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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: NASA Ames Research Center
Government Agency Original Software Designation: NASA Ames Research Center
Government Agency Original Software Title: GeoCam
User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
Government Agency Point of Contact for Original Software: Terry Fong
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 NASA Ames Research Center and
entitled GeoCam, 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.
1. 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.
2. 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:
Copyright (C) 2006-2010 United States Government as represented by
the Administrator of the National Aeronautics and Space Administration.
All 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:
http://opensource.arc.nasa.gov/. 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.
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.
3. 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.
4. 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:
Terry Fong
Terry.Fong@nasa.gov
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