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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: 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: bgreen@nas.nasa.gov
-
-1. 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 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
-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.
-
-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:
-
-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.
-
-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
-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.
-
-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:
-bgreen@nas.nasa.gov.