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[licenses] Add NOSA license

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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