|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
|Government Agency: National Aeronautics and Space Administration (NASA)
|Government Agency Original Software Designation: ARC-15277
|Government Agency Original Software Title: growler 0.1
|User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
|Government Agency Point of Contact for Original Software: firstname.lastname@example.org
|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 ARC-15277 and entitled growler, 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
|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.
|2. 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:
|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:
|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
|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.
|3. 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 ã 2004 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
|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.
|4. 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.
|5. 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: