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alexxy 11/06/30 21:34:49 |
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Added: NOSA |
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Log: |
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[licenses] Add NOSA license |
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Revision Changes Path |
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1.1 licenses/NOSA |
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file : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/NOSA?rev=1.1&view=markup |
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plain: http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/NOSA?rev=1.1&content-type=text/plain |
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Index: NOSA |
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=================================================================== |
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NASA OPEN SOURCE AGREEMENT VERSION 1.3 |
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|
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THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, |
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REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN |
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COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT |
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AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT |
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AGENCY"). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT |
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AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT |
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DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO |
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USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT |
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SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, |
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ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN |
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THIS AGREEMENT. |
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|
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Government Agency: National Aeronautics and Space Administration (NASA) |
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Government Agency Original Software Designation: ARC-15277 |
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Government Agency Original Software Title: growler 0.1 |
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User Registration Requested. Please Visit http://opensource.arc.nasa.gov/ |
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Government Agency Point of Contact for Original Software: bgreen@××××××××.gov |
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|
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1. DEFINITIONS |
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|
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A. "Contributor" means Government Agency, as the developer of the |
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Original Software, and any entity that makes a Modification. |
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|
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B. "Covered Patents" mean patent claims licensable by a Contributor |
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that are necessarily infringed by the use or sale of its Modification |
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alone or when combined with the Subject Software. |
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|
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C. "Display" means the showing of a copy of the Subject Software, |
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either directly or by means of an image, or any other device. |
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|
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D. "Distribution" means conveyance or transfer of the Subject |
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Software, regardless of means, to another. |
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|
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E. "Larger Work" means computer software that combines Subject |
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Software, or portions thereof, with software separate from the Subject |
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Software that is not governed by the terms of this Agreement. |
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|
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F. "Modification" means any alteration of, including addition to or |
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deletion from, the substance or structure of either the Original |
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Software or Subject Software, and includes derivative works, as that |
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term is defined in the Copyright Statute, 17 USC 101. However, the |
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act of including Subject Software as part of a Larger Work does not in |
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and of itself constitute a Modification. |
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|
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G. "Original Software" means the computer software first released |
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under this Agreement by Government Agency with Government Agency |
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designation ARC-15277 and entitled growler, including source code, |
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object code and accompanying documentation, if any. |
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|
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H. "Recipient" means anyone who acquires the Subject Software under |
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this Agreement, including all Contributors. |
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|
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I. "Redistribution" means Distribution of the Subject Software after a |
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Modification has been made. |
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|
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J. "Reproduction" means the making of a counterpart, image or copy of |
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the Subject Software. |
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|
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K. "Sale" means the exchange of the Subject Software for money or |
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equivalent value. |
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|
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L. "Subject Software" means the Original Software, Modifications, or |
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any respective parts thereof. |
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|
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M. "Use" means the application or employment of the Subject Software |
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for any purpose. |
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|
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2. GRANT OF RIGHTS |
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|
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A. Under Non-Patent Rights: Subject to the terms and conditions of |
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this Agreement, each Contributor, with respect to its own contribution |
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to the Subject Software, hereby grants to each Recipient a |
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non-exclusive, world-wide, royalty-free license to engage in the |
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following activities pertaining to the Subject Software: |
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|
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1. Use |
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2. Distribution |
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3. Reproduction |
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4. Modification |
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5. Redistribution |
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6. Display |
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|
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B. Under Patent Rights: Subject to the terms and conditions of this |
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Agreement, each Contributor, with respect to its own contribution to |
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the Subject Software, hereby grants to each Recipient under Covered |
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Patents a non-exclusive, world-wide, royalty-free license to engage in |
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the following activities pertaining to the Subject Software: |
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|
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1. Use |
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2. Distribution |
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3. Reproduction |
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4. Sale |
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5. Offer for Sale |
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|
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C. The rights granted under Paragraph B. also apply to the combination |
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of a Contributor's Modification and the Subject Software if, at the |
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time the Modification is added by the Contributor, the addition of |
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such Modification causes the combination to be covered by the Covered |
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Patents. It does not apply to any other combinations that include a |
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Modification. |
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|
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D. The rights granted in Paragraphs A. and B. allow the Recipient to |
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sublicense those same rights. Such sublicense must be under the same |
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terms and conditions of this Agreement. |
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|
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3. OBLIGATIONS OF RECIPIENT |
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A. Distribution or Redistribution of the Subject Software must be made |
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under this Agreement except for additions covered under paragraph 3H. |
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1. Whenever a Recipient distributes or redistributes the Subject |
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Software, a copy of this Agreement must be included with each copy |
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of the Subject Software; and |
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2. If Recipient distributes or redistributes the Subject Software in |
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any form other than source code, Recipient must also make the |
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source code freely available, and must provide with each copy of |
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the Subject Software information on how to obtain the source code |
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in a reasonable manner on or through a medium customarily used for |
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software exchange. |
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|
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B. Each Recipient must ensure that the following copyright notice |
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appears prominently in the Subject Software: |
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|
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Copyright ã 2004 United States Government as represented by the |
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Administrator of the National Aeronautics and Space Administration. |
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All Rights Reserved. |
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|
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C. Each Contributor must characterize its alteration of the Subject |
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Software as a Modification and must identify itself as the originator |
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of its Modification in a manner that reasonably allows subsequent |
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Recipients to identify the originator of the Modification. In |
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fulfillment of these requirements, Contributor must include a file |
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(e.g., a change log file) that describes the alterations made and the |
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date of the alterations, identifies Contributor as originator of the |
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alterations, and consents to characterization of the alterations as a |
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Modification, for example, by including a statement that the |
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Modification is derived, directly or indirectly, from Original |
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Software provided by Government Agency. Once consent is granted, it |
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may not thereafter be revoked. |
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|
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D. A Contributor may add its own copyright notice to the Subject |
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Software. Once a copyright notice has been added to the Subject |
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Software, a Recipient may not remove it without the express permission |
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of the Contributor who added the notice. |
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|
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E. A Recipient may not make any representation in the Subject Software |
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or in any promotional, advertising or other material that may be |
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construed as an endorsement by Government Agency or by any prior |
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Recipient of any product or service provided by Recipient, or that may |
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seek to obtain commercial advantage by the fact of Government Agency's |
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or a prior Recipient's participation in this Agreement. |
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|
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F. In an effort to track usage and maintain accurate records of the |
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Subject Software, each Recipient, upon receipt of the Subject |
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Software, is requested to register with Government Agency by visiting |
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the following website: http://opensource.arc.nasa.gov. Recipient's |
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name and personal information shall be used for statistical purposes |
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only. Once a Recipient makes a Modification available, it is requested |
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that the Recipient inform Government Agency at the web site provided |
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above how to access the Modification. |
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|
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G. Each Contributor represents that that its Modification is believed |
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to be Contributor's original creation and does not violate any |
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existing agreements, regulations, statutes or rules, and further that |
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Contributor has sufficient rights to grant the rights conveyed by this |
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Agreement. |
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|
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H. A Recipient may choose to offer, and to charge a fee for, warranty, |
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support, indemnity and/or liability obligations to one or more other |
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Recipients of the Subject Software. A Recipient may do so, however, |
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only on its own behalf and not on behalf of Government Agency or any |
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other Recipient. Such a Recipient must make it absolutely clear that |
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any such warranty, support, indemnity and/or liability obligation is |
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offered by that Recipient alone. Further, such Recipient agrees to |
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indemnify Government Agency and every other Recipient for any |
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liability incurred by them as a result of warranty, support, indemnity |
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and/or liability offered by such Recipient. |
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|
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I. A Recipient may create a Larger Work by combining Subject Software |
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with separate software not governed by the terms of this agreement and |
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distribute the Larger Work as a single product. In such case, the |
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Recipient must make sure Subject Software, or portions thereof, |
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included in the Larger Work is subject to this Agreement. |
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|
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J. Notwithstanding any provisions contained herein, Recipient is |
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hereby put on notice that export of any goods or technical data from |
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the United States may require some form of export license from the |
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U.S. Government. Failure to obtain necessary export licenses may |
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result in criminal liability under U.S. laws. Government Agency |
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neither represents that a license shall not be required nor that, if |
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required, it shall be issued. Nothing granted herein provides any |
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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 |
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WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, |
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INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE |
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WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF |
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM |
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INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR |
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FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO |
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THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, |
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CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT |
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OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY |
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OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. |
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FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES |
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REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, |
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AND DISTRIBUTES IT "AS IS." |
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|
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B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS |
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AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND |
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SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF |
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THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES, |
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EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM |
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PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT |
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SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED |
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STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY |
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PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE |
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REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL |
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TERMINATION OF THIS AGREEMENT. |
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|
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|
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5. GENERAL TERMS |
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|
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A. Termination: This Agreement and the rights granted hereunder will |
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terminate automatically if a Recipient fails to comply with these |
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terms and conditions, and fails to cure such noncompliance within |
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thirty (30) days of becoming aware of such noncompliance. Upon |
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termination, a Recipient agrees to immediately cease use and |
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distribution of the Subject Software. All sublicenses to the Subject |
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Software properly granted by the breaching Recipient shall survive any |
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such termination of this Agreement. |
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|
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B. Severability: If any provision of this Agreement is invalid or |
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unenforceable under applicable law, it shall not affect the validity |
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or enforceability of the remainder of the terms of this Agreement. |
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|
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C. Applicable Law: This Agreement shall be subject to United States |
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federal law only for all purposes, including, but not limited to, |
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determining the validity of this Agreement, the meaning of its |
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provisions and the rights, obligations and remedies of the parties. |
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|
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D. Entire Understanding: This Agreement constitutes the entire |
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understanding and agreement of the parties relating to release of the |
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Subject Software and may not be superseded, modified or amended except |
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by further written agreement duly executed by the parties. |
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|
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E. Binding Authority: By accepting and using the Subject Software |
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under this Agreement, a Recipient affirms its authority to bind the |
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Recipient to all terms and conditions of this Agreement and that that |
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Recipient hereby agrees to all terms and conditions herein. |
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|
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F. Point of Contact: Any Recipient contact with Government Agency is |
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to be directed to the designated representative as follows: |
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bgreen@××××××××.gov. |