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 IN FULL _ RESPONSIBILITIES _ OBLIGATIONS CONTAINED IN
THIS AGREEMENT.

Government Agency: _____________________________________

Government Agency Original Software Designation: ______________

Government Agency Original Software Title: ____________________

User Registration Requested. Please Visit __________________

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 in _ 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 in 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 in 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
in a reasonable manner _ or through a medium customarily used for
software exchange.

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

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

[The following copyright notice will be used if created by a
contractor pursuant _ Government Agency contract _ rights obtained
from creator by assignment. Government Agency will insert _ year
_ its Agency designation _ remove _ bracketed language.]
Copyright " {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 _ year _ its Agency
designation _ remove _ bracketed language.] Copyright " {YEAR}
United States Government as represented by _____________
_____________________________. No copyright _ claimed in _ 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 in 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 in _ 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 in this Agreement.

F. In 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 will not be supported by releasing
Government Agency] In 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 in 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 in 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. In such case, the
Recipient must make sure Subject Software, _ portions thereof,
included in _ 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 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.

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
WILL CONFORM _ SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, _ FREEDOM FROM
INFRINGEMENT, ANY WARRANTY THAT _ SUBJECT SOFTWARE WILL BE ERROR
FREE, _ ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
_ SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN 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 IN _ 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 IN 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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