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35984ed4 » mdhancher
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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
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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.
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14 Government Agency: NASA Ames Research Center
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15 Government Agency Original Software Designation: ARC-15761-1
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16 Government Agency Original Software Title: Vision Workbench v2
17 User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
18 Government Agency Point of Contact for Original Software: Terry Fong
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21
22 DEFINITIONS
23
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25 A. "Contributor" means Government Agency, as the developer of
26 the Original Software, and any entity that makes a
27 Modification.
28 B. "Covered Patents" mean patent claims licensable by a
29 Contributor that are necessarily infringed by the use or sale
30 of its Modification alone or when combined with the Subject
31 Software.
32 C. "Display" means the showing of a copy of the Subject
33 Software, either directly or by means of an image, or any
34 other device.
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35 D. "Distribution" means conveyance or transfer of the Subject
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36 Software, regardless of means, to another.
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37 E. "Larger Work" means computer software that combines Subject
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38 Software, or portions thereof, with software separate from
39 the Subject Software that is not governed by the terms of
40 this Agreement.
41 F. "Modification" means any alteration of, including addition
42 to or deletion from, the substance or structure of either the
43 Original Software or Subject Software, and includes
44 derivative works, as that term is defined in the Copyright
45 Statute, 17 USC 101. However, the act of including Subject
46 Software as part of a Larger Work does not in and of itself
47 constitute a Modification.
48 G. "Original Software" means the computer software first
49 released under this Agreement by Government Agency with
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50 Government Agency designation NASA Ames Research Center and
51 entitled Vision Workbench v2, including source code, object
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52 code and accompanying documentation, if any.
53 H. "Recipient" means anyone who acquires the Subject Software
54 under this Agreement, including all Contributors.
55 I. "Redistribution" means Distribution of the Subject Software
56 after a Modification has been made.
57 J. "Reproduction" means the making of a counterpart, image or
58 copy of the Subject Software.
59 K. "Sale" means the exchange of the Subject Software for money
60 or equivalent value.
61 L. "Subject Software" means the Original Software,
62 Modifications, or any respective parts thereof.
63 M. "Use" means the application or employment of the Subject
64 Software for any purpose.
65
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66 1. GRANT OF RIGHTS
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67
68 A. Under Non-Patent Rights: Subject to the terms and conditions
69 of this Agreement, each Contributor, with respect to its own
70 contribution to the Subject Software, hereby grants to each
71 Recipient a non-exclusive, world-wide, royalty-free license
72 to engage in the following activities pertaining to the
73 Subject Software:
74
75 1. Use
76 2. Distribution
77 3. Reproduction
78 4. Modification
79 5. Redistribution
80 6. Display
81
82 B. Under Patent Rights: Subject to the terms and conditions of
83 this Agreement, each Contributor, with respect to its own
84 contribution to the Subject Software, hereby grants to each
85 Recipient under Covered Patents a non-exclusive, world-wide,
86 royalty-free license to engage in the following activities
87 pertaining to the Subject Software:
88
89 1. Use
90 2. Distribution
91 3. Reproduction
92 4. Sale
93 5. Offer for Sale
94
95 C. The rights granted under Paragraph B. also apply to the
96 combination of a Contributor's Modification and the Subject
97 Software if, at the time the Modification is added by the
98 Contributor, the addition of such Modification causes the
99 combination to be covered by the Covered Patents. It does
100 not apply to any other combinations that include a
101 Modification.
102
103 D. The rights granted in Paragraphs A. and B. allow the
104 Recipient to sublicense those same rights. Such sublicense
105 must be under the same terms and conditions of this
106 Agreement.
107
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108 2. OBLIGATIONS OF RECIPIENT
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109
110 A. Distribution or Redistribution of the Subject Software must
111 be made under this Agreement except for additions covered
112 under paragraph 3H.
113
114 1. Whenever a Recipient distributes or redistributes the
115 Subject Software, a copy of this Agreement must be
116 included with each copy of the Subject Software; and
117 2. If Recipient distributes or redistributes the Subject
118 Software in any form other than source code, Recipient
119 must also make the source code freely available, and must
120 provide with each copy of the Subject Software
121 information on how to obtain the source code in a
122 reasonable manner on or through a medium customarily used
123 for software exchange.
124
125 B. Each Recipient must ensure that the following copyright
126 notice appears prominently in the Subject Software:
127
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128 Copyright (C) 2006-2010 United States Government as represented by
129 the Administrator of the National Aeronautics and Space Administration.
130 All Rights Reserved.
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131
132
133 C. Each Contributor must characterize its alteration of the
134 Subject Software as a Modification and must identify itself
135 as the originator of its Modification in a manner that
136 reasonably allows subsequent Recipients to identify the
137 originator of the Modification. In fulfillment of these
138 requirements, Contributor must include a file (e.g., a change
139 log file) that describes the alterations made and the date of
140 the alterations, identifies Contributor as originator of the
141 alterations, and consents to characterization of the
142 alterations as a Modification, for example, by including a
143 statement that the Modification is derived, directly or
144 indirectly, from Original Software provided by Government
145 Agency. Once consent is granted, it may not thereafter be
146 revoked.
147
148 D. A Contributor may add its own copyright notice to the Subject
149 Software. Once a copyright notice has been added to the
150 Subject Software, a Recipient may not remove it without the
151 express permission of the Contributor who added the notice.
152
153 E. A Recipient may not make any representation in the Subject
154 Software or in any promotional, advertising or other material
155 that may be construed as an endorsement by Government Agency
156 or by any prior Recipient of any product or service provided
157 by Recipient, or that may seek to obtain commercial advantage
158 by the fact of Government Agency's or a prior Recipient's
159 participation in this Agreement.
160
161 F. In an effort to track usage and maintain accurate records of
162 the Subject Software, each Recipient, upon receipt of the
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163 Subject Software, is requested to register with Government
164 Agency by visiting the following website:
165 http://opensource.arc.nasa.gov/. Recipient's name and
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166 personal information shall be used for statistical purposes
167 only. Once a Recipient makes a Modification available, it is
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168 requested that the Recipient inform Government Agency at the
169 web site provided above how to access the Modification.
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170
171 G. Each Contributor represents that that its Modification is
172 believed to be Contributor's original creation and does not
173 violate any existing agreements, regulations, statutes or
174 rules, and further that Contributor has sufficient rights to
175 grant the rights conveyed by this Agreement.
176
177 H. A Recipient may choose to offer, and to charge a fee for,
178 warranty, support, indemnity and/or liability obligations to
179 one or more other Recipients of the Subject Software. A
180 Recipient may do so, however, only on its own behalf and not
181 on behalf of Government Agency or any other Recipient. Such
182 a Recipient must make it absolutely clear that any such
183 warranty, support, indemnity and/or liability obligation is
184 offered by that Recipient alone. Further, such Recipient
185 agrees to indemnify Government Agency and every other
186 Recipient for any liability incurred by them as a result of
187 warranty, support, indemnity and/or liability offered by such
188 Recipient.
189
190 I. A Recipient may create a Larger Work by combining Subject
191 Software with separate software not governed by the terms of
192 this agreement and distribute the Larger Work as a single
193 product. In such case, the Recipient must make sure Subject
194 Software, or portions thereof, included in the Larger Work is
195 subject to this Agreement.
196
197 J. Notwithstanding any provisions contained herein, Recipient is
198 hereby put on notice that export of any goods or technical
199 data from the United States may require some form of export
200 license from the U.S. Government. Failure to obtain
201 necessary export licenses may result in criminal liability
202 under U.S. laws. Government Agency neither represents that a
203 license shall not be required nor that, if required, it shall
204 be issued. Nothing granted herein provides any such export
205 license.
206
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207 3. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
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208
209 A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT
210 ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR
211 STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT
212 THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY
213 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
214 PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY
215 WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR FREE, OR ANY
216 WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO THE
217 SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
218 CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR
219 RECIPIENT OF ANY RESULTS, RESULTING DESIGNS, HARDWARE,
220 SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING FROM
221 USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT AGENCY
222 DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD-
223 PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, AND
224 DISTRIBUTES IT "AS IS."
225
226 B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL
227 CLAIMS AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS
228 AND SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF
229 RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS IN ANY
230 LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING
231 FROM SUCH USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON,
232 OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT SOFTWARE,
233 RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED STATES
234 GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS
235 ANY PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW.
236 RECIPIENT'S SOLE REMEDY FOR ANY SUCH MATTER SHALL BE THE
237 IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
238
239
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240 4. GENERAL TERMS
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241
242 A. Termination: This Agreement and the rights granted hereunder
243 will terminate automatically if a Recipient fails to comply
244 with these terms and conditions, and fails to cure such
245 noncompliance within thirty (30) days of becoming aware of
246 such noncompliance. Upon termination, a Recipient agrees to
247 immediately cease use and distribution of the Subject
248 Software. All sublicenses to the Subject Software properly
249 granted by the breaching Recipient shall survive any such
250 termination of this Agreement.
251
252 B. Severability: If any provision of this Agreement is invalid
253 or unenforceable under applicable law, it shall not affect
254 the validity or enforceability of the remainder of the terms
255 of this Agreement.
256
257 C. Applicable Law: This Agreement shall be subject to United
258 States federal law only for all purposes, including, but not
259 limited to, determining the validity of this Agreement, the
260 meaning of its provisions and the rights, obligations and
261 remedies of the parties.
262
263 D. Entire Understanding: This Agreement constitutes the entire
264 understanding and agreement of the parties relating to
265 release of the Subject Software and may not be superseded,
266 modified or amended except by further written agreement duly
267 executed by the parties.
268
269 E. Binding Authority: By accepting and using the Subject
270 Software under this Agreement, a Recipient affirms its
271 authority to bind the Recipient to all terms and conditions
272 of this Agreement and that that Recipient hereby agrees to
273 all terms and conditions herein.
274
275 F. Point of Contact: Any Recipient contact with Government
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276 Agency is to be directed to the designated representative as
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277 follows:
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279 Terry Fong
280 Terry.Fong@nasa.gov
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