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| 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. | ||
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| Government Agency: NASA | ||
| Government Agency Original Software Designation: GSC-17737-1 | ||
| Government Agency Original Software Title: | ||
| NASA Operational Simulator for Small Satellites | ||
| User Registration Requested. Please Visit | ||
| https://github.com/nasa/nos3 | ||
| Government Agency Point of Contact for Original Software: | ||
| [email protected] | ||
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| 1. DEFINITIONS | ||
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| 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 GSC-17776-1 and entitled Core Flight System Cryptography | ||
| Library, 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. | ||
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| 2. GRANT OF RIGHTS | ||
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| 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: | ||
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| 1. Use | ||
| 2. Distribution | ||
| 3. Reproduction | ||
| 4. Modification | ||
| 5. Redistribution | ||
| 6. Display | ||
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| 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: | ||
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| 1. Use | ||
| 2. Distribution | ||
| 3. Reproduction | ||
| 4. Sale | ||
| 5. Offer for Sale | ||
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| 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. | ||
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| 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. | ||
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| 3. OBLIGATIONS OF RECIPIENT | ||
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| A. Distribution or Redistribution of the Subject Software must be made | ||
| under this Agreement except for additions covered under paragraph 3H. | ||
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| 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. | ||
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| B. Each Recipient must ensure that the following copyright notice | ||
| appears prominently in the Subject Software: | ||
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| /* Copyright (C) 2009 - 2022 National Aeronautics and Space Administration. All Foreign Rights are Reserved to the U.S. Government. | ||
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| This 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 software will conform to specifications, any implied warranties of merchantability, fitness | ||
| for a particular purpose, and freedom from infringement, and any warranty that the documentation will conform to the program, or | ||
| any warranty that the software will be error free. | ||
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| In no event shall NASA be liable for any damages, including, but not limited to direct, indirect, special or consequential damages, | ||
| arising out of, resulting from, or in any way connected with the software or its documentation, whether or not based upon warranty, | ||
| contract, tort or otherwise, and whether or not loss was sustained from, or arose out of the results of, or use of, the software, | ||
| documentation or services provided hereunder. | ||
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| ITC Team | ||
| NASA IV&V | ||
| [email protected] | ||
| */ | ||
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| 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. | ||
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| 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. | ||
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| 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. | ||
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| 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/CryptoLib. 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. | ||
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| 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. | ||
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| 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. | ||
|
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| 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. | ||
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| 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. | ||
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| 4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION | ||
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| 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." | ||
|
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| 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. | ||
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| 5. GENERAL TERMS | ||
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| 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. | ||
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| 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. | ||
|
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| 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. | ||
|
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| 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. | ||
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| 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. | ||
|
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| F. Point of Contact: Any Recipient contact with Government Agency is | ||
| to be directed to the designated representative as follows: | ||
| [email protected] |
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