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NASA OPEN SOURCE AGREEMENT VERSION 1.3
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THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE,
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REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN
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COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT
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AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT
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AGENCY"). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
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AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT
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DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO
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USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
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SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION,
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ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN
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THIS AGREEMENT.
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Government Agency: National Aeronautics and Space Administration (NASA)
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Government Agency Original Software Designation: ARC-15277
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Government Agency Original Software Title: growler 0.1
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User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
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Government Agency Point of Contact for Original Software: bgreen@nas.nasa.gov
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1. DEFINITIONS
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A. "Contributor" means Government Agency, as the developer of the
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Original Software, and any entity that makes a Modification.
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B. "Covered Patents" mean patent claims licensable by a Contributor
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that are necessarily infringed by the use or sale of its Modification
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alone or when combined with the Subject Software.
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C. "Display" means the showing of a copy of the Subject Software,
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either directly or by means of an image, or any other device.
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D. "Distribution" means conveyance or transfer of the Subject
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Software, regardless of means, to another.
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E. "Larger Work" means computer software that combines Subject
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Software, or portions thereof, with software separate from the Subject
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Software that is not governed by the terms of this Agreement.
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F. "Modification" means any alteration of, including addition to or
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deletion from, the substance or structure of either the Original
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Software or Subject Software, and includes derivative works, as that
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term is defined in the Copyright Statute, 17 USC 101. However, the
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act of including Subject Software as part of a Larger Work does not in
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and of itself constitute a Modification.
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G. "Original Software" means the computer software first released
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under this Agreement by Government Agency with Government Agency
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designation ARC-15277 and entitled growler, including source code,
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object code and accompanying documentation, if any.
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H. "Recipient" means anyone who acquires the Subject Software under
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this Agreement, including all Contributors.
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I. "Redistribution" means Distribution of the Subject Software after a
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Modification has been made.
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J. "Reproduction" means the making of a counterpart, image or copy of
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the Subject Software.
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K. "Sale" means the exchange of the Subject Software for money or
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equivalent value.
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L. "Subject Software" means the Original Software, Modifications, or
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any respective parts thereof.
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M. "Use" means the application or employment of the Subject Software
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for any purpose.
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2. GRANT OF RIGHTS
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A. Under Non-Patent Rights: Subject to the terms and conditions of
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this Agreement, each Contributor, with respect to its own contribution
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to the Subject Software, hereby grants to each Recipient a
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non-exclusive, world-wide, royalty-free license to engage in the
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following activities pertaining to the Subject Software:
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1. Use
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2. Distribution
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3. Reproduction
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4. Modification
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5. Redistribution
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6. Display
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B. Under Patent Rights: Subject to the terms and conditions of this
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Agreement, each Contributor, with respect to its own contribution to
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the Subject Software, hereby grants to each Recipient under Covered
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Patents a non-exclusive, world-wide, royalty-free license to engage in
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the following activities pertaining to the Subject Software:
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1. Use
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2. Distribution
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3. Reproduction
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4. Sale
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5. Offer for Sale
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C. The rights granted under Paragraph B. also apply to the combination
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of a Contributor's Modification and the Subject Software if, at the
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time the Modification is added by the Contributor, the addition of
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such Modification causes the combination to be covered by the Covered
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Patents. It does not apply to any other combinations that include a
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Modification.
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D. The rights granted in Paragraphs A. and B. allow the Recipient to
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sublicense those same rights. Such sublicense must be under the same
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terms and conditions of this Agreement.
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3. OBLIGATIONS OF RECIPIENT
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A. Distribution or Redistribution of the Subject Software must be made
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under this Agreement except for additions covered under paragraph 3H.
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1. Whenever a Recipient distributes or redistributes the Subject
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Software, a copy of this Agreement must be included with each copy
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of the Subject Software; and
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2. If Recipient distributes or redistributes the Subject Software in
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any form other than source code, Recipient must also make the
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source code freely available, and must provide with each copy of
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the Subject Software information on how to obtain the source code
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in a reasonable manner on or through a medium customarily used for
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software exchange.
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B. Each Recipient must ensure that the following copyright notice
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appears prominently in the Subject Software:
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Copyright ã 2004 United States Government as represented by the
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Administrator of the National Aeronautics and Space Administration.
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All Rights Reserved.
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C. Each Contributor must characterize its alteration of the Subject
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Software as a Modification and must identify itself as the originator
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of its Modification in a manner that reasonably allows subsequent
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Recipients to identify the originator of the Modification. In
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fulfillment of these requirements, Contributor must include a file
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(e.g., a change log file) that describes the alterations made and the
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date of the alterations, identifies Contributor as originator of the
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alterations, and consents to characterization of the alterations as a
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Modification, for example, by including a statement that the
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Modification is derived, directly or indirectly, from Original
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Software provided by Government Agency. Once consent is granted, it
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may not thereafter be revoked.
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D. A Contributor may add its own copyright notice to the Subject
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Software. Once a copyright notice has been added to the Subject
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Software, a Recipient may not remove it without the express permission
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of the Contributor who added the notice.
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E. A Recipient may not make any representation in the Subject Software
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or in any promotional, advertising or other material that may be
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construed as an endorsement by Government Agency or by any prior
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Recipient of any product or service provided by Recipient, or that may
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seek to obtain commercial advantage by the fact of Government Agency's
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or a prior Recipient's participation in this Agreement.
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F. In an effort to track usage and maintain accurate records of the
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Subject Software, each Recipient, upon receipt of the Subject
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Software, is requested to register with Government Agency by visiting
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the following website: http://opensource.arc.nasa.gov. Recipient's
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name and personal information shall be used for statistical purposes
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only. Once a Recipient makes a Modification available, it is requested
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that the Recipient inform Government Agency at the web site provided
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above how to access the Modification.
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G. Each Contributor represents that that its Modification is believed
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to be Contributor's original creation and does not violate any
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existing agreements, regulations, statutes or rules, and further that
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Contributor has sufficient rights to grant the rights conveyed by this
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Agreement.
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H. A Recipient may choose to offer, and to charge a fee for, warranty,
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support, indemnity and/or liability obligations to one or more other
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Recipients of the Subject Software. A Recipient may do so, however,
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only on its own behalf and not on behalf of Government Agency or any
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other Recipient. Such a Recipient must make it absolutely clear that
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any such warranty, support, indemnity and/or liability obligation is
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offered by that Recipient alone. Further, such Recipient agrees to
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indemnify Government Agency and every other Recipient for any
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liability incurred by them as a result of warranty, support, indemnity
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and/or liability offered by such Recipient.
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I. A Recipient may create a Larger Work by combining Subject Software
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with separate software not governed by the terms of this agreement and
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distribute the Larger Work as a single product. In such case, the
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Recipient must make sure Subject Software, or portions thereof,
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included in the Larger Work is subject to this Agreement.
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J. Notwithstanding any provisions contained herein, Recipient is
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hereby put on notice that export of any goods or technical data from
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the United States may require some form of export license from the
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U.S. Government. Failure to obtain necessary export licenses may
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result in criminal liability under U.S. laws. Government Agency
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neither represents that a license shall not be required nor that, if
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required, it shall be issued. Nothing granted herein provides any
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such export license.
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4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
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A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
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WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY,
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INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE
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WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
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INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR
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FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
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THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
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CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT
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OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY
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OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.
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FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES
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REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE,
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AND DISTRIBUTES IT "AS IS."
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B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
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AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
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SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
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THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES,
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EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
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PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT
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SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED
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STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
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PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
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REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL
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TERMINATION OF THIS AGREEMENT.
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5. GENERAL TERMS
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A. Termination: This Agreement and the rights granted hereunder will
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terminate automatically if a Recipient fails to comply with these
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terms and conditions, and fails to cure such noncompliance within
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thirty (30) days of becoming aware of such noncompliance. Upon
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termination, a Recipient agrees to immediately cease use and
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distribution of the Subject Software. All sublicenses to the Subject
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Software properly granted by the breaching Recipient shall survive any
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such termination of this Agreement.
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B. Severability: If any provision of this Agreement is invalid or
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unenforceable under applicable law, it shall not affect the validity
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or enforceability of the remainder of the terms of this Agreement.
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C. Applicable Law: This Agreement shall be subject to United States
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federal law only for all purposes, including, but not limited to,
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determining the validity of this Agreement, the meaning of its
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provisions and the rights, obligations and remedies of the parties.
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D. Entire Understanding: This Agreement constitutes the entire
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understanding and agreement of the parties relating to release of the
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Subject Software and may not be superseded, modified or amended except
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by further written agreement duly executed by the parties.
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E. Binding Authority: By accepting and using the Subject Software
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under this Agreement, a Recipient affirms its authority to bind the
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Recipient to all terms and conditions of this Agreement and that that
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Recipient hereby agrees to all terms and conditions herein.
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F. Point of Contact: Any Recipient contact with Government Agency is
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to be directed to the designated representative as follows:
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bgreen@nas.nasa.gov.
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