Trick Educational Software Usage Agreement - March 2006 The Trick Simulation Environment (Trick) is a jointly developed software project between NASA and its supporting contractors. Trick software has been developed and is currently owned and being maintained by NASA under NASA government contracts. Authorization to use Trick software including access to source code may be granted for educational projects by the following NASA organization: Andre Sylvester - Branch Chief Simulation and Graphics Branch - Mail Code ER7 Automation, Robotics & Simulation Division NASA, Johnson Space Center, 2101 NASA Parkway, Houston, TX 77058 NASA Trick Lab Manager: Alex Lin, alexander.s.lin@nasa.gov, (281)244-5306 Trick Lab Website: http://trick.jsc.nasa.gov Any unauthorized use of Trick software including source code, object code or executables is strictly prohibited. The following terms apply to all files associated with the Trick software unless explicitly disclaimed in individual files or directories. 1. DEFINITIONS A. "Contributor" means Government Agency, as the developer of the Original Software, and any entity that makes a Modification. B. "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. 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/JSC and entitled Trick, 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. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION A. No Warranty: TRICK SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE TRICK SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE TRICK SOFTWARE WILL BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO THE TRICK 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 TRICK 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 TRICK 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 TRICK 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. 3. OBLIGATIONS OF AUTHORIZED RECIPIENTS OF TRICK A. Distribution or Redistribution of the Trick Software must be made under this Agreement. 1. All Recipients of Trick software must register with NASA's Simulation and Graphics Branch of the Automation, Simulation and Robotics Division. This registration can be done with email, website or a letter (See authorization agency information above). The registration must contain the following information: - Point of contact: Name, email, phone and Agency/Company - Description of educational work being performed with Trick 2. Distribution or Redistribution of Trick Software by the Recipient is not allowed. B. Any Modifications to Trick Software source code must be made under this Agreement. 1. Whenever a Recipient Modifies any Trick Software, the Recipient must characterize its alteration of the Trick Software as a modified custom version of Trick and must identify itself as the originator of its Modification in a manner that reasonably allows identification of the originator of the Modification. The Contributor must include a file (e.g., a change log file) that describes the alterations made and the date of the alterations and identifies Contributor as originator of the alterations. The name Trick is copyrighted by LinCom Corporation (now L3-Com Titan Corporation). Trick - Copyright © 1996, 1997 LinCom Corporation, Houston, TX All rights reserved.