COPYING

NASA OPEN SOURCE AGREEMENT VERSION 1.3

(Language for Use in Distribution of TRANSIMS)
May 2005 Original
July 2006 Revised

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 
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: U.S. Department of Transportation, Federal Highway 
Administration HEPI

Government Agency Original Software Designation: TRANSIMS Version 4.0 Beta

Government Agency Original Software Title: TRansportation ANalysis 
SIMulation System (TRANSIMS) 4.0 Beta

User Registration Requested.

Government Agency Point of Contact for Original Software: Brian Gardner

   1. DEFINITIONS
         1. "Contributor" means Government Agency, as the developer of the 
	 Original Software, and any entity that makes a Modification.
         2. "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.
         3. "Display" means the showing of a copy of the Subject Software, 
	 either directly or by means of an image, or any other device.
         4. "Distribution" means conveyance or transfer of the Subject 
	 Software, regardless of means, to another.
         5. "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.
         6. "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.
         7. "Original Software" means the computer software first released 
	 under this Agreement by Government Agency with Government Agency 
	 designation TRANSIMS Version 3.1.1 and entitled TRansportation 
	 ANalysis SIMulation System (TRANSIMS) Version 3.1.1 and subsequent 
	 versions including source code, object code and accompanying 
	 documentation, if any.
         8. "Recipient" means anyone who acquires the Subject Software 
	 under this Agreement, including all Contributors.
         9. "Redistribution" means Distribution of the Subject Software 
	 after a Modification has been made.
        10. "Reproduction" means the making of a counterpart, image or copy 
	of the Subject Software.
        11. "Sale" means the exchange of the Subject Software for money or 
	equivalent value.
        12. "Subject Software" means the Original Software, Modifications, 
	or any respective parts thereof.
        13. "Use" means the application or employment of the Subject 
	Software for any purpose.

   2. GRANT OF RIGHTS
         1. 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
         2. 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
         3. The rights granted under section 2.2 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.
         4. 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.

   3. OBLIGATIONS OF RECIPIENT
         1. Distribution or Redistribution of the Subject Software must be 
	 made under this Agreement except for additions covered under 
	 paragraph 3.8  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
               1.

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

                Copyright (2005). The Regents of the University of 
		California. This software was produced under U.S. 
		Government contract W-7405-ENG-36 for Los Alamos National 
		Laboratory (LANL), which is operated by the University of 
		California for the U.S. Department of Energy. The U.S. 
		Government has rights to use, reproduce, and distribute 
		this software. NEITHER THE GOVERNMENT NOR THE UNIVERSITY 
		MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY 
		LIABILITY FOR THE USE OF THIS SOFTWARE. If software is 
		modified to produce derivative works, such modified 
		software should be clearly marked, so as not to confuse it 
		with the version available from LANL.

                Copyright © 2006 United States Government as represented by 
		the Administrator of the Federal Highway Administration. 
		All Rights Reserved.

         3. 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.
         4. 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.
         5. 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.
         6. 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. 
	 Recipient's name and 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.
         7. 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.
         8. 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.
         9. 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.
        10. 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.

   4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
         1. 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, OF 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."
         2. 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.

   5. GENERAL TERMS
         1. 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.
         2. 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.
         3. 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.
         4. 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.
         5. 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.
         6. Point of Contact: Any Recipient contact with Government Agency 
	 is to be directed to the designated representative as follows: 
	 brian.gardner@dot.gov