mirror of
https://github.com/nasa/trick.git
synced 2024-12-22 14:32:24 +00:00
244 lines
13 KiB
Plaintext
244 lines
13 KiB
Plaintext
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: MSC-25665
|
|
Government Agency Original Software Title: Trick 13 Simulation Environment
|
|
User Registration Requested. Please Visit https://github.com/nasa/Trick
|
|
Government Agency Point of Contact for Original Software:
|
|
alexander.s.lin@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
|
|
MSC-25665 and entitled Trick 13 Simulation Environment 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 2013 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: https://github.com/nasa/Trick. 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.
|
|
|
|
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:
|
|
alexander.s.lin@nasa.gov
|
|
|