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LICENSE
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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), Goddard Space Flight Center Government Agency Original
Software Designation and Software Title: GSC-15,137-1 F-UNIT
User Registration Requested. Please Visit: Government Agency Point of
Contact for Original Software:
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 any or all of the computer software
first released under this Agreement by Government Agency with
Government Agency designation GSC-15,137-1, with title identified
herein, 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 2005 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: . 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 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.