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: NASA Ames Research Center
Government Agency Original Software Designation: NASA Ames Research Center
Government Agency Original Software Title: Ocean Worlds Autonomy Testbed for
Exploration Research and Simulation (OceanWATERS)
User Registration Requested. Please e-mail Government Agency Point of Contact
Government Agency Point of Contact for Original Software: Laurence Edwards


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 NASA Ames Research Center and entitled Ocean
Worlds Autonomy Testbed for Exploration Research and Simulation
(OceanWATERS), 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 © 2020 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 provide Government Agency, by e-mail to the
Government Agency Point of Contact listed in clause 5.F., the
following information: name and email. 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.


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:

Laurence Edwards
laurence.j.edwards@nasa.gov

