activities pertaining to the
  65. Subject Software:
  66. 1. Use
  67. 2. Distribution
  68. 3. Reproduction
  69. 4. Sale
  70. 5. Offer for Sale
  71. C. The rights granted under Paragraph B. also apply to the combination of
  72. a Contributor's Modification and the Subject Software if, at the time the
  73. Modification is added by the Contributor, the addition of such Modification
  74. causes the combination to be covered by the Covered Patents. It does not apply
  75. to any other combinations that include a Modification.
  76. D. The rights granted in Paragraphs A. and B. allow the Recipient to sublicense
  77. those same rights. Such sublicense must be under the same terms and conditions
  78. of this Agreement.
  79. OBLIGATIONS OF RECIPIENT
  80. A. Distribution or Redistribution of the Subject Software must be made under
  81. this Agreement except for additions covered under paragraph 3H.
  82. 1. Whenever a Recipient distributes or redistributes the Subject Software,
  83. a copy of this Agreement must be included with each copy of the Subject Software;
  84. and
  85. 2. If Recipient distributes or redistributes the Subject Software in any form
  86. other than source code, Recipient must also make the source code freely available,
  87. and must provide with each copy of the Subject Software information on how
  88. to obtain the source code in a reasonable manner on or through a medium customarily
  89. used for software exchange.
  90. B. Each Recipient must ensure that the following copyright notice appears
  91. prominently in the Subject Software:
  92. [Government Agency will insert the applicable copyright notice in each agreement
  93. accompanying the initial distribution of original software and remove this
  94. bracketed language.]
  95. [The following copyright notice will be used if created by a contractor pursuant
  96. to Government Agency contract and rights obtained from creator by assignment.
  97. Government Agency will insert the year and its Agency designation and remove
  98. the bracketed language.] Copyright (c) {YEAR} United States Government as
  99. represented by _______________ . All Rights Reserved.
  100. [The following copyright notice will be used if created by civil servants
  101. only. Government Agency will insert the year and its Agency designation and
  102. remove the bracketed language.] Copyright (c) {YEAR} United States Government
  103. as represented by _______________ . No copyright is claimed in the United
  104. States under Title 17, U.S.Code. All Other Rights Reserved.
  105. C. Each Contributor must characterize its alteration of the Subject Software
  106. as a Modification and must identify itself as the originator of its Modification
  107. in a manner that reasonably allows subsequent Recipients to identify the originator
  108. of the Modification. In fulfillment of these requirements, Contributor must
  109. include a file (e.g., a change log file) that describes the alterations made
  110. and the date of the alterations, identifies Contributor as originator of the
  111. alterations, and consents to characterization of the alterations as a Modification,
  112. for example, by including a statement that the Modification is derived, directly
  113. or indirectly, from Original Software provided by Government Agency. Once
  114. consent is granted, it may not thereafter be revoked.
  115. D. A Contributor may add its own copyright notice to the Subject Software.
  116. Once a copyright notice has been added to the Subject Software, a Recipient
  117. may not remove it without the express permission of the Contributor who added
  118. the notice.
  119. E. A Recipient may not make any representation in the Subject Software or
  120. in any promotional, advertising or other material that may be construed as
  121. an endorsement by Government Agency or by any prior Recipient of any product
  122. or service provided by Recipient, or that may seek to obtain commercial advantage
  123. by the fact of Government Agency's or a prior Recipient's participation in
  124. this Agreement.
  125. F. In an effort to track usage and maintain accurate records of the Subject
  126. Software, each Recipient, upon receipt of the Subject Software, is requested
  127. to register with Government Agency by visiting the following website: _______________
  128. . Recipient's name and personal information shall be used for statistical
  129. purposes only. Once a Recipient makes a Modification available, it is requested
  130. that the Recipient inform Government Agency at the web site provided above
  131. how to access the Modification.
  132. [Alternative paragraph for use when a web site for release and monitoring
  133. of subject software will not be supported by releasing Government Agency]
  134. In an effort to track usage and maintain accurate records of the Subject Software,
  135. each Recipient, upon receipt of the Subject Software, is requested to provide
  136. Government Agency, by e-mail to the Government Agency Point of Contact listed
  137. in clause 5.F., the following information: _______________ . Recipient's name
  138. and personal information shall be used for statistical purposes only. Once
  139. a Recipient makes a Modification available, it is requested that the Recipient
  140. inform Government Agency, by e-mail to the Government Agency Point of Contact
  141. listed in clause 5.F., how to access the Modification.
  142. G. Each Contributor represents that that its Modification is believed to be
  143. Contributor's original creation and does not violate any existing agreements,
  144. regulations, statutes or rules, and further that Contributor has sufficient
  145. rights to grant the rights conveyed by this Agreement.
  146. H. A Recipient may choose to offer, and to charge a fee for, warranty, support,
  147. indemnity and/or liability obligations to one or more other Recipients of
  148. the Subject Software. A Recipient may do so, however, only on its own behalf
  149. and not on behalf of Government Agency or any other Recipient. Such a Recipient
  150. must make it absolutely clear that any such warranty, support, indemnity and/or
  151. liability obligation is offered by that Recipient alone. Further, such Recipient
  152. agrees to indemnify Government Agency and every other Recipient for any liability
  153. incurred by them as a result of warranty, support, indemnity and/or liability
  154. offered by such Recipient.
  155. I. A Recipient may create a Larger Work by combining Subject Software with
  156. separate software not governed by the terms of this agreement and distribute
  157. the Larger Work as a single product. In such case, the Recipient must make
  158. sure Subject Software, or portions thereof, included in the Larger Work is
  159. subject to this Agreement.
  160. J. Notwithstanding any provisions contained herein, Recipient is hereby put
  161. on notice that export of any goods or technical data from the United States
  162. may require some form of export license from the U.S. Government. Failure
  163. to obtain necessary export licenses may result in criminal liability under
  164. U.S. laws. Government Agency neither represents that a license shall not be
  165. required nor that, if required, it shall be issued. Nothing granted herein
  166. provides any such export license.
  167. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
  168. A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY
  169. OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED
  170. TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS,
  171. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
  172. OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL
  173. BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM
  174. TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, CONSTITUTE
  175. AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT OF ANY RESULTS,
  176. RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING
  177. FROM USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL
  178. WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE
  179. ORIGINAL SOFTWARE, AND DISTRIBUTES IT "AS IS."
  180. B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST
  181. THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL
  182. AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS
  183. IN ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING FROM SUCH
  184. USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S
  185. USE OF THE SUBJECT SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE
  186. UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
  187. PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE REMEDY FOR
  188. ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
  189. GENERAL TERMS
  190. A. Termination: This Agreement and the rights granted hereunder will terminate
  191. automatically if a Recipient fails to comply with these terms and conditions,
  192. and fails to cure such noncompliance within thirty (30) days of becoming aware
  193. of such noncompliance. Upon termination, a Recipient agrees to immediately
  194. cease use and distribution of the Subject Software. All sublicenses to the
  195. Subject Software properly granted by the breaching Recipient shall survive
  196. any such termination of this Agreement.
  197. B. Severability: If any provision of this Agreement is invalid or unenforceable
  198. under applicable law, it shall not affect the validity or enforceability of
  199. the remainder of the terms of this Agreement.
  200. C. Applicable Law: This Agreement shall be subject to United States federal
  201. law only for all purposes, including, but not limited to, determining the
  202. validity of this Agreement, the meaning of its provisions and the rights,
  203. obligations and remedies of the parties.
  204. D. Entire Understanding: This Agreement constitutes the entire understanding
  205. and agreement of the parties relating to release of the Subject Software and
  206. may not be superseded, modified or amended except by further written agreement
  207. duly executed by the parties.
  208. E. Binding Authority: By accepting and using the Subject Software under this
  209. Agreement, a Recipient affirms its authority to bind the Recipient to all
  210. terms and conditions of this Agreement and that that Recipient hereby agrees
  211. to all terms and conditions herein.
  212. F. Point of Contact: Any Recipient contact with Government Agency is to be
  213. directed to the designated representative as follows: _______________ .
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