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| 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: GSC-16256-1 |
| 17 | +Government Agency Original Software Title: "ISTP CDF Skeleton Editor" |
| 18 | +User Registration Requested. Please Visit https://spdf.gsfc.nasa.gov/ |
| 19 | +Government Agency Point of Contact for Original Software: |
| 20 | + NASA-SPDF-Support@nasa.onmicrosoft.com |
| 21 | + |
| 22 | + |
| 23 | +1. DEFINITIONS |
| 24 | + |
| 25 | +A. "Contributor" means Government Agency, as the developer of the |
| 26 | +Original Software, and any entity that makes a Modification. |
| 27 | +B. "Covered Patents" mean patent claims licensable by a Contributor |
| 28 | +that are necessarily infringed by the use or sale of its Modification |
| 29 | +alone or when combined with the Subject Software. |
| 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 | +D. "Distribution" means conveyance or transfer of the Subject |
| 33 | +Software, regardless of means, to another. |
| 34 | +E. "Larger Work" means computer software that combines Subject |
| 35 | +Software, or portions thereof, with software separate from the Subject |
| 36 | +Software that is not governed by the terms of this Agreement. |
| 37 | +F. "Modification" means any alteration of, including addition to or |
| 38 | +deletion from, the substance or structure of either the Original |
| 39 | +Software or Subject Software, and includes derivative works, as that |
| 40 | +term is defined in the Copyright Statute, 17 USC 101. However, the |
| 41 | +act of including Subject Software as part of a Larger Work does not in |
| 42 | +and of itself constitute a Modification. |
| 43 | +G. "Original Software" means the computer software first released |
| 44 | +under this Agreement by Government Agency with Government Agency |
| 45 | +designation "GSC-16256-1"" and entitled |
| 46 | +"ISTP CDF Skeleton Editor", including source code, |
| 47 | +object code and accompanying documentation, if any. |
| 48 | +H. "Recipient" means anyone who acquires the Subject Software under |
| 49 | +this Agreement, including all Contributors. |
| 50 | +I. "Redistribution" means Distribution of the Subject Software after a |
| 51 | +Modification has been made. |
| 52 | +J. "Reproduction" means the making of a counterpart, image or copy of |
| 53 | +the Subject Software. |
| 54 | +K. "Sale" means the exchange of the Subject Software for money or |
| 55 | +equivalent value. |
| 56 | +L. "Subject Software" means the Original Software, Modifications, or |
| 57 | +any respective parts thereof. |
| 58 | +M. "Use" means the application or employment of the Subject Software |
| 59 | +for any purpose. |
| 60 | + |
| 61 | +2. GRANT OF RIGHTS |
| 62 | + |
| 63 | +A. Under Non-Patent Rights: Subject to the terms and conditions of |
| 64 | +this Agreement, each Contributor, with respect to its own contribution |
| 65 | +to the Subject Software, hereby grants to each Recipient a |
| 66 | +non-exclusive, world-wide, royalty-free license to engage in the |
| 67 | +following activities pertaining to the Subject Software: |
| 68 | + |
| 69 | +1. Use |
| 70 | +2. Distribution |
| 71 | +3. Reproduction |
| 72 | +4. Modification |
| 73 | +5. Redistribution |
| 74 | +6. Display |
| 75 | + |
| 76 | +B. Under Patent Rights: Subject to the terms and conditions of this |
| 77 | +Agreement, each Contributor, with respect to its own contribution to |
| 78 | +the Subject Software, hereby grants to each Recipient under Covered |
| 79 | +Patents a non-exclusive, world-wide, royalty-free license to engage in |
| 80 | +the following activities pertaining to the Subject Software: |
| 81 | + |
| 82 | +1. Use |
| 83 | +2. Distribution |
| 84 | +3. Reproduction |
| 85 | +4. Sale |
| 86 | +5. Offer for Sale |
| 87 | + |
| 88 | +C. The rights granted under Paragraph B. also apply to the combination |
| 89 | +of a Contributor's Modification and the Subject Software if, at the |
| 90 | +time the Modification is added by the Contributor, the addition of |
| 91 | +such Modification causes the combination to be covered by the Covered |
| 92 | +Patents. It does not apply to any other combinations that include a |
| 93 | +Modification. |
| 94 | + |
| 95 | +D. The rights granted in Paragraphs A. and B. allow the Recipient to |
| 96 | +sublicense those same rights. Such sublicense must be under the same |
| 97 | +terms and conditions of this Agreement. |
| 98 | + |
| 99 | +3. OBLIGATIONS OF RECIPIENT |
| 100 | + |
| 101 | +A. Distribution or Redistribution of the Subject Software must be made |
| 102 | +under this Agreement except for additions covered under paragraph 3H. |
| 103 | + |
| 104 | +1. Whenever a Recipient distributes or redistributes the Subject |
| 105 | + Software, a copy of this Agreement must be included with each copy |
| 106 | + of the Subject Software; and |
| 107 | +2. If Recipient distributes or redistributes the Subject Software in |
| 108 | + any form other than source code, Recipient must also make the |
| 109 | + source code freely available, and must provide with each copy of |
| 110 | + the Subject Software information on how to obtain the source code |
| 111 | + in a reasonable manner on or through a medium customarily used for |
| 112 | + software exchange. |
| 113 | + |
| 114 | +B. Each Recipient must ensure that the following copyright notice |
| 115 | +appears prominently in the Subject Software: |
| 116 | + |
| 117 | +Copyright (c) 2006 United States Government as represented by the |
| 118 | +National Aeronautics and Space Administration. No copyright is claimed |
| 119 | +in the United States under Title 17, U.S.Code. All Other Rights Reserved. |
| 120 | + |
| 121 | +C. Each Contributor must characterize its alteration of the Subject |
| 122 | +Software as a Modification and must identify itself as the originator |
| 123 | +of its Modification in a manner that reasonably allows subsequent |
| 124 | +Recipients to identify the originator of the Modification. In |
| 125 | +fulfillment of these requirements, Contributor must include a file |
| 126 | +(e.g., a change log file) that describes the alterations made and the |
| 127 | +date of the alterations, identifies Contributor as originator of the |
| 128 | +alterations, and consents to characterization of the alterations as a |
| 129 | +Modification, for example, by including a statement that the |
| 130 | +Modification is derived, directly or indirectly, from Original |
| 131 | +Software provided by Government Agency. Once consent is granted, it |
| 132 | +may not thereafter be revoked. |
| 133 | + |
| 134 | +D. A Contributor may add its own copyright notice to the Subject |
| 135 | +Software. Once a copyright notice has been added to the Subject |
| 136 | +Software, a Recipient may not remove it without the express permission |
| 137 | +of the Contributor who added the notice. |
| 138 | + |
| 139 | +E. A Recipient may not make any representation in the Subject Software |
| 140 | +or in any promotional, advertising or other material that may be |
| 141 | +construed as an endorsement by Government Agency or by any prior |
| 142 | +Recipient of any product or service provided by Recipient, or that may |
| 143 | +seek to obtain commercial advantage by the fact of Government Agency's |
| 144 | +or a prior Recipient's participation in this Agreement. |
| 145 | + |
| 146 | +F. In an effort to track usage and maintain accurate records of the |
| 147 | +Subject Software, each Recipient, upon receipt of the Subject |
| 148 | +Software, is requested to register with Government Agency by visiting |
| 149 | +the following website: https://opensource.gsfc.nasa.gov/. Recipient's |
| 150 | +name and personal information shall be used for statistical purposes |
| 151 | +only. Once a Recipient makes a Modification available, it is requested |
| 152 | +that the Recipient inform Government Agency at the web site provided |
| 153 | +above how to access the Modification. |
| 154 | + |
| 155 | +G. Each Contributor represents that that its Modification is believed |
| 156 | +to be Contributor's original creation and does not violate any |
| 157 | +existing agreements, regulations, statutes or rules, and further that |
| 158 | +Contributor has sufficient rights to grant the rights conveyed by this |
| 159 | +Agreement. |
| 160 | + |
| 161 | +H. A Recipient may choose to offer, and to charge a fee for, warranty, |
| 162 | +support, indemnity and/or liability obligations to one or more other |
| 163 | +Recipients of the Subject Software. A Recipient may do so, however, |
| 164 | +only on its own behalf and not on behalf of Government Agency or any |
| 165 | +other Recipient. Such a Recipient must make it absolutely clear that |
| 166 | +any such warranty, support, indemnity and/or liability obligation is |
| 167 | +offered by that Recipient alone. Further, such Recipient agrees to |
| 168 | +indemnify Government Agency and every other Recipient for any |
| 169 | +liability incurred by them as a result of warranty, support, indemnity |
| 170 | +and/or liability offered by such Recipient. |
| 171 | + |
| 172 | +I. A Recipient may create a Larger Work by combining Subject Software |
| 173 | +with separate software not governed by the terms of this agreement and |
| 174 | +distribute the Larger Work as a single product. In such case, the |
| 175 | +Recipient must make sure Subject Software, or portions thereof, |
| 176 | +included in the Larger Work is subject to this Agreement. |
| 177 | + |
| 178 | +J. Notwithstanding any provisions contained herein, Recipient is |
| 179 | +hereby put on notice that export of any goods or technical data from |
| 180 | +the United States may require some form of export license from the |
| 181 | +U.S. Government. Failure to obtain necessary export licenses may |
| 182 | +result in criminal liability under U.S. laws. Government Agency |
| 183 | +neither represents that a license shall not be required nor that, if |
| 184 | +required, it shall be issued. Nothing granted herein provides any |
| 185 | +such export license. |
| 186 | + |
| 187 | +4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION |
| 188 | + |
| 189 | +A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY |
| 190 | +WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, |
| 191 | +INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE |
| 192 | +WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF |
| 193 | +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM |
| 194 | +INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR |
| 195 | +FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO |
| 196 | +THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, |
| 197 | +CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT |
| 198 | +OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY |
| 199 | +OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. |
| 200 | +FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES |
| 201 | +REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, |
| 202 | +AND DISTRIBUTES IT "AS IS." |
| 203 | + |
| 204 | +B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS |
| 205 | +AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND |
| 206 | +SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF |
| 207 | +THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES, |
| 208 | +EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM |
| 209 | +PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT |
| 210 | +SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED |
| 211 | +STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY |
| 212 | +PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE |
| 213 | +REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL |
| 214 | +TERMINATION OF THIS AGREEMENT. |
| 215 | + |
| 216 | + |
| 217 | +5. GENERAL TERMS |
| 218 | + |
| 219 | +A. Termination: This Agreement and the rights granted hereunder will |
| 220 | +terminate automatically if a Recipient fails to comply with these |
| 221 | +terms and conditions, and fails to cure such noncompliance within |
| 222 | +thirty (30) days of becoming aware of such noncompliance. Upon |
| 223 | +termination, a Recipient agrees to immediately cease use and |
| 224 | +distribution of the Subject Software. All sublicenses to the Subject |
| 225 | +Software properly granted by the breaching Recipient shall survive any |
| 226 | +such termination of this Agreement. |
| 227 | + |
| 228 | +B. Severability: If any provision of this Agreement is invalid or |
| 229 | +unenforceable under applicable law, it shall not affect the validity |
| 230 | +or enforceability of the remainder of the terms of this Agreement. |
| 231 | + |
| 232 | +C. Applicable Law: This Agreement shall be subject to United States |
| 233 | +federal law only for all purposes, including, but not limited to, |
| 234 | +determining the validity of this Agreement, the meaning of its |
| 235 | +provisions and the rights, obligations and remedies of the parties. |
| 236 | + |
| 237 | +D. Entire Understanding: This Agreement constitutes the entire |
| 238 | +understanding and agreement of the parties relating to release of the |
| 239 | +Subject Software and may not be superseded, modified or amended except |
| 240 | +by further written agreement duly executed by the parties. |
| 241 | + |
| 242 | +E. Binding Authority: By accepting and using the Subject Software |
| 243 | +under this Agreement, a Recipient affirms its authority to bind the |
| 244 | +Recipient to all terms and conditions of this Agreement and that that |
| 245 | +Recipient hereby agrees to all terms and conditions herein. |
| 246 | + |
| 247 | +F. Point of Contact: Any Recipient contact with Government Agency is |
| 248 | +to be directed to the designated representative as follows: |
| 249 | +NASA-SPDF-Support@nasa.onmicrosoft.com. |
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