NASA OPEN SOURCE AGREEMENT VERSION 1.3
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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: **NASA Ames Research Center**
:Government Agency Original Software Designation: **NASA Ames Research Center**
:Government Agency Original Software Title:
**CAPE - Computational Aerosciences Productivity & Execution software**
:User Registration Requested: Please e-mail Government Agency Point of Contact
:Government Agency Points of Contact for Original Software: **Derek Dalle**
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
**NASA Ames Research Center** and entitled "CAPE" 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 Contributor's Modification and the Subject Software if, at the time
the Modification is added by the Contributor, the addition of such
rights granted under Paragraph B. also apply to the combination of
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 © 2022 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 provide Government Agency, by e-mail to the Government
Agency Point of Contact listed in clause 5.F., the following
information: name and email. 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, by e-mail to the Government Agency Point of Contact
listed in clause 5.F., 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. Points of Contact: Any Recipient contact with Government Agency is to be
directed to the designated representative as follows:
| Derek Dalle
| derek.j.dalle@nasa.gov