
    	NASA OPEN SOURCE SOFTWARE AGREEMENT
	

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
Government Agency Original Software Designation: GSC-15354-1
Government Agency Original Software Title:  GEOS-5 GCM Modeling Software
User Registration Requested.  Please Visit http://opensource.gsfc.nasa.gov
Government Agency Point of Contact for Original Software:  
            Dale Hithon, SRA Assistant, (301) 286-2691

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
GSC-15354-1 and entitled GEOS-5 GCM Modeling Software, 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 © 2003-2018 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: http://opensource.gsfc.nasa.gov.  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:  Dale Hithon,
SRA Assistant, (301) 286-2691.
