mirror of https://github.com/pkolano/basshfs.git
273 lines
15 KiB
Plaintext
273 lines
15 KiB
Plaintext
NASA OPEN SOURCE AGREEMENT VERSION 1.3
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THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF
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USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND
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REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE ORIGINALLY
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RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY
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THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY").
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THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
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AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL
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SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT
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SOFTWARE. ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES
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OR REDISTRIBUTES THE SUBJECT SOFTWARE, AS DEFINED HEREIN, OR
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ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING IN FULL THE
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RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
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Government Agency: NASA Ames Research Center
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Government Agency Original Software Designation: NASA Ames Research Center
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Government Agency Original Software Title: BASSHFS: Bash-Accessible SSH File System
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User Registration Requested. Please e-mail Government Agency Point of Contact
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Government Agency Point of Contact for Original Software: Paul Kolano
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1. DEFINITIONS
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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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B. "Covered Patents" mean patent claims licensable by a Contributor that
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are necessarily infringed by the use or sale of its Modification alone or
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when combined with the Subject Software.
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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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D. "Distribution" means conveyance or transfer of the Subject Software,
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regardless of means, to another.
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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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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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G. "Original Software" means the computer software first released under
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this Agreement by Government Agency with Government Agency
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designation NASA Ames Research Center and entitled
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BASSHFS: Bash-Accessible SSH File System, including source code,
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object code and accompanying documentation, if any.
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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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I. "Redistribution" means Distribution of the Subject Software after a
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Modification has been made.
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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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K. "Sale" means the exchange of the Subject Software for money or
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equivalent value.
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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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M. "Use" means the application or employment of the Subject Software
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for any purpose.
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2. GRANT OF RIGHTS
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A. Under Non-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 a non-exclusive,
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world-wide, royalty-free license to engage in the following activities
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pertaining to the Subject Software:
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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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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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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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C. The rights granted under Paragraph B. also apply to the combination of
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a Contributor's Modification and the Subject Software if, at the time
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the Modification is added by the Contributor, the addition of such
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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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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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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
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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
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copy 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
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code in a reasonable manner on or through a medium
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customarily used for software exchange.
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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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BASSHFS: BashAccessible SSH File System
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Copyright (C) 2019 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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BASSHFS: Bash-Accessible SSH File System contains 3rd party code.
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Copyright notices for 3rd party code below. The license can be found
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at https://dev.perl.org/licenses/artistic.html.
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Perl module Net::SFTP::Foreign
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Copyright (c) 2005-2019 Salvador Fandino (sfandino@yahoo.com).
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Copyright (c) 2001 Benjamin Trott, Copyright (c) 2003 David Rolsky.
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_glob_to_regex method based on code (c) 2002 Richard Clamp.
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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 of
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its Modification in a manner that reasonably allows subsequent
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Recipients to identify the originator of the Modification. In fulfillment
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of these requirements, Contributor must include a file (e.g., a change
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log file) that describes the alterations made and the date of the
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alterations, identifies Contributor as originator of the alterations, and
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consents to characterization of the alterations as a Modification, for
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example, by including a statement that the Modification is derived,
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directly or indirectly, from Original Software provided by Government
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Agency. Once consent is granted, it may not thereafter be revoked.
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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
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permission of the Contributor who added the notice.
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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
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Agency's or a prior Recipient's participation in this Agreement.
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F. In an effort to track usage and maintain accurate records of the Subject
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Software, each Recipient, upon receipt of the Subject Software, is
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requested to provide Government Agency, by e-mail to the
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Government Agency Point of Contact listed in clause 5.F., the
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following information: name and email. Recipient's name and
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personal information shall be used for statistical purposes only. Once a
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Recipient makes a Modification available, it is requested that the
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Recipient inform Government Agency, by e-mail to the Government
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Agency Point of Contact listed in clause 5.F., how to access the
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Modification.
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G. Each Contributor represents that that its Modification is believed to be
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Contributor's original creation and does not violate any existing
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agreements, regulations, statutes or rules, and further that Contributor
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has sufficient rights to grant the rights conveyed by this Agreement.
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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
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any other Recipient. Such a Recipient must make it absolutely clear
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that any such warranty, support, indemnity and/or liability obligation
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is 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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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
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and 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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J. Notwithstanding any provisions contained herein, Recipient is hereby
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put on notice that export of any goods or technical data from the
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United States may require some form of export license from the U.S.
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Government. Failure to obtain necessary export licenses may result in
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criminal liability under U.S. laws. Government Agency neither
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represents that a license shall not be required nor that, if required, it
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shall be issued. Nothing granted herein provides any such export
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license.
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4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND
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INDEMNIFICATION
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A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS"
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WITHOUT ANY WARRANTY OF ANY KIND, EITHER
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EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT
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NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT
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SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
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INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT
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SOFTWARE WILL BE ERROR FREE, OR ANY WARRANTY
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THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
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THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN
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ANY MANNER, CONSTITUTE AN ENDORSEMENT BY
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GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT OF ANY
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RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE
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PRODUCTS OR ANY OTHER APPLICATIONS RESULTING
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FROM USE OF THE SUBJECT SOFTWARE. FURTHER,
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GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND
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LIABILITIES REGARDING THIRD-PARTY SOFTWARE, IF
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PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES
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IT "AS IS."
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B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY
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AND ALL CLAIMS AGAINST THE UNITED STATES
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GOVERNMENT, ITS CONTRACTORS AND
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SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF
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RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS IN
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ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR
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LOSSES ARISING FROM SUCH USE, INCLUDING ANY
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DAMAGES FROM PRODUCTS BASED ON, OR RESULTING
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FROM, RECIPIENT'S USE OF THE SUBJECT SOFTWARE,
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RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE
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UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
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SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT, TO
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THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
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REMEDY FOR ANY SUCH MATTER SHALL BE THE
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IMMEDIATE, UNILATERAL TERMINATION OF THIS
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AGREEMENT.
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5. GENERAL TERMS
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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 terms
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and conditions, and fails to cure such noncompliance within thirty (30)
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days of becoming aware of such noncompliance. Upon termination, a
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Recipient agrees to immediately cease use and distribution of the
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Subject Software. All sublicenses to the Subject Software properly
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granted by the breaching Recipient shall survive any such termination
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of this Agreement.
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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 or
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enforceability of the remainder of the terms of this Agreement.
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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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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
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except by further written agreement duly executed by the parties.
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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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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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Paul Kolano
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Paul.Kolano@nasa.gov
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