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- NASA OPEN SOURCE AGREEMENT VERSION 1.3
-
- THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, REPRODUCTION,
- DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE
- ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY THE
- GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY"). THE UNITED STATES GOVERNMENT,
- AS REPRESENTED BY GOVERNMENT AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY
- OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE.
- ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
- SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING
- IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
-
- Government Agency: _______________
-
- Government Agency Original Software Designation: _______________
-
- Government Agency Original Software Title: _______________
-
- User Registration Requested. Please Visit http://_______________
-
- Government Agency Point of Contact for Original Software: _______________
-
-
-
- DEFINITIONS
-
- A. "Contributor" means Government Agency, as the developer of the Original
- Software, and any entity that makes a Modification.
-
- B. "Covered Patents" mean patent claims licensable by a Contributor that are
- necessarily infringed by the use or sale of its Modification alone or when
- combined with the Subject Software.
-
- C. "Display" means the showing of a copy of the Subject Software, either directly
- or by means of an image, or any other device.
-
- D. "Distribution" means conveyance or transfer of the Subject Software, regardless
- of means, to another.
-
- E. "Larger Work" means computer software that combines Subject Software, or
- portions thereof, with software separate from the Subject Software that is
- not governed by the terms of this Agreement.
-
- F. "Modification" means any alteration of, including addition to or deletion
- from, the substance or structure of either the Original Software or Subject
- Software, and includes derivative works, as that term is defined in the Copyright
- Statute, 17 USC 101. However, the act of including Subject Software as part
- of a Larger Work does not in and of itself constitute a Modification.
-
- G. "Original Software" means the computer software first released under this
- Agreement by Government Agency with Government Agency designation _______________
- and entitled _______________ , including source code, object code and accompanying
- documentation, if any.
-
- H. "Recipient" means anyone who acquires the Subject Software under this Agreement,
- including all Contributors.
-
- I. "Redistribution" means Distribution of the Subject Software after a Modification
- has been made.
-
- J. "Reproduction" means the making of a counterpart, image or copy of the
- Subject Software.
-
- K. "Sale" means the exchange of the Subject Software for money or equivalent
- value.
-
- L. "Subject Software" means the Original Software, Modifications, or any respective
- parts thereof.
-
- M. "Use" means the application or employment of the Subject Software for any
- purpose.
-
-
-
- GRANT OF RIGHTS
-
- A. Under Non-Patent Rights: Subject to the terms and conditions of this Agreement,
- each Contributor, with respect to its own contribution to the Subject Software,
- hereby grants to each Recipient a non-exclusive, world-wide, royalty-free
- license to engage in the following activities pertaining to the Subject Software:
-
- 1. Use
-
- 2. Distribution
-
- 3. Reproduction
-
- 4. Modification
-
- 5. Redistribution
-
- 6. Display
-
- B. Under Patent Rights: Subject to the terms and conditions of this Agreement,
- each Contributor, with respect to its own contribution to the Subject Software,
- hereby grants to each Recipient under Covered Patents a non-exclusive, world-wide,
- royalty-free license to engage in the following activities pertaining to the
- Subject Software:
-
- 1. Use
-
- 2. Distribution
-
- 3. Reproduction
-
- 4. Sale
-
- 5. Offer for Sale
-
- C. The rights granted under Paragraph B. also apply to the combination of
- a Contributor's Modification and the Subject Software if, at the time the
- Modification is added by the Contributor, the addition of such Modification
- causes the combination to be covered by the Covered Patents. It does not apply
- to any other combinations that include a Modification.
-
- D. The rights granted in Paragraphs A. and B. allow the Recipient to sublicense
- those same rights. Such sublicense must be under the same terms and conditions
- of this Agreement.
-
-
-
- OBLIGATIONS OF RECIPIENT
-
- A. Distribution or Redistribution of the Subject Software must be made under
- this Agreement except for additions covered under paragraph 3H.
-
- 1. Whenever a Recipient distributes or redistributes the Subject Software,
- a copy of this Agreement must be included with each copy of the Subject Software;
- and
-
- 2. If Recipient distributes or redistributes the Subject Software in any form
- other than source code, Recipient must also make the source code freely available,
- and must provide with each copy of the Subject Software information on how
- to obtain the source code in a reasonable manner on or through a medium customarily
- used for software exchange.
-
- B. Each Recipient must ensure that the following copyright notice appears
- prominently in the Subject Software:
-
- [Government Agency will insert the applicable copyright notice in each agreement
- accompanying the initial distribution of original software and remove this
- bracketed language.]
-
- [The following copyright notice will be used if created by a contractor pursuant
- to Government Agency contract and rights obtained from creator by assignment.
- Government Agency will insert the year and its Agency designation and remove
- the bracketed language.] Copyright (c) {YEAR} United States Government as
- represented by _______________ . All Rights Reserved.
-
- [The following copyright notice will be used if created by civil servants
- only. Government Agency will insert the year and its Agency designation and
- remove the bracketed language.] Copyright (c) {YEAR} United States Government
- as represented by _______________ . No copyright is claimed in the United
- States under Title 17, U.S.Code. All Other Rights Reserved.
-
- C. Each Contributor must characterize its alteration of the Subject Software
- as a Modification and must identify itself as the originator of its Modification
- in a manner that reasonably allows subsequent Recipients to identify the originator
- of the Modification. In fulfillment of these requirements, Contributor must
- include a file (e.g., a change log file) that describes the alterations made
- and the date of the alterations, identifies Contributor as originator of the
- alterations, and consents to characterization of the alterations as a Modification,
- for example, by including a statement that the Modification is derived, directly
- or indirectly, from Original Software provided by Government Agency. Once
- consent is granted, it may not thereafter be revoked.
-
- D. A Contributor may add its own copyright notice to the Subject Software.
- Once a copyright notice has been added to the Subject Software, a Recipient
- may not remove it without the express permission of the Contributor who added
- the notice.
-
- E. A Recipient may not make any representation in the Subject Software or
- in any promotional, advertising or other material that may be construed as
- an endorsement by Government Agency or by any prior Recipient of any product
- or service provided by Recipient, or that may seek to obtain commercial advantage
- by the fact of Government Agency's or a prior Recipient's participation in
- this Agreement.
-
- F. In an effort to track usage and maintain accurate records of the Subject
- Software, each Recipient, upon receipt of the Subject Software, is requested
- to register with Government Agency by visiting the following website: _______________
- . Recipient's name and personal information shall be used for statistical
- purposes only. Once a Recipient makes a Modification available, it is requested
- that the Recipient inform Government Agency at the web site provided above
- how to access the Modification.
-
- [Alternative paragraph for use when a web site for release and monitoring
- of subject software will not be supported by releasing Government Agency]
- In an effort to track usage and maintain accurate records of the Subject Software,
- each Recipient, upon receipt of the Subject Software, is requested to provide
- Government Agency, by e-mail to the Government Agency Point of Contact listed
- in clause 5.F., the following information: _______________ . Recipient's name
- and personal information shall be used for statistical purposes only. Once
- a Recipient makes a Modification available, it is requested that the Recipient
- inform Government Agency, by e-mail to the Government Agency Point of Contact
- listed in clause 5.F., how to access the Modification.
-
- G. Each Contributor represents that that its Modification is believed to be
- Contributor's original creation and does not violate any existing agreements,
- regulations, statutes or rules, and further that Contributor has sufficient
- rights to grant the rights conveyed by this Agreement.
-
- H. A Recipient may choose to offer, and to charge a fee for, warranty, support,
- indemnity and/or liability obligations to one or more other Recipients of
- the Subject Software. A Recipient may do so, however, only on its own behalf
- and not on behalf of Government Agency or any other Recipient. Such a Recipient
- must make it absolutely clear that any such warranty, support, indemnity and/or
- liability obligation is offered by that Recipient alone. Further, such Recipient
- agrees to indemnify Government Agency and every other Recipient for any liability
- incurred by them as a result of warranty, support, indemnity and/or liability
- offered by such Recipient.
-
- I. A Recipient may create a Larger Work by combining Subject Software with
- separate software not governed by the terms of this agreement and distribute
- the Larger Work as a single product. In such case, the Recipient must make
- sure Subject Software, or portions thereof, included in the Larger Work is
- subject to this Agreement.
-
- J. Notwithstanding any provisions contained herein, Recipient is hereby put
- on notice that export of any goods or technical data from the United States
- may require some form of export license from the U.S. Government. Failure
- to obtain necessary export licenses may result in criminal liability under
- U.S. laws. Government Agency neither represents that a license shall not be
- required nor that, if required, it shall be issued. Nothing granted herein
- provides any such export license.
-
-
-
- DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
-
- A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY
- OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED
- TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS,
- ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
- OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL
- BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM
- TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, CONSTITUTE
- AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT OF ANY RESULTS,
- RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING
- FROM USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL
- WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE
- ORIGINAL SOFTWARE, AND DISTRIBUTES IT "AS IS."
-
- B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST
- THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL
- AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS
- IN ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING FROM SUCH
- USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S
- USE OF THE SUBJECT SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE
- UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
- PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE REMEDY FOR
- ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
-
-
-
- GENERAL TERMS
-
- A. Termination: This Agreement and the rights granted hereunder will terminate
- automatically if a Recipient fails to comply with these terms and conditions,
- and fails to cure such noncompliance within thirty (30) days of becoming aware
- of such noncompliance. Upon termination, a Recipient agrees to immediately
- cease use and distribution of the Subject Software. All sublicenses to the
- Subject Software properly granted by the breaching Recipient shall survive
- any such termination of this Agreement.
-
- B. Severability: If any provision of this Agreement is invalid or unenforceable
- under applicable law, it shall not affect the validity or enforceability of
- the remainder of the terms of this Agreement.
-
- C. Applicable Law: This Agreement shall be subject to United States federal
- law only for all purposes, including, but not limited to, determining the
- validity of this Agreement, the meaning of its provisions and the rights,
- obligations and remedies of the parties.
-
- D. Entire Understanding: This Agreement constitutes the entire understanding
- and agreement of the parties relating to release of the Subject Software and
- may not be superseded, modified or amended except by further written agreement
- duly executed by the parties.
-
- E. Binding Authority: By accepting and using the Subject Software under this
- Agreement, a Recipient affirms its authority to bind the Recipient to all
- terms and conditions of this Agreement and that that Recipient hereby agrees
- to all terms and conditions herein.
-
- F. Point of Contact: Any Recipient contact with Government Agency is to be
- directed to the designated representative as follows: _______________ .
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