<div dir="ltr"><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"></span>Here is my second pass at marking up the NASA license 2.0 . It's only different from the first in a few comments.<br><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"></span><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"></span><br><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"></span><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>NASA OPEN SOURCE AGREEMENT VERSION 2.0</i><br><br><i>This
open source agreement (“Agreement”) defines the rights of use,
reproduction, modification and redistribution of certain software</i><br><i>released
by the United States Government (“Government”) as represented by the
Government Agency listed below (“Government Agency”).</i><br></div><i><br></i></span></div>Although I would not actually <i>recommend </i>that any entity other than the United States Government make use of this license, it doesn't make sense to have a license that<i> requires </i>that
the project be originated by only one legal entity, the United States
Government. Should OSI then accept licenses that require the project to
be originated by Canada and 210 other nations, and by IBM and a large
number of other corporations? It wouldn't make sense for OSI or the
developer community. I think you can make this text work for the
government or another contributor without losing any of the legal
protection you wish to have.<span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><br><br><i></i><div><div style="margin-left:40px"><i>The
United States Government, as represented by Government Agency, is an
intended third-party beneficiary of all subsequent redistributions of
the Subject Software.</i><br></div><i><br></i></div></span><div>Please
explain what "intended third-party beneficiary" means in this context.
Why is it necessary for the U.S. Government to be this beneficiary,
rather than all of the contributors?<br></div><div><i></i></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><i><br></i><div style="margin-left:40px"><i>Anyone
who uses, reproduces, 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. </i><br></div><i><br></i><div style="margin-left:40px"><i>Government Agency: ______________________________<wbr>________________________ </i><br><i>Government Agency Original Software Designation: _____________________________</i><br><i>Government Agency Original Software Title & Ver. No. : _________________________</i><br><i>Government Agency Point of Contact: ______________________________<wbr>__________</i><br><i>User Registration Requested. Please Visit http://_______________________<wbr>_________<br><br></i></div></span>How about:<br></div><div>Government Agency or Other Entity:<br></div><div>Original Software Designation:<br></div><div>Original Software Title and Version Number:<br></div><div>Point of Contact:<br></div><div>User Registration Requested. Please Visit https://<br></div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><i><br></i><div style="margin-left:40px"><i>1. DEFINITIONS</i><br><i>A.
“Contributor” means Government Agency and any other person or entity
that creates or contributes to the creation of Subject Software.<br></i></div><br></div></span><div>Shouldn't "and" be "or" here? Otherwise, it rules out any contribution without participation of a Government Agency.<br><br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>B.
“Contribution” means any Work, including Your own Works and Works of
other Contributors, that are Derivative Works of the Subject Software
and that are intentionally submitted by You or other Contributors to
Government Agency for inclusion in, or documentation of, the Subject
Software.<br><br></i></div></span>This is connected with your re-definition of Derivative Works later in the document. But when you define Subject Software, you define it in part as "Derivative Works and Contributions", where here you define that a Contribution <i>is </i>a derivative work. See criticism later in the document regarding re-defining "Derivative Works" when it exists in law and case law.<br><br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>C.
“Covered Patents” means any patent claims licensable by a Contributor
that are necessarily infringed by the manufacture, import, use, offer
for sale, or sale of a Contributor’s Derivative Works or Contributions
alone or when combined with the Subject Software.</i><br></div><i><br></i></span>Is this intended to be a strong or a weak patent clause? If it's on the strong side, any modification of the subject software <i>after </i>the contribution that necessarily makes use of the patent claim is covered. If weak, only the patent claim <i>exactly </i>as
exercised in the contribution by the patent holder is covered. Some
corporations that own patent portfolios are loath to join into licenses
with strong patent clauses, but will accept weak ones. I am no fan of
software patents, it's just my duty to inform you.<span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><br><br><i><br></i><div style="margin-left:40px">D.
“Derivative Work” means a Work that is based on (or derived from) the
Subject Software and for which the revisions, annotations, or other
modifications, as a whole, represent an original work of authorship.<br><br></div></span>This is circular: <i>derivative work</i> is <i>derived from. </i>A
derivative work combines two or more original works of authorship. GPL 3
specifically avoids defining anything that legislation or case law
would define for the court. So, it uses "combined work" and
"modifications". You have already defined Contribution and can probably
define a Combined Work of the Initial Work (you call it "Original
Software", but "Initial Work" is less confusing) and Contributions
without contradicting some court on what is or is not derivative.<br><i><br></i></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>Derivative Works shall not include (i) Works that remain separate from, or merely link to, the Subject Software,<br><br></i></div></span>Here you talk about two things: aggregation (just placing two unrelated programs on a storage medium), and linking. And you apply terms to linking that would not apply to textual inclusion of the same software, which has the exact same effect. The problem here is that you need to define separable modules better, using language about APIs, and then you need not talk about linking. Define Aggregation separately. Your language about linking and derivative works, as written, contradicts the appeals court's ruling in <i>Oracle v. Google </i>on whether calls to an API can be derivative, which is why it's better to define a Combined Work than a Derivative Work. The next case may rule differently, but it's a gray area right now<i>. </i>The license text should avoid argument with courts, especially on recent cases.<br></div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><i><br></i></div><div style="margin-left:40px"><i>or
(ii) additions to the Subject Software which are separable modules of
software distributed in conjunction with the Subject Software,<br><br></i></div></span>You
need a better definition of a separable module, or this is going to be
reason for long argument at great expense regarding what is or is not
separable, if this license goes to court. Arguably it's Open Source and
everything is separable since it can be edited into separate units by
using spme finite number of edits. Talk about APIs being the boundary of a separable module.<br><div><div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><i><br></i><div style="margin-left:40px"><i>or parts of the Subject Software, under their own license agreement.<br><br></i></div></span></div><div>I think you mean to talk about Aggregation here. This text is unclear as written and will work better if you define Aggregation.<br><br></div><div><i></i></div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><div style="margin-left:40px"><i>Including Subject Software or parts thereof in a Larger Work is not in and of itself a Derivative Work.</i><br></div><i><br></i></div></span><div>This definition incorporates "Larger Work" before you have defined it.<br></div><div><i></i></div><div><i><br></i></div><div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><div style="margin-left:40px"><i>E.
“Larger Work” means software that combines Subject Software, or
portions thereof, with software that remains separate from, or is merely
linked to, the Subject Software and that is not governed by the terms
of this Agreement.</i><br></div><i><br></i></div></span>So, here we're defining a larger work as <i>either </i>Aggregation
(for example, storage of separate programs on a disk medium) or a
program that is linked (static or dynamic does not matter, apparently).
Thus applying one word to two entirely different things. What you should
do here is define Aggregation, and then make your language on
separability above make it clear that an API is the boundary of a
separable module. This language is also circular several times. Larger
Work is included in the definition of Derivative Works. What is <i>governed by the terms of this agreement</i>
is the Subject Software, which includes the definition of Derivative
Works and Larger Work (for negation). And so on. You can say Subject
Software (or I would prefer Combined Work) instead of relying on whether
the module is governed by the terms of this agreement.<br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><i></i></div><div><i><br></i><div style="margin-left:40px"><i>F.
“Original Software” means the software first released under this
Agreement by Government Agency with the Government Agency designation
and title listed above, including source code, object code and
accompanying documentation, if any.</i><br></div><i><br></i></div></span><div>I
think "Initial Work" is less confusing. Other licenses use that term.
Also, this definition is exclusive to Government and I don't see that
this is necessary simply to define an initial work.<br></div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><i></i></div><div><i><br></i><div style="margin-left:40px"><i>G.
“Subject Software” means the Original Software, Derivative Works, or
Contributions, and any combination or respective parts thereof.</i><br></div><i><br></i></div></span>What
you mean to do here is define a Combined Work. If you did that and used
"Combined Work" rather than "Subject Software" throughout the license
text, people would understand better what you are talking about.<span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><br><br><div style="margin-left:40px"><i>H. “Work” means an original work of authorship fixed in a tangible medium of expression,</i><br></div><i><br></i></span></div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><div style="margin-left:40px"><i>now
known or later developed, from which it can be perceived, reproduced,
or otherwise communicated, either directly or with the aid of a machine
or device, including Derivative Works.</i><br></div></div><div><i><br></i></div></span><div>I would have thought that <i>"Work" means an original work of authorship fixed in a tangible medium of expression" </i>was
sufficient, and that you would not have to go on to attempt to define
fixation for yourself, including mentioning that some media might not
yet exist but that this license would still apply to them, as if someone
could create a new storage medium that copyright did not apply to.<br></div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div><br><div style="margin-left:40px"><i>A
work is original if it is independently created by You, as opposed to
copied from other works, and it possesses at least some minimal degree
of creativity. </i><br></div><i><br></i></div></span><div>This is only
necessary because you're trying to define derivative works separately
from existing legislation and case law. If you use "Combined Work" you
don't have to argue about originality, and you can separately define
what is separable and be done with it.<br></div><div><i></i></div><div><div style="margin-left:40px"><br></div></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><i></i><div><div style="margin-left:40px"><i>I.
“You” or “Your” means an individual or a legal entity exercising rights
under, and complying with all the terms of, this Agreement. For legal
entities, “You” or “Your” includes an entity and any other entity that
controls, is controlled by, or is under common control with such entity.
For the purposes of this definition, “control” means (i) the power,
direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (ii) ownership of fifty percent
(50%) or more of the outstanding shares, or (iii) beneficial ownership
of such entity.</i><br></div><i><br></i><div style="margin-left:40px"><i>2.
GRANT OF RIGHTS YOU RECEIVE (FROM UPSTREAM CONTRIBUTORS) ALONG WITH
YOUR GRANT OF RIGHTS AND OBLIGATIONS IF YOU MAKE DERIVATIVE WORKS OF OR
REDISTRIBUTE THE SUBJECT SOFTWARE (TO DOWNSTREAM RECIPIENTS)</i><br><i>A.
Subject to, and, so long as You comply with, the terms and conditions
of this Agreement, the Government hereby grants permission to You to use
civil servant authored U.S. Government Work (17 U.S.C. § 105) portions
of the Subject Software, if any, in the United States.</i><br></div><i><br></i></div></span><div>17 USC <i>
§ </i>105 says this: <br><br><div style="margin-left:40px"><i>Copyright protection under this title is not available for any <a class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-m_-2106770567578677215gmail-colorbox-load m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-m_-2106770567578677215gmail-definedterm m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-m_-2106770567578677215gmail-init-colorbox-load-processed m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-m_-2106770567578677215gmail-cboxElement" href="https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=17-USC-590005605-364936160&term_occur=2&term_src=title:17:chapter:1:section:105" title="work of the United States Government" target="_blank">work of the United States Government</a>,
but the United States Government is not precluded from receiving and
holding copyrights transferred to it by assignment, bequest, or
otherwise.
</i><br></div><br></div><div>This particular section of copyright law <i>does not</i> establish that NASA has any right to <i>deny </i>permission
to use civil servant authored U.S. Government Work that is not
classified. If you want to give that permission, please show us what law
establishes that right for the U.S. Government.<br></div><div><br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>B.
Under Non Patent Rights/Copyright License: Subject to, and, so long as
You comply with, the terms and conditions of this Agreement, each
Contributor hereby grants to You (with respect to the Subject Software
and its Contributions to or Derivative Works of the Subject Software)
and You hereby grant to each recipient (with respect to Your
Contributions to and Derivative Works of the Subject Software, as
defined in Paragraphs 1.B and 1.C) a non-exclusive, worldwide,
royalty-free, irrevocable (except as stated in Paragraphs 3.J and 5.A)
license to use, reproduce, modify, redistribute, prepare Derivative
Works of, publicly display, publicly perform, and sublicense the Subject
Software.<br><br></i><i>C. Under Patent Rights: Subject to, and, so
long as You comply with, the terms and conditions of this Agreement,
each Contributor hereby grants to You (with respect to the Subject
Software and its Contributions to or Derivative Works of the Subject
Software) and You grant to each recipient (with respect to Your
Contributions to and Derivative Works of the Subject Software, as
defined in Paragraphs 1.B and 1.C) a non-exclusive, worldwide,
royalty-free, irrevocable (except as stated in Paragraphs 3.J and 5.A)
license with respect to its Covered Patents to make, have made, use,
redistribute, reproduce, sell, offer to sell, import, sublicense and
otherwise transfer the Subject Software.<br><br></i></div></span>This is the strong patent clause. See Larry's comments at <a href="https://www.rosenlaw.com/lj9.htm" target="_blank">https://www.rosenlaw.com/lj9.h<wbr>tm</a><br><br></div><div style="margin-left:40px"><i>Irrevocable except</i>
is awkward. If someone sues, just terminate their license. State here
that the patent grant terminates if the license terminates.<br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><i><br></i><div style="margin-left:40px"><i>3. ADDITIONAL OBLIGATIONS IF YOU MAKE DERIVATIVE WORKS OF OR REDISTRIBUTE THE SUBJECT SOFTWARE</i><br><i>A. Contributions.</i><br><i>1.
Submission. Unless You explicitly state otherwise, any Contribution
intentionally submitted for inclusion in Subject Software by You to the
Government Agency shall be governed by the terms and conditions of this
Agreement, without any additional terms or conditions. Notwithstanding
the above, nothing herein shall supersede or modify the terms of any
separate agreement you may have executed with the U.S. Government
regarding such Contributions.<br><br></i></div></span>Please explain
what happens to the global Open Source community other than the U.S.
Government when a the contributor has a separate agreement with the
Government. What license applies to everyone else? That must be clear in the text.<br><br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>2.
Representation. You represent that each of Your Contributions is Your
own Work or is the Work of another Contributor that You are authorized
to submit.<br><br></i></div></span>By "authorized to submit", are you
saying that I can contribute a work by someone else that is under a
compatible Open Source license? Because that would solve one fundamental
objection to the license. Or do you simply mean that I can contribute
my employer's work if they've explicitly authorized me to do so (in
which case they should really be the ones entering into the license,
because they own the patent rights, and we want to make sure those come
under the license).<br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i><br>You
represent that Your submission(s) of Contributions that are the Work of
another Contributor, that You are authorized to submit, include
complete details of any agreements, licenses, or other restriction
(including, but not limited to, related copyright, patents and
trademarks) of which You are aware that will impose additional terms and
conditions on the Subject Software. </i><br></div><i><br></i><div style="margin-left:40px"><i>B.
Redistribution. You may redistribute the Subject Software, with or
without Your Derivative Works or Contributions, provided that You meet
the following conditions: </i><br><i> 1. Whenever You redistribute
the Subject Software, You must include a copy of this Agreement with
each copy of the Subject Software; and</i><br><i> 2. You may
redistribute Your Derivative Works or Your Contributions under this
Agreement or under a license that includes additional or different terms
provided it otherwise complies with the terms and conditions provided
in this Agreement; and</i><br><i> 3. If You redistribute the Subject
Software in any form other than source code, You 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; and<br><br></i></div><div style="margin-left:40px"><i>4. If You choose to offer services under Paragraph 3.G, such services must be covered under a separate agreement.<br><br></i></div></span>This is advisory<i>, </i>because this agreement does not offer services.<br><i><br></i></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>C. You must ensure that the following copyright notice appears prominently in the Subject Software:</i><br><i>[GOVERNMENT
AGENCY WILL INSERT THE APPLICABLE COPYRIGHT NOTICE ALONG WITH ANY OTHER
REQUIRED NOTICES IN EACH AGREEMENT ACCOMPANYING THE INITIAL
DISTRIBUTION OF ORIGINAL SOFTWARE AND REMOVE THIS BRACKETED LANGUAGE.]</i><br><i>[The
following copyright notice may be used if created in whole or in part
by a non-federal entity and rights obtained from author/copyright holder
by assignment. Government Agency will insert the year and its Agency
designation and remove the bracketed language.] </i><br><i> Copyright {YEAR} United States Government as represented by ______________________________<wbr>_. All Rights Reserved.</i><br><i>[The
following copyright notice may be used if created by civil servants
only. Government Agency will insert the year and its Agency designation
and remove the bracketed language.] </i><br><i> Copyright {YEAR} United States Government as represented by ______________________________<wbr>____________. No copyright is claimed in the United States under Title 17, U.S. Code. All Other Rights Reserved.</i><br></div><i><br></i></span>Can
you please come up with one statement that works for everyone?
Otherwise, we have the issue of "Invariant Sections" which could include
arbitrary rants, advertising, etc. And it makes it difficult to use the
license because developers don't know which block to use where. How
about:<br><br></div><div style="margin-left:40px">Copyright (C) {YEAR}.
Where work is the product of a civil servant employed by the U.S.
Government, The U.S. Government does not claim copyright. Where work is
created by a non-federal entity or assigned to the U.S. Government by a
non-federal entity, copyright is claimed and all rights are reserved
except as granted by the NASA Open Source License version 2.0 . <br><br></div>Go ahead and rewrite that, but make it one text only, please.<br></div><div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><br><div style="margin-left:40px"><i>D.
You must include in any of Your Derivative Works or Contributions a
notice that describes the alterations made and the date of the
alterations, identifies You as Contributor of the Derivative Work or
Contribution, and includes a statement that the Derivative Work or
Contribution is derived, directly or indirectly, from Original Software
provided by Government Agency. </i><br></div><i><br></i></span>I notice that some licenses require this, and in general developers <i>do not comply</i> and write in the dates and description of the alterations. But they <i>do</i> use revision control systems like <i>git </i>which
provide this information, so it's not terribly useful to ask for it to
be entered manually in the license. It's enough for ask them to get the
attribution and the copyright statements right. You need to help them as
much as possible just to get them to do that, they don't have
intellectual property training. Thus the single text block I ask for
above.<span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><br><br><div style="margin-left:40px"><i>E. Once a
copyright notice has been added to the Subject Software, You may not
remove it without the express permission of the Contributor who added
the notice. You may add Your own copyright notice to the Subject
Software. </i><br></div><i><br></i></span></div><div>So, I can't correct
the attribution and copyright notice when they're wrong? Change this to
"you must maintain correct attribution and copyright notices, and you
may add your own".<br></div><div><i></i></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><br></div><div style="margin-left:40px"><i>F.
You 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 other Contributor or
recipient of any product or service provided by You, or that may seek to
obtain commercial advantage of Government Agency's or any other
recipient’s participation in this Agreement.</i><br></div><i><br></i><div style="margin-left:40px"><i>G.
You may choose to offer, and to charge a fee for, warranty, indemnity
and/or liability obligations to one or more other recipients of the
Subject Software. You may do so, however, only on Your own behalf and
not on behalf of Government Agency or any other Contributor. You must
make it absolutely clear that any such warranty, indemnity and/or
liability obligation is offered by You alone. Further, You agree to
indemnify Government Agency and every other Contributor for any
liability incurred by them as a result of warranty, indemnity and/or
liability offered by You.</i><br></div><i><br></i><div style="margin-left:40px"><i>H.
You may create a Larger Work by combining Subject Software with
separate software not governed by the terms and conditions of this
Agreement and redistribute the Larger Work as a single product. In such
case, You must make sure Subject Software, or portions thereof, included
in the Larger Work is licensed under this Agreement or a license that
complies with the terms and conditions provided in this Agreement.</i><br></div><div style="margin-left:40px"><br></div><div style="margin-left:40px"><i>I.
Notwithstanding any provisions contained herein, You are hereby put on
notice that export of any goods or technical data containing all or part
of the Subject Software from the United States may require some form of
export license from the U.S. Government. Government Agency makes no
representation as to whether an export license is required nor that, if
required, it will be issued. Nothing granted herein provides any such
export license.<br><br></i></div></span>This is much more likely for
physical goods. Without going into a longer explanation, technical data
that is Open Source is in general "public domain" under ITAR 120.11 and
"published" under EAR 734.7 (with the caveat that cryptography software
must have available source and a notification must be made under EAR
742.15). It might be more acceptable to advise them to specifically
check ITAR and EAR in the U.S. and then phrase this as that there is no <i>guarantee </i>that export won't require a government license or that one will be issued, wherever you are, not just the U.S.<span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><br><div style="margin-left:40px"><br></div><div style="margin-left:40px"><i>J.
If any recipient institutes patent or copyright litigation against
Government Agency or any other recipient (including a cross-claim or
counterclaim in a lawsuit) alleging that the Subject Software, part of
the Subject Software, or a Contribution incorporated within the Subject
Software constitutes direct or indirect patent infringement or copyright
infringement, then any patent and copyright licenses granted to the
litigating recipient under this Agreement for the Subject Software shall
terminate as of the date such litigation is filed.<br></i></div><div style="margin-left:80px"><div style="margin-left:40px"><br></div></div></span></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><div style="margin-left:40px"><i>K.
[This paragraph may be included or deleted at the option of the
Government Agency releasing the Original Software.] In an effort to
track usage and maintain accurate records of the Subject Software, You,
upon receipt of the Subject Software, are requested to register with
Government Agency by visiting the website provided above (if any) or by
e-mail to the Point of Contact listed above. Your name and personal
information shall not be disclosed outside of the Government and its
contractors. Once You make a Derivative Work or Contribution available,
it is requested that You inform Government Agency, through the website
or Point of Contact provided above, how to access the Derivative Work or
Contribution.<br><br></i></div></span>Please make the paragraph
permanent, and make the request conditional on whether the licensor
filled in the URL at the top of the license text.<br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><i><br></i><div style="margin-left:40px"><i>4. DISCLAIMER OF WARRANTIES, NON-ENDORSEMENT AND LIMITATION OF LIABILITIES</i><br><i>A.
Disclaimer of Warranty: GOVERNMENT AGENCY PROVIDES THE SUBJECT
SOFTWARE (AND EACH CONTRIBUTOR PROVIDES ITS DERIVATIVE WORK OR
CONTRIBUTION) “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. FURTHER, GOVERNMENT AGENCY
DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE,
IF PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES IT “AS IS.”<br><br></i></div><div style="margin-left:40px"><i>B.
Non-Endorsement: THIS AGREEMENT DOES NOT, IN ANY MANNER, CONSTITUTE AN
ENDORSEMENT BY GOVERNMENT AGENCY OR ANY OTHER CONTRIBUTOR OF ANY
RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER
APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. <br><br></i></div><div style="margin-left:40px"><i>C.
Limitation of Liability: YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST
THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS
WELL AS ANY OTHER CONTRIBUTOR, ARISING FROM OR RELATED TO USE OR
REDISTRIBUTION OF THE SUBJECT SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR
DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE SUBJECT
SOFTWARE AND ASSUME ANY RISK ASSOCIATED WITH YOUR EXERCISE OF RIGHTS
GRANTED UNDER THIS AGREEMENT.<br><br></i></div></span>There are some
cases in which requiring that the licensee waive all claims might not be
lawful. For example, if U.S. Government infringes someone else's
copyright in the Initial Work. Many licenses limit this with "<i>TO THE EXTENT ALLOWED BY LAW,</i> YOU AGREE..."<br></div><div><span class="m_2112668811960781764m_-444427965311825170m_-2016351929086013628gmail-im"><i><br></i><div style="margin-left:40px"><i>5. GENERAL TERMS</i><br><i>A.
Termination: This Agreement and the rights granted hereunder will
terminate automatically if You fail to comply with these terms and
conditions and fail to cure such noncompliance within thirty (30) days
of such noncompliance. Upon termination, You agree to immediately cease
use and redistribution of the Subject Software. All sublicenses to the
Subject Software properly granted by You shall survive any such
termination of this Agreement.</i><br><i>B. Applicable Law: This
Agreement shall be subject to United States Federal law 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.</i><br><i>NOSA Ver 2 final draft clean 2013Mar26<br><br></i></div></span>Sorry this is so much. Thanks for asking.<br><br></div><div> Thanks</div></div></div></div></div>
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