NRL OPEN LICENSE AGREEMENT

1. Scope and Applicability: This Agreement applies to Computer Software that
is made available under this Agreement. By using, modifying, or disseminating
the Computer Software, You accept the terms and conditions in this Agreement.
Use, modification, and dissemination of the Computer Software is permitted
only in accordance with the terms and conditions of this Agreement. No other
rights or licenses to the Computer Software are granted. Unauthorized use,
sale, conveyance, disposition, or modification of a Computer Software may
result in civil penalties and/or criminal penalties under 18 U.S.C. § 641.


2. For purposes of this Agreement, the following definitions apply:

a. “Computer software” means computer programs, source code, source code
listings, object code listings, design details, algorithms, processes,
flow charts, formulae, and related material that would enable the software
to be reproduced, recreated, or recompiled.

b. “Derivative work” is a work based upon some or all of the Computer Software.

c. “Unlimited rights” means rights to use, modify, reproduce, release,
perform, display, or disclose, in whole or in part, in any manner and for
any purpose whatsoever, and to have or authorize others to do so.

d. “You” means yourself and any corporation, company, association, firm,
partnership, society, and joint stock company to which you are an employee,
volunteer, or an independent contractor performing services therefor.

3. Use and Distribution License: The Government of the United States of
America (“Government”) hereby authorizes You to use and modify the Computer
Software for any purpose. The Government hereby authorizes You to
redistribute the Computer Software, but only under the terms of this
Agreement. You agree that any modifications to and derivative works of the
Computer Software generated by You shall be distributed only under the terms
of this Agreement. You shall provide a copy of this Agreement with any
distribution of the Computer Software, or any modification to and derivative
works of the Computer Software.

4. Ownership: All Computer Software is property of the Government and under
the custody and administration of the U.S. Naval Research Laboratory (NRL).
Nothing in the Agreement shall be construed to constitute a sale, assignment,
or transfer of ownership to You of the Computer Software.

5. Markings: You shall not remove any copyright notices, disclaimers, notices
of Government sponsorship and license rights, third-party licenses, and any
other identifications, contained in the Computer Software or provided in a
file accompanying the Computer Software, such as a license file.

6. Header File Required: For source code provided under this Agreement, the
header of each source file shall contain the following statement:

!#######################################################################

THIS SOURCE CODE IS PROPERTY OF THE GOVERNMENT OF THE UNITED STATES OF
AMERICA. BY USING, MODIFYING, OR DISSEMINATING THIS SOURCE CODE, YOU ACCEPT
THE TERMS AND CONDITIONS IN THE NRL OPEN LICENSE AGREEMENT. USE, MODIFICATION,
AND DISSEMINATION ARE PERMITTED ONLY IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE NRL OPEN LICENSE AGREEMENT. NO OTHER RIGHTS OR LICENSES
ARE GRANTED. UNAUTHORIZED USE, SALE, CONVEYANCE, DISPOSITION, OR MODIFICATION
OF THIS SOURCE CODE MAY RESULT IN CIVIL PENALTIES AND/OR CRIMINAL PENALTIES
UNDER 18 U.S.C. § 641.

!########################################################################

7. Government Rights: In consideration of making the Computer Software
available to You, You irrevocably grant the Government, at no cost, unlimited
rights in any and all modifications to, and derivative works of, the Computer
Software. Upon request, You shall deliver to NRL, or another Federal component
or agency as NRL may designate, all modifications to and derivative works of
the Computer Software generated by You or that are in Your possession.

8. ALL MATERIAL IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY PARTICULAR PURPOSE
OR ANY WARRANTIES OF ACCURACY OR COMPLETENESS OR ANY WARRANTIES THAT THE
USE OF THE COMPUTER SOFTWARE WILL NOT INFRINGE OR VIOLATE ANY PATENT OR
OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY (WHETHER DIRECTLY OR INDIRECTLY).

9. Notice: You shall provide prominent notice on any derivative work of the
Computer Software, or in a file accompanying the Computer Software, that the
Computer Software was developed in part or in whole by NRL.

10. No Support. The Computer Software(s) is provided without any support or
maintenance, and without any obligation to provide modifications,
improvements, enhancements, or updates thereto. No oral or written
information or advice given by Federal employees shall create a warranty
or in any way modify this Agreement.

11. Export Control: This Agreement does not authorize any disclosure, export,
or deemed export of technical information, articles, or services, nor does it
authorize or approve the use of any exemption to the export licensing
requirements of the International Traffic in Arms Regulations (“ITAR”) or the
Export Administration Regulations (“EAR”). You shall ensure full compliance
with all applicable requirements and restrictions established in law and
regulation pertaining to United States export controls including the Arms
Export Control Act, the International Traffic in Arms Regulations, the Export
Control Reform Act, the Export Administration Regulations, and the Atomic
Energy Act.

12. Termination: The Government, either through NRL or another Federal
component or agency, may terminate this Agreement at any time. The Government
rights under Section 7 shall survive termination.

13. Liability: You shall be solely liable for all claims and/or damages which
may arise from Your use, storage or disposal of the Computer Software under
this Agreement. Nothing in this Agreement shall be construed as a waiver of
the sovereign immunity of the United States.

14. Indemnification: You agree on behalf of Yourself, and any successors in
interest or assignees of You, to hold harmless and indemnify the United States
from any claim for damages or injury to any person or property arising out of
the provision of the Computer Software. This will include any costs relating
to infringing a third party’s intellectual property rights.

15. Governing Law & Jurisdiction. If a dispute, controversy, or claim relating
to this Agreement shall arise, You agree to first attempt to settle such
matter through informal dispute resolution. If any such matter cannot be
resolved informally, applicable U.S. Federal laws shall govern this Agreement
for all purposes.

16. No Government Endorsement: You shall not make or include any statements
that imply NRL or another component or agency of the Federal Government
endorses You, Your work, or any product or service You offer.

17. Severability. If any provision or term of this Agreement is held to be
invalid by a court of competent jurisdiction, then such provision or term
will be enforced to the maximum extent possible and the remaining terms of
this Agreement will continue in full force and effect.
