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Thu Jun 30 21:34:49 2011 UTC (3 years ago) by alexxy
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[licenses] Add NOSA license

1 alexxy 1.1 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
5     COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT
6     AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT
7     AGENCY"). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
8     AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT
9     DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO
10     USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
11     SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION,
12     ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN
13     THIS AGREEMENT.
14    
15     Government Agency: National Aeronautics and Space Administration (NASA)
16     Government Agency Original Software Designation: ARC-15277
17     Government Agency Original Software Title: growler 0.1
18     User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
19     Government Agency Point of Contact for Original Software: bgreen@nas.nasa.gov
20    
21     1. DEFINITIONS
22    
23     A. "Contributor" means Government Agency, as the developer of the
24     Original Software, and any entity that makes a Modification.
25    
26     B. "Covered Patents" mean patent claims licensable by a Contributor
27     that are necessarily infringed by the use or sale of its Modification
28     alone or when combined with the Subject Software.
29    
30     C. "Display" means the showing of a copy of the Subject Software,
31     either directly or by means of an image, or any other device.
32    
33     D. "Distribution" means conveyance or transfer of the Subject
34     Software, regardless of means, to another.
35    
36     E. "Larger Work" means computer software that combines Subject
37     Software, or portions thereof, with software separate from the Subject
38     Software that is not governed by the terms of this Agreement.
39    
40     F. "Modification" means any alteration of, including addition to or
41     deletion from, the substance or structure of either the Original
42     Software or Subject Software, and includes derivative works, as that
43     term is defined in the Copyright Statute, 17 USC 101. However, the
44     act of including Subject Software as part of a Larger Work does not in
45     and of itself constitute a Modification.
46    
47     G. "Original Software" means the computer software first released
48     under this Agreement by Government Agency with Government Agency
49     designation ARC-15277 and entitled growler, including source code,
50     object code and accompanying documentation, if any.
51    
52     H. "Recipient" means anyone who acquires the Subject Software under
53     this Agreement, including all Contributors.
54    
55     I. "Redistribution" means Distribution of the Subject Software after a
56     Modification has been made.
57    
58     J. "Reproduction" means the making of a counterpart, image or copy of
59     the Subject Software.
60    
61     K. "Sale" means the exchange of the Subject Software for money or
62     equivalent value.
63    
64     L. "Subject Software" means the Original Software, Modifications, or
65     any respective parts thereof.
66    
67     M. "Use" means the application or employment of the Subject Software
68     for any purpose.
69    
70     2. GRANT OF RIGHTS
71    
72     A. Under Non-Patent Rights: Subject to the terms and conditions of
73     this Agreement, each Contributor, with respect to its own contribution
74     to the Subject Software, hereby grants to each Recipient a
75     non-exclusive, world-wide, royalty-free license to engage in the
76     following activities pertaining to the Subject Software:
77    
78     1. Use
79     2. Distribution
80     3. Reproduction
81     4. Modification
82     5. Redistribution
83     6. Display
84    
85     B. Under Patent Rights: Subject to the terms and conditions of this
86     Agreement, each Contributor, with respect to its own contribution to
87     the Subject Software, hereby grants to each Recipient under Covered
88     Patents a non-exclusive, world-wide, royalty-free license to engage in
89     the following activities pertaining to the Subject Software:
90    
91     1. Use
92     2. Distribution
93     3. Reproduction
94     4. Sale
95     5. Offer for Sale
96    
97     C. The rights granted under Paragraph B. also apply to the combination
98     of a Contributor's Modification and the Subject Software if, at the
99     time the Modification is added by the Contributor, the addition of
100     such Modification causes the combination to be covered by the Covered
101     Patents. It does not apply to any other combinations that include a
102     Modification.
103    
104     D. The rights granted in Paragraphs A. and B. allow the Recipient to
105     sublicense those same rights. Such sublicense must be under the same
106     terms and conditions of this Agreement.
107    
108     3. OBLIGATIONS OF RECIPIENT
109    
110     A. Distribution or Redistribution of the Subject Software must be made
111     under this Agreement except for additions covered under paragraph 3H.
112    
113     1. Whenever a Recipient distributes or redistributes the Subject
114     Software, a copy of this Agreement must be included with each copy
115     of the Subject Software; and
116     2. If Recipient distributes or redistributes the Subject Software in
117     any form other than source code, Recipient must also make the
118     source code freely available, and must provide with each copy of
119     the Subject Software information on how to obtain the source code
120     in a reasonable manner on or through a medium customarily used for
121     software exchange.
122    
123     B. Each Recipient must ensure that the following copyright notice
124     appears prominently in the Subject Software:
125    
126     Copyright ã 2004 United States Government as represented by the
127     Administrator of the National Aeronautics and Space Administration.
128     All Rights Reserved.
129    
130     C. Each Contributor must characterize its alteration of the Subject
131     Software as a Modification and must identify itself as the originator
132     of its Modification in a manner that reasonably allows subsequent
133     Recipients to identify the originator of the Modification. In
134     fulfillment of these requirements, Contributor must include a file
135     (e.g., a change log file) that describes the alterations made and the
136     date of the alterations, identifies Contributor as originator of the
137     alterations, and consents to characterization of the alterations as a
138     Modification, for example, by including a statement that the
139     Modification is derived, directly or indirectly, from Original
140     Software provided by Government Agency. Once consent is granted, it
141     may not thereafter be revoked.
142    
143     D. A Contributor may add its own copyright notice to the Subject
144     Software. Once a copyright notice has been added to the Subject
145     Software, a Recipient may not remove it without the express permission
146     of the Contributor who added the notice.
147    
148     E. A Recipient may not make any representation in the Subject Software
149     or in any promotional, advertising or other material that may be
150     construed as an endorsement by Government Agency or by any prior
151     Recipient of any product or service provided by Recipient, or that may
152     seek to obtain commercial advantage by the fact of Government Agency's
153     or a prior Recipient's participation in this Agreement.
154    
155     F. In an effort to track usage and maintain accurate records of the
156     Subject Software, each Recipient, upon receipt of the Subject
157     Software, is requested to register with Government Agency by visiting
158     the following website: http://opensource.arc.nasa.gov. Recipient's
159     name and personal information shall be used for statistical purposes
160     only. Once a Recipient makes a Modification available, it is requested
161     that the Recipient inform Government Agency at the web site provided
162     above how to access the Modification.
163    
164     G. Each Contributor represents that that its Modification is believed
165     to be Contributor's original creation and does not violate any
166     existing agreements, regulations, statutes or rules, and further that
167     Contributor has sufficient rights to grant the rights conveyed by this
168     Agreement.
169    
170     H. A Recipient may choose to offer, and to charge a fee for, warranty,
171     support, indemnity and/or liability obligations to one or more other
172     Recipients of the Subject Software. A Recipient may do so, however,
173     only on its own behalf and not on behalf of Government Agency or any
174     other Recipient. Such a Recipient must make it absolutely clear that
175     any such warranty, support, indemnity and/or liability obligation is
176     offered by that Recipient alone. Further, such Recipient agrees to
177     indemnify Government Agency and every other Recipient for any
178     liability incurred by them as a result of warranty, support, indemnity
179     and/or liability offered by such Recipient.
180    
181     I. A Recipient may create a Larger Work by combining Subject Software
182     with separate software not governed by the terms of this agreement and
183     distribute the Larger Work as a single product. In such case, the
184     Recipient must make sure Subject Software, or portions thereof,
185     included in the Larger Work is subject to this Agreement.
186    
187     J. Notwithstanding any provisions contained herein, Recipient is
188     hereby put on notice that export of any goods or technical data from
189     the United States may require some form of export license from the
190     U.S. Government. Failure to obtain necessary export licenses may
191     result in criminal liability under U.S. laws. Government Agency
192     neither represents that a license shall not be required nor that, if
193     required, it shall be issued. Nothing granted herein provides any
194     such export license.
195    
196     4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
197    
198     A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
199     WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY,
200     INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE
201     WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
202     MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
203     INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR
204     FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
205     THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
206     CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT
207     OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY
208     OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.
209     FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES
210     REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE,
211     AND DISTRIBUTES IT "AS IS."
212    
213     B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
214     AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
215     SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
216     THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES,
217     EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
218     PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT
219     SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED
220     STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
221     PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
222     REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL
223     TERMINATION OF THIS AGREEMENT.
224    
225    
226     5. GENERAL TERMS
227    
228     A. Termination: This Agreement and the rights granted hereunder will
229     terminate automatically if a Recipient fails to comply with these
230     terms and conditions, and fails to cure such noncompliance within
231     thirty (30) days of becoming aware of such noncompliance. Upon
232     termination, a Recipient agrees to immediately cease use and
233     distribution of the Subject Software. All sublicenses to the Subject
234     Software properly granted by the breaching Recipient shall survive any
235     such termination of this Agreement.
236    
237     B. Severability: If any provision of this Agreement is invalid or
238     unenforceable under applicable law, it shall not affect the validity
239     or enforceability of the remainder of the terms of this Agreement.
240    
241     C. Applicable Law: This Agreement shall be subject to United States
242     federal law only for all purposes, including, but not limited to,
243     determining the validity of this Agreement, the meaning of its
244     provisions and the rights, obligations and remedies of the parties.
245    
246     D. Entire Understanding: This Agreement constitutes the entire
247     understanding and agreement of the parties relating to release of the
248     Subject Software and may not be superseded, modified or amended except
249     by further written agreement duly executed by the parties.
250    
251     E. Binding Authority: By accepting and using the Subject Software
252     under this Agreement, a Recipient affirms its authority to bind the
253     Recipient to all terms and conditions of this Agreement and that that
254     Recipient hereby agrees to all terms and conditions herein.
255    
256     F. Point of Contact: Any Recipient contact with Government Agency is
257     to be directed to the designated representative as follows:
258     bgreen@nas.nasa.gov.

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