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1 NASA OPEN SOURCE AGREEMENT VERSION 1.3
2
3 THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE,
4 REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN
5 COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS
6 REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY").
7 THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT AGENCY, IS AN
8 INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT DISTRIBUTIONS OR
9 REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO USES, REPRODUCES,
10 DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT SOFTWARE, AS DEFINED
11 HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING IN FULL THE
12 RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
13
14 Government Agency: NASA Ames Research Center
15 Government Agency Original Software Designation: NASA Ames Research Center
16 Government Agency Original Software Title: GeoCam
17 User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
18 Government Agency Point of Contact for Original Software: Terry Fong
19
20 DEFINITIONS
21
22
23 A. "Contributor" means Government Agency, as the developer of
24 the Original Software, and any entity that makes a
25 Modification.
26 B. "Covered Patents" mean patent claims licensable by a
27 Contributor that are necessarily infringed by the use or sale
28 of its Modification alone or when combined with the Subject
29 Software.
30 C. "Display" means the showing of a copy of the Subject
31 Software, either directly or by means of an image, or any
32 other device.
33 D. "Distribution" means conveyance or transfer of the Subject
34 Software, regardless of means, to another.
35 E. "Larger Work" means computer software that combines Subject
36 Software, or portions thereof, with software separate from
37 the Subject Software that is not governed by the terms of
38 this Agreement.
39 F. "Modification" means any alteration of, including addition
40 to or deletion from, the substance or structure of either the
41 Original Software or Subject Software, and includes
42 derivative works, as that term is defined in the Copyright
43 Statute, 17 USC 101. However, the act of including Subject
44 Software as part of a Larger Work does not in and of itself
45 constitute a Modification.
46 G. "Original Software" means the computer software first
47 released under this Agreement by Government Agency with
48 Government Agency designation NASA Ames Research Center and
49 entitled GeoCam, including source code, object
50 code and accompanying documentation, if any.
51 H. "Recipient" means anyone who acquires the Subject Software
52 under this Agreement, including all Contributors.
53 I. "Redistribution" means Distribution of the Subject Software
54 after a Modification has been made.
55 J. "Reproduction" means the making of a counterpart, image or
56 copy of the Subject Software.
57 K. "Sale" means the exchange of the Subject Software for money
58 or equivalent value.
59 L. "Subject Software" means the Original Software,
60 Modifications, or any respective parts thereof.
61 M. "Use" means the application or employment of the Subject
62 Software for any purpose.
63
64 1. GRANT OF RIGHTS
65
66 A. Under Non-Patent Rights: Subject to the terms and conditions
67 of this Agreement, each Contributor, with respect to its own
68 contribution to the Subject Software, hereby grants to each
69 Recipient a non-exclusive, world-wide, royalty-free license
70 to engage in the following activities pertaining to the
71 Subject Software:
72
73 1. Use
74 2. Distribution
75 3. Reproduction
76 4. Modification
77 5. Redistribution
78 6. Display
79
80 B. Under Patent Rights: Subject to the terms and conditions of
81 this Agreement, each Contributor, with respect to its own
82 contribution to the Subject Software, hereby grants to each
83 Recipient under Covered Patents a non-exclusive, world-wide,
84 royalty-free license to engage in the following activities
85 pertaining to the Subject Software:
86
87 1. Use
88 2. Distribution
89 3. Reproduction
90 4. Sale
91 5. Offer for Sale
92
93 C. The rights granted under Paragraph B. also apply to the
94 combination of a Contributor's Modification and the Subject
95 Software if, at the time the Modification is added by the
96 Contributor, the addition of such Modification causes the
97 combination to be covered by the Covered Patents. It does
98 not apply to any other combinations that include a
99 Modification.
100
101 D. The rights granted in Paragraphs A. and B. allow the
102 Recipient to sublicense those same rights. Such sublicense
103 must be under the same terms and conditions of this
104 Agreement.
105
106 2. OBLIGATIONS OF RECIPIENT
107
108 A. Distribution or Redistribution of the Subject Software must
109 be made under this Agreement except for additions covered
110 under paragraph 3H.
111
112 1. Whenever a Recipient distributes or redistributes the
113 Subject Software, a copy of this Agreement must be
114 included with each copy of the Subject Software; and
115 2. If Recipient distributes or redistributes the Subject
116 Software in any form other than source code, Recipient
117 must also make the source code freely available, and must
118 provide with each copy of the Subject Software
119 information on how to obtain the source code in a
120 reasonable manner on or through a medium customarily used
121 for software exchange.
122
123 B. Each Recipient must ensure that the following copyright
124 notice appears prominently in the Subject Software:
125
126 Copyright (C) 2006-2010 United States Government as represented by
127 the Administrator of the National Aeronautics and Space Administration.
128 All Rights Reserved.
129
130
131 C. Each Contributor must characterize its alteration of the
132 Subject Software as a Modification and must identify itself
133 as the originator of its Modification in a manner that
134 reasonably allows subsequent Recipients to identify the
135 originator of the Modification. In fulfillment of these
136 requirements, Contributor must include a file (e.g., a change
137 log file) that describes the alterations made and the date of
138 the alterations, identifies Contributor as originator of the
139 alterations, and consents to characterization of the
140 alterations as a Modification, for example, by including a
141 statement that the Modification is derived, directly or
142 indirectly, from Original Software provided by Government
143 Agency. Once consent is granted, it may not thereafter be
144 revoked.
145
146 D. A Contributor may add its own copyright notice to the Subject
147 Software. Once a copyright notice has been added to the
148 Subject Software, a Recipient may not remove it without the
149 express permission of the Contributor who added the notice.
150
151 E. A Recipient may not make any representation in the Subject
152 Software or in any promotional, advertising or other material
153 that may be construed as an endorsement by Government Agency
154 or by any prior Recipient of any product or service provided
155 by Recipient, or that may seek to obtain commercial advantage
156 by the fact of Government Agency's or a prior Recipient's
157 participation in this Agreement.
158
159 F. In an effort to track usage and maintain accurate records of
160 the Subject Software, each Recipient, upon receipt of the
161 Subject Software, is requested to register with Government
162 Agency by visiting the following website:
163 http://opensource.arc.nasa.gov/. Recipient's name and
164 personal information shall be used for statistical purposes
165 only. Once a Recipient makes a Modification available, it is
166 requested that the Recipient inform Government Agency at the
167 web site provided above how to access the Modification.
168
169 G. Each Contributor represents that that its Modification is
170 believed to be Contributor's original creation and does not
171 violate any existing agreements, regulations, statutes or
172 rules, and further that Contributor has sufficient rights to
173 grant the rights conveyed by this Agreement.
174
175 H. A Recipient may choose to offer, and to charge a fee for,
176 warranty, support, indemnity and/or liability obligations to
177 one or more other Recipients of the Subject Software. A
178 Recipient may do so, however, only on its own behalf and not
179 on behalf of Government Agency or any other Recipient. Such
180 a Recipient must make it absolutely clear that any such
181 warranty, support, indemnity and/or liability obligation is
182 offered by that Recipient alone. Further, such Recipient
183 agrees to indemnify Government Agency and every other
184 Recipient for any liability incurred by them as a result of
185 warranty, support, indemnity and/or liability offered by such
186 Recipient.
187
188 I. A Recipient may create a Larger Work by combining Subject
189 Software with separate software not governed by the terms of
190 this agreement and distribute the Larger Work as a single
191 product. In such case, the Recipient must make sure Subject
192 Software, or portions thereof, included in the Larger Work is
193 subject to this Agreement.
194
195 J. Notwithstanding any provisions contained herein, Recipient is
196 hereby put on notice that export of any goods or technical
197 data from the United States may require some form of export
198 license from the U.S. Government. Failure to obtain
199 necessary export licenses may result in criminal liability
200 under U.S. laws. Government Agency neither represents that a
201 license shall not be required nor that, if required, it shall
202 be issued. Nothing granted herein provides any such export
203 license.
204
205 3. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
206
207 A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT
208 ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR
209 STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT
210 THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY
211 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
212 PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY
213 WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR FREE, OR ANY
214 WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO THE
215 SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
216 CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR
217 RECIPIENT OF ANY RESULTS, RESULTING DESIGNS, HARDWARE,
218 SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING FROM
219 USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT AGENCY
220 DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD-
221 PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, AND
222 DISTRIBUTES IT "AS IS."
223
224 B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL
225 CLAIMS AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS
226 AND SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF
227 RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS IN ANY
228 LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING
229 FROM SUCH USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON,
230 OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT SOFTWARE,
231 RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED STATES
232 GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS
233 ANY PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW.
234 RECIPIENT'S SOLE REMEDY FOR ANY SUCH MATTER SHALL BE THE
235 IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
236
237
238 4. GENERAL TERMS
239
240 A. Termination: This Agreement and the rights granted hereunder
241 will terminate automatically if a Recipient fails to comply
242 with these terms and conditions, and fails to cure such
243 noncompliance within thirty (30) days of becoming aware of
244 such noncompliance. Upon termination, a Recipient agrees to
245 immediately cease use and distribution of the Subject
246 Software. All sublicenses to the Subject Software properly
247 granted by the breaching Recipient shall survive any such
248 termination of this Agreement.
249
250 B. Severability: If any provision of this Agreement is invalid
251 or unenforceable under applicable law, it shall not affect
252 the validity or enforceability of the remainder of the terms
253 of this Agreement.
254
255 C. Applicable Law: This Agreement shall be subject to United
256 States federal law only for all purposes, including, but not
257 limited to, determining the validity of this Agreement, the
258 meaning of its provisions and the rights, obligations and
259 remedies of the parties.
260
261 D. Entire Understanding: This Agreement constitutes the entire
262 understanding and agreement of the parties relating to
263 release of the Subject Software and may not be superseded,
264 modified or amended except by further written agreement duly
265 executed by the parties.
266
267 E. Binding Authority: By accepting and using the Subject
268 Software under this Agreement, a Recipient affirms its
269 authority to bind the Recipient to all terms and conditions
270 of this Agreement and that that Recipient hereby agrees to
271 all terms and conditions herein.
272
273 F. Point of Contact: Any Recipient contact with Government
274 Agency is to be directed to the designated representative as
275 follows:
276
277 Terry Fong
278 Terry.Fong@nasa.gov
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