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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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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)
+Government Agency Original Software Designation: ARC-15277
+Government Agency Original Software Title: growler 0.1
+User Registration Requested. Please Visit http://opensource.arc.nasa.gov/
+Government Agency Point of Contact for Original Software: bgreen@nas.nasa.gov
+
+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 the computer software first released
+under this Agreement by Government Agency with Government Agency
+designation ARC-15277 and entitled growler, 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 ã 2004 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: http://opensource.arc.nasa.gov. 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 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.
+
+4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
+
+A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
+WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY,
+INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE
+WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
+MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
+INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR
+FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
+THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
+CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT
+OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY
+OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.
+FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES
+REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE,
+AND DISTRIBUTES IT "AS IS."
+
+B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
+AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
+SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
+THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES,
+EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
+PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT
+SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED
+STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
+PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
+REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL
+TERMINATION OF THIS AGREEMENT.
+
+
+5. GENERAL TERMS
+
+A. Termination: This Agreement and the rights granted hereunder will
+terminate automatically if a Recipient fails to comply with these
+terms and conditions, and fails to cure such noncompliance within
+thirty (30) days of becoming aware of such noncompliance. Upon
+termination, a Recipient agrees to immediately cease use and
+distribution of the Subject Software. All sublicenses to the Subject
+Software properly granted by the breaching Recipient shall survive any
+such termination of this Agreement.
+
+B. Severability: If any provision of this Agreement is invalid or
+unenforceable under applicable law, it shall not affect the validity
+or enforceability of the remainder of the terms of this Agreement.
+
+C. Applicable Law: This Agreement shall be subject to United States
+federal law only for all purposes, including, but not limited to,
+determining the validity of this Agreement, the meaning of its
+provisions and the rights, obligations and remedies of the parties.
+
+D. Entire Understanding: This Agreement constitutes the entire
+understanding and agreement of the parties relating to release of the
+Subject Software and may not be superseded, modified or amended except
+by further written agreement duly executed by the parties.
+
+E. Binding Authority: By accepting and using the Subject Software
+under this Agreement, a Recipient affirms its authority to bind the
+Recipient to all terms and conditions of this Agreement and that that
+Recipient hereby agrees to all terms and conditions herein.
+
+F. Point of Contact: Any Recipient contact with Government Agency is
+to be directed to the designated representative as follows:
+bgreen@nas.nasa.gov.