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-
-ASA 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: _____ Government Agency Original Software Designation: __
-Government Agency Original Software Title: _____ User Registration Requested.
-Please Visit http://___ Government Agency Point of Contact for Original
-Software: _____
-
-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 __ and entitled _________, 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.
-
-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:
-
-Use
-Distribution
-Reproduction
-Modification
-Redistribution
-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:
-
-Use
-Distribution
-Reproduction
-Sale
-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.
-
-OBLIGATIONS OF RECIPIENT
-A. Distribution or Redistribution of the Subject Software must be made under
-this Agreement except for additions covered under paragraph 3H.
-
-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
-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:
-
-[Government Agency will insert the applicable copyright notice in each
-agreement accompanying the initial distribution of original software and remove
-this bracketed language.]
-
-[The following copyright notice will be used if created by a contractor
-pursuant to Government Agency contract and rights obtained from creator by
-assignment. Government Agency will insert the year and its Agency designation
-and remove the bracketed language.] Copyright � {YEAR} United States Government
-as represented by ___ ____. All Rights Reserved.
-
-[The following copyright notice will be used if created by civil servants only.
-Government Agency will insert the year and its Agency designation and remove
-the bracketed language.] Copyright � {YEAR} United States Government as
-represented by ____ ____. No copyright is claimed in the United States under
-Title 17, U.S.Code. All Other 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: ______.
-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.
-
-[Alternative paragraph for use when a web site for release and monitoring of
-subject software will not be supported by releasing Government Agency] 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: ______. 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.
-
-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.
-
-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: ___________.
-
-
-
-
-
-