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87dd4f7d5f Oliv*0001 NASA OPEN SOURCE AGREEMENT VERSION 1.3
0002
0003 THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE,
0004 REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN
0005 COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT
0006 AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT
0007 AGENCY"). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
0008 AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT
0009 DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO
0010 USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
0011 SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION,
0012 ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN
0013 THIS AGREEMENT.
0014
0015 Government Agency: _____________________________________
0016 Government Agency Original Software Designation: ______________
0017 Government Agency Original Software Title: ____________________
0018 User Registration Requested. Please Visit http://__________________
0019 Government Agency Point of Contact for Original Software: ___________________
0020 ________________________________________________
0021
0022
0023 1. DEFINITIONS
0024
0025 A. "Contributor" means Government Agency, as the developer of the
0026 Original Software, and any entity that makes a Modification.
0027 B. "Covered Patents" mean patent claims licensable by a Contributor
0028 that are necessarily infringed by the use or sale of its Modification
0029 alone or when combined with the Subject Software.
0030 C. "Display" means the showing of a copy of the Subject Software,
0031 either directly or by means of an image, or any other device.
0032 D. "Distribution" means conveyance or transfer of the Subject
0033 Software, regardless of means, to another.
0034 E. "Larger Work" means computer software that combines Subject
0035 Software, or portions thereof, with software separate from the Subject
0036 Software that is not governed by the terms of this Agreement.
0037 F. "Modification" means any alteration of, including addition to or
0038 deletion from, the substance or structure of either the Original
0039 Software or Subject Software, and includes derivative works, as that
0040 term is defined in the Copyright Statute, 17 USC 101. However, the
0041 act of including Subject Software as part of a Larger Work does not in
0042 and of itself constitute a Modification.
0043 G. "Original Software" means the computer software first released
0044 under this Agreement by Government Agency with Government Agency
0045 designation ______________ and entitled
0046 _____________________________________________, including source code,
0047 object code and accompanying documentation, if any.
0048 H. "Recipient" means anyone who acquires the Subject Software under
0049 this Agreement, including all Contributors.
0050 I. "Redistribution" means Distribution of the Subject Software after a
0051 Modification has been made.
0052 J. "Reproduction" means the making of a counterpart, image or copy of
0053 the Subject Software.
0054 K. "Sale" means the exchange of the Subject Software for money or
0055 equivalent value.
0056 L. "Subject Software" means the Original Software, Modifications, or
0057 any respective parts thereof.
0058 M. "Use" means the application or employment of the Subject Software
0059 for any purpose.
0060
0061 2. GRANT OF RIGHTS
0062
0063 A. Under Non-Patent Rights: Subject to the terms and conditions of
0064 this Agreement, each Contributor, with respect to its own contribution
0065 to the Subject Software, hereby grants to each Recipient a
0066 non-exclusive, world-wide, royalty-free license to engage in the
0067 following activities pertaining to the Subject Software:
0068
0069 1. Use
0070 2. Distribution
0071 3. Reproduction
0072 4. Modification
0073 5. Redistribution
0074 6. Display
0075
0076 B. Under Patent Rights: Subject to the terms and conditions of this
0077 Agreement, each Contributor, with respect to its own contribution to
0078 the Subject Software, hereby grants to each Recipient under Covered
0079 Patents a non-exclusive, world-wide, royalty-free license to engage in
0080 the following activities pertaining to the Subject Software:
0081
0082 1. Use
0083 2. Distribution
0084 3. Reproduction
0085 4. Sale
0086 5. Offer for Sale
0087
0088 C. The rights granted under Paragraph B. also apply to the combination
0089 of a Contributor's Modification and the Subject Software if, at the
0090 time the Modification is added by the Contributor, the addition of
0091 such Modification causes the combination to be covered by the Covered
0092 Patents. It does not apply to any other combinations that include a
0093 Modification.
0094
0095 D. The rights granted in Paragraphs A. and B. allow the Recipient to
0096 sublicense those same rights. Such sublicense must be under the same
0097 terms and conditions of this Agreement.
0098
0099 3. OBLIGATIONS OF RECIPIENT
0100
0101 A. Distribution or Redistribution of the Subject Software must be made
0102 under this Agreement except for additions covered under paragraph 3H.
0103
0104 1. Whenever a Recipient distributes or redistributes the Subject
0105 Software, a copy of this Agreement must be included with each copy
0106 of the Subject Software; and
0107 2. If Recipient distributes or redistributes the Subject Software in
0108 any form other than source code, Recipient must also make the
0109 source code freely available, and must provide with each copy of
0110 the Subject Software information on how to obtain the source code
0111 in a reasonable manner on or through a medium customarily used for
0112 software exchange.
0113
0114 B. Each Recipient must ensure that the following copyright notice
0115 appears prominently in the Subject Software:
0116
0117 [Government Agency will insert the applicable copyright notice in each
0118 agreement accompanying the initial distribution of original software
0119 and remove this bracketed language.]
0120
0121 [The following copyright notice will be used if created by a
0122 contractor pursuant to Government Agency contract and rights obtained
0123 from creator by assignment. Government Agency will insert the year
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0124 and its Agency designation and remove the bracketed language.]
0125 Copyright ã {YEAR} United States Government as represented by ______
0126 _________________________. All Rights Reserved.
0127
0128 [The following copyright notice will be used if created by civil
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0129 servants only. Government Agency will insert the year and its Agency
0130 designation and remove the bracketed language.] Copyright Ó {YEAR}
0131 United States Government as represented by _____________
0132 _____________________________. No copyright is claimed in the United
0133 States under Title 17, U.S.Code. All Other Rights Reserved.
0134
0135 C. Each Contributor must characterize its alteration of the Subject
0136 Software as a Modification and must identify itself as the originator
0137 of its Modification in a manner that reasonably allows subsequent
0138 Recipients to identify the originator of the Modification. In
0139 fulfillment of these requirements, Contributor must include a file
0140 (e.g., a change log file) that describes the alterations made and the
0141 date of the alterations, identifies Contributor as originator of the
0142 alterations, and consents to characterization of the alterations as a
0143 Modification, for example, by including a statement that the
0144 Modification is derived, directly or indirectly, from Original
0145 Software provided by Government Agency. Once consent is granted, it
0146 may not thereafter be revoked.
0147
0148 D. A Contributor may add its own copyright notice to the Subject
0149 Software. Once a copyright notice has been added to the Subject
0150 Software, a Recipient may not remove it without the express permission
0151 of the Contributor who added the notice.
0152
0153 E. A Recipient may not make any representation in the Subject Software
0154 or in any promotional, advertising or other material that may be
0155 construed as an endorsement by Government Agency or by any prior
0156 Recipient of any product or service provided by Recipient, or that may
0157 seek to obtain commercial advantage by the fact of Government Agency's
0158 or a prior Recipient's participation in this Agreement.
0159
0160 F. In an effort to track usage and maintain accurate records of the
0161 Subject Software, each Recipient, upon receipt of the Subject
0162 Software, is requested to register with Government Agency by visiting
0163 the following website: ______________________________. Recipient's
0164 name and personal information shall be used for statistical purposes
0165 only. Once a Recipient makes a Modification available, it is requested
0166 that the Recipient inform Government Agency at the web site provided
0167 above how to access the Modification.
0168
0169 [Alternative paragraph for use when a web site for release and
0170 monitoring of subject software will not be supported by releasing
0171 Government Agency] In an effort to track usage and maintain accurate
0172 records of the Subject Software, each Recipient, upon receipt of the
0173 Subject Software, is requested to provide Government Agency, by e-mail
0174 to the Government Agency Point of Contact listed in clause 5.F., the
0175 following information: ______________________________. Recipient's
0176 name and personal information shall be used for statistical purposes
0177 only. Once a Recipient makes a Modification available, it is requested
0178 that the Recipient inform Government Agency, by e-mail to the
0179 Government Agency Point of Contact listed in clause 5.F., how to
0180 access the Modification.
0181
0182 G. Each Contributor represents that that its Modification is believed
0183 to be Contributor's original creation and does not violate any
0184 existing agreements, regulations, statutes or rules, and further that
0185 Contributor has sufficient rights to grant the rights conveyed by this
0186 Agreement.
0187
0188 H. A Recipient may choose to offer, and to charge a fee for, warranty,
0189 support, indemnity and/or liability obligations to one or more other
0190 Recipients of the Subject Software. A Recipient may do so, however,
0191 only on its own behalf and not on behalf of Government Agency or any
0192 other Recipient. Such a Recipient must make it absolutely clear that
0193 any such warranty, support, indemnity and/or liability obligation is
0194 offered by that Recipient alone. Further, such Recipient agrees to
0195 indemnify Government Agency and every other Recipient for any
0196 liability incurred by them as a result of warranty, support, indemnity
0197 and/or liability offered by such Recipient.
0198
0199 I. A Recipient may create a Larger Work by combining Subject Software
0200 with separate software not governed by the terms of this agreement and
0201 distribute the Larger Work as a single product. In such case, the
0202 Recipient must make sure Subject Software, or portions thereof,
0203 included in the Larger Work is subject to this Agreement.
0204
0205 J. Notwithstanding any provisions contained herein, Recipient is
0206 hereby put on notice that export of any goods or technical data from
0207 the United States may require some form of export license from the
0208 U.S. Government. Failure to obtain necessary export licenses may
0209 result in criminal liability under U.S. laws. Government Agency
0210 neither represents that a license shall not be required nor that, if
0211 required, it shall be issued. Nothing granted herein provides any
0212 such export license.
0213
0214 4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
0215
0216 A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
0217 WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY,
0218 INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE
0219 WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
0220 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
0221 INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR
0222 FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
0223 THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
0224 CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT
0225 OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY
0226 OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.
0227 FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES
0228 REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE,
0229 AND DISTRIBUTES IT "AS IS."
0230
0231 B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
0232 AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
0233 SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
0234 THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES,
0235 EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
0236 PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT
0237 SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED
0238 STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
0239 PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
0240 REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL
0241 TERMINATION OF THIS AGREEMENT.
0242
0243
0244 5. GENERAL TERMS
0245
0246 A. Termination: This Agreement and the rights granted hereunder will
0247 terminate automatically if a Recipient fails to comply with these
0248 terms and conditions, and fails to cure such noncompliance within
0249 thirty (30) days of becoming aware of such noncompliance. Upon
0250 termination, a Recipient agrees to immediately cease use and
0251 distribution of the Subject Software. All sublicenses to the Subject
0252 Software properly granted by the breaching Recipient shall survive any
0253 such termination of this Agreement.
0254
0255 B. Severability: If any provision of this Agreement is invalid or
0256 unenforceable under applicable law, it shall not affect the validity
0257 or enforceability of the remainder of the terms of this Agreement.
0258
0259 C. Applicable Law: This Agreement shall be subject to United States
0260 federal law only for all purposes, including, but not limited to,
0261 determining the validity of this Agreement, the meaning of its
0262 provisions and the rights, obligations and remedies of the parties.
0263
0264 D. Entire Understanding: This Agreement constitutes the entire
0265 understanding and agreement of the parties relating to release of the
0266 Subject Software and may not be superseded, modified or amended except
0267 by further written agreement duly executed by the parties.
0268
0269 E. Binding Authority: By accepting and using the Subject Software
0270 under this Agreement, a Recipient affirms its authority to bind the
0271 Recipient to all terms and conditions of this Agreement and that that
0272 Recipient hereby agrees to all terms and conditions herein.
0273
0274 F. Point of Contact: Any Recipient contact with Government Agency is
0275 to be directed to the designated representative as follows:
0276 ___________________________________________________________.
