NASA Open Source Agreement v1.3

THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES ... RIGHTS OF USE,
REPRODUCTION, DISTRIBUTION, MODIFICATION ... REDISTRIBUTION OF CERTAIN
COMPUTER SOFTWARE ORIGINALLY RELEASED BY ... UNITED STATES GOVERNMENT
AS REPRESENTED BY ... GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT
AGENCY"). ... UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
AGENCY, ... AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT
DISTRIBUTIONS ... REDISTRIBUTIONS OF ... SUBJECT SOFTWARE. ANYONE WHO
USES, REPRODUCES, DISTRIBUTES, MODIFIES ... REDISTRIBUTES ... SUBJECT
SOFTWARE, AS DEFINED HEREIN, ... ANY PART THEREOF, IS, BY THAT ACTION,
ACCEPTING ... FULL ... RESPONSIBILITIES ... OBLIGATIONS CONTAINED IN
THIS AGREEMENT.

Government Agency: _____________________________________

Government Agency Original Software Designation: ______________

Government Agency Original Software Title: ____________________

User Registration Requested. Please Visit __________________



Government Agency Point of Contact for Original Software: ___________________
________________________________________________

1. DEFINITIONS

A. "Contributor" means Government Agency, as ... developer of the
Original Software, ... any entity that makes a Modification.

B. "Covered Patents" mean patent claims licensable by a Contributor
that are necessarily infringed by ... use ... sale of its Modification
alone ... when combined with ... Subject Software.

C. "Display" means ... showing of a copy of ... Subject Software,
either directly ... by means of an image, ... any other device.

D. "Distribution" means conveyance ... transfer of ... Subject
Software, regardless of means, ... another.

E. "Larger Work" means computer software that combines Subject
Software, ... portions thereof, with software separate from ... Subject
Software that ... not governed by ... terms of this Agreement.

F. "Modification" means any alteration of, including addition ... or
deletion from, ... substance ... structure of either ... Original
Software ... Subject Software, ... includes derivative works, as that
term ... defined ... the Copyright Statute, 17 USC 101. However, the
act of including Subject Software as part of a Larger Work does not in
... of itself constitute a Modification.

G. "Original Software" means ... computer software first released
under this Agreement by Government Agency with Government Agency
designation ______________ ... entitled
_____________________________________________, including source code,
object code ... accompanying documentation, if any.

H. "Recipient" means anyone who acquires ... Subject Software under
this Agreement, including all Contributors.

I. "Redistribution" means Distribution of ... Subject Software after a
Modification has been made.

J. "Reproduction" means ... making of a counterpart, image ... copy of
... Subject Software.

K. "Sale" means ... exchange of ... Subject Software for money or
equivalent value.

L. "Subject Software" means ... Original Software, Modifications, or
any respective parts thereof.

M. "Use" means ... application ... employment of ... Subject Software
for any purpose.

2. GRANT OF RIGHTS

A. Under Non-Patent Rights: Subject ... the terms ... conditions of
this Agreement, each Contributor, with respect ... its own contribution
... the Subject Software, hereby grants ... each Recipient a
non-exclusive, world-wide, royalty-free license ... engage ... the
following activities pertaining ... the Subject Software:

1. Use

2. Distribution

3. Reproduction

4. Modification

5. Redistribution

6. Display

B. Under Patent Rights: Subject ... the terms ... conditions of this
Agreement, each Contributor, with respect ... its own contribution to
... Subject Software, hereby grants ... each Recipient under Covered
Patents a non-exclusive, world-wide, royalty-free license ... engage in
... following activities pertaining ... the Subject Software:


1. Use

2. Distribution

3. Reproduction

4. Sale

5. Offer for Sale

C. ... rights granted under Paragraph B. also apply ... the combination
of a Contributor's Modification ... the Subject Software if, at the
time ... Modification ... added by ... Contributor, ... addition of
such Modification causes ... combination ... be covered by ... Covered
Patents. It does not apply ... any other combinations that include a
Modification.

D. ... rights granted ... Paragraphs A. ... B. allow ... Recipient to
sublicense those same rights. Such sublicense must be under ... same
terms ... conditions of this Agreement.

3. OBLIGATIONS OF RECIPIENT

A. Distribution ... Redistribution of ... Subject Software must be made
under this Agreement except for additions covered under paragraph 3H.

1. Whenever a Recipient distributes ... redistributes ... Subject
Software, a copy of this Agreement must be included with each copy
of ... Subject Software; and

2. If Recipient distributes ... redistributes ... Subject Software in
any form other than source code, Recipient must also make the
source code freely available, ... must provide with each copy of
... Subject Software information ... how ... obtain ... source code
... a reasonable manner ... or through a medium customarily used for
software exchange.

B. Each Recipient must ensure that ... following copyright notice
appears prominently ... the Subject Software:

[Government Agency ... insert ... applicable copyright notice ... each
agreement accompanying ... initial distribution of original software
... remove this bracketed language.]

[The following copyright notice ... be used if created by a
contractor pursuant ... Government Agency contract ... rights obtained
from creator by assignment. Government Agency ... insert ... year
... its Agency designation ... remove ... bracketed language.]
Copyright " {YEAR} United States Government as represented by ______
_________________________. All Rights Reserved.

[The following copyright notice ... be used if created by civil
servants only. Government Agency ... insert ... year ... its Agency
designation ... remove ... bracketed language.] Copyright " {YEAR}
United States Government as represented by _____________
_____________________________. No copyright ... claimed ... the United
States under Title 17, U.S.Code. All Other Rights Reserved.

C. Each Contributor must characterize its alteration of ... Subject
Software as a Modification ... must identify itself as ... originator
of its Modification ... a manner that reasonably allows subsequent
Recipients ... identify ... originator of ... Modification. In
fulfillment of these requirements, Contributor must include a file
(e.g., a change log file) that describes ... alterations made ... the
date of ... alterations, identifies Contributor as originator of the
alterations, ... consents ... characterization of ... alterations as a
Modification, for example, by including a statement that the
Modification ... derived, directly ... indirectly, from Original
Software provided by Government Agency. Once consent ... granted, it
may not thereafter be revoked.

D. A Contributor may add its own copyright notice ... the Subject
Software. Once a copyright notice has been added ... the Subject
Software, a Recipient may not remove it without ... express permission
of ... Contributor who added ... notice.

E. A Recipient may not make any representation ... the Subject Software
... in any promotional, advertising ... other material that may be
construed as an endorsement by Government Agency ... by any prior
Recipient of any product ... service provided by Recipient, ... that may
seek ... obtain commercial advantage by ... fact of Government Agency's
... a prior Recipient's participation ... this Agreement.

F. ... an effort ... track usage ... maintain accurate records of the
Subject Software, each Recipient, upon receipt of ... Subject
Software, ... requested ... register with Government Agency by visiting
... following website: ______________________________. Recipient's
name ... personal information shall be used for statistical purposes
only. Once a Recipient makes a Modification available, it ... requested
that ... Recipient inform Government Agency at ... web site provided
above how ... access ... Modification.

[Alternative paragraph for use when a web site for release and
monitoring of subject software ... not be supported by releasing
Government Agency] ... an effort ... track usage ... maintain accurate
records of ... Subject Software, each Recipient, upon receipt of the
Subject Software, ... requested ... provide Government Agency, by e-mail
... the Government Agency Point of Contact listed ... clause 5.F., the
following information: ______________________________. Recipient's
name ... personal information shall be used for statistical purposes
only. Once a Recipient makes a Modification available, it ... requested
that ... Recipient inform Government Agency, by e-mail ... the
Government Agency Point of Contact listed ... clause 5.F., how to
access ... Modification.

G. Each Contributor represents that that its Modification ... believed
... be Contributor's original creation ... does not violate any
existing agreements, regulations, statutes ... rules, ... further that
Contributor has sufficient rights ... grant ... rights conveyed by this
Agreement.

H. A Recipient may choose ... offer, ... to charge a fee for, warranty,
support, indemnity and/or liability obligations ... one ... more other
Recipients of ... Subject Software. A Recipient may do so, however,
only ... its own behalf ... not ... behalf of Government Agency ... 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 ... 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 ... terms of this agreement and
distribute ... Larger Work as a single product. ... such case, the
Recipient must make sure Subject Software, ... portions thereof,
included ... the Larger Work ... subject ... this Agreement.

J. Notwithstanding any provisions contained herein, Recipient is
hereby put ... notice that export of any goods ... technical data from
... United States may require some form of export license from the
U.S. Government. Failure ... obtain necessary export licenses may
result ... 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.

4. DISCLAIMER OF WARRANTIES ... LIABILITIES; WAIVER ... INDEMNIFICATION

A. No Warranty: ... SUBJECT SOFTWARE ... PROVIDED "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, ... STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT ... SUBJECT SOFTWARE
... CONFORM ... SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ... FREEDOM FROM
INFRINGEMENT, ANY WARRANTY THAT ... SUBJECT SOFTWARE ... BE ERROR
FREE, ... ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, ... CONFORM TO
... SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, ... ANY MANNER,
CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY ... ANY PRIOR RECIPIENT
OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS ... ANY
OTHER APPLICATIONS RESULTING FROM USE OF ... SUBJECT SOFTWARE.
FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES ... LIABILITIES
REGARDING THIRD-PARTY SOFTWARE, IF PRESENT ... THE ORIGINAL SOFTWARE,
... DISTRIBUTES IT "AS IS."

B. Waiver ... Indemnity: RECIPIENT AGREES ... WAIVE ANY ... ALL CLAIMS
AGAINST ... UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
... SUBJECT SOFTWARE RESULTS ... ANY LIABILITIES, DEMANDS, DAMAGES,
EXPENSES ... LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
PRODUCTS BASED ON, ... RESULTING FROM, RECIPIENT'S USE OF ... SUBJECT
SOFTWARE, RECIPIENT SHALL INDEMNIFY ... HOLD HARMLESS ... UNITED
STATES GOVERNMENT, ITS CONTRACTORS ... SUBCONTRACTORS, AS WELL AS ANY
PRIOR RECIPIENT, ... THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
REMEDY FOR ANY SUCH MATTER SHALL BE ... IMMEDIATE, UNILATERAL
TERMINATION OF THIS AGREEMENT.

5. GENERAL TERMS

A. Termination: This Agreement ... the rights granted hereunder will
terminate automatically if a Recipient fails ... comply with these
terms ... conditions, ... fails ... cure such noncompliance within
thirty (30) days of becoming aware of such noncompliance. Upon
termination, a Recipient agrees ... immediately cease use and
distribution of ... Subject Software. All sublicenses ... the Subject
Software properly granted by ... breaching Recipient shall survive any
such termination of this Agreement.

B. Severability: If any provision of this Agreement ... invalid or
unenforceable under applicable law, it shall not affect ... validity
... enforceability of ... remainder of ... terms of this Agreement.

C. Applicable Law: This Agreement shall be subject ... United States
federal law only for all purposes, including, but not limited to,
determining ... validity of this Agreement, ... meaning of its
provisions ... the rights, obligations ... remedies of ... parties.

D. Entire Understanding: This Agreement constitutes ... entire
understanding ... agreement of ... parties relating ... release of the
Subject Software ... may not be superseded, modified ... amended except
by further written agreement duly executed by ... parties.

E. Binding Authority: By accepting ... using ... Subject Software
under this Agreement, a Recipient affirms its authority ... bind the
Recipient ... all terms ... conditions of this Agreement ... that that
Recipient hereby agrees ... all terms ... conditions herein.

F. Point of Contact: Any Recipient contact with Government Agency is
... be directed ... the designated representative as follows:
___________________________________________________________.

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