For Approval: NASA Open Source Agreement Version 1.1

Thu Feb 12 19:28:03 UTC 2004

This Email was prepared in satisfaction of OSI Certification Process Step 
4. for OSI certification of the NASA Open Source Agreement Version 1.1 (NOSA).

4.a.  Tell us which existing OSI-approved license is most similar to your 
license. Explain why that license will not suffice for your needs. If your 
proposed license is derived from a license we have already approved, 
describe exactly what you have changed. This document is not part of the 
license; it is solely to help the license-discuss understand and review 
your license.

         The OSI-approved license most similar to NOSA is the IBM Public 
License.  Elements of the Mozilla Public License and the GNU General Public 
License were incorporated as well.  None of these agreements suffice on its 
own or combined together for purposes of NASA for the following reasons:

         i.  NASA legal counsel requires that all NASA releases of software 
include indemnification of the U.S. Government from any third party 
liability arising from use or distribution of the software.  See 4.B.

         ii.  Federal Statute mandates that the U.S. Government can only be 
held subject to United States federal law.  See 5.C.

         iii.  NASA policy requires an effort to accurately track usage of 
released software for documentation and benefits realized?purposes.  See 3.F.

         iv. Federeal Statutes and NASA regulations requires a prohibition 
in NASA contracts against representations by others that may be deemed to 
be an endorsement by NASA.  See 3.E.

         v.  Because it is important that each of the aforementioned 
clauses be a part of each open source agreement relating to NASA released 
software, the proposed agreement must mandate that distribution and 
redistribution of the software be done under the aegis of NOSA (mandatory 
domination similar to GPL).  See 3.A.

4.b.  Explain how software distributed under your license can be used in 
conjunction with software distributed under other open source licenses. 
Which license do you think will take precedence for derivative or combined 
works? Is there any software license that is entirely incompatible with 
your proposed license?

         The intent is for NOSA is to be the controlling agreement for all 
distribution and redistribution of software originated by NASA, including 
derivative works.  If NOSA-governed software is combined with other 
separate software, which operate under their own license agreements, then 
NOSA need only govern the NASA-originated program(s).  In the case where 
NASA accepts software already governed by the GPL, or any other open source 
license requiring domination by that license, NASA will normally not 
redistribute that software, since necessary clauses are not found in the GPL.

4.c.  Include the plain text version of your license at the end of the 
email, either as an insertion or as an attachment.

         Attachment provided below.

Furthermore, pursuant to OSI Certification Process Step 2., the following 
web site contains a formatted version of NOSA:

>http://www.nas.nasa.gov/Research/Software/Open-Source/NASA_Open_Source_Agreement_1.1.txt 
>
>http://www.nas.nasa.gov/Research/Software/Open-Source/NASA_Open_Source_Agreement_1.1.doc

Thank you for your consideration.  Please address any questions or comments 
to me via this Email address or at 301-286-7886.

Bryan A. Geurts
Patent Attorney
NASA Goddard Space Flight Center
Code 503.0
8800 Greenbelt Road
Greenbelt, MD 20771
(301) 286-7886
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NASA OPEN SOURCE AGREEMENT VERSION 1.1

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 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
("NASA").  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.

NASA Original Software Designation: _____________________________________
NASA Original Software Title: ___________________________________________
User Registration requested, please visit http://www.____________________
NASA Point of Contact for Original Software: ____________________________

1. DEFINITIONS

A. "Contributor" means NASA, 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 NASA with NASA designation ______________ and
entitled _____________________________________________, 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 an 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:

[NASA will insert the applicable copyright notice in each agreement
accompanying the initial distribution of original software.]

[If created by a contractor pursuant to NASA contract and rights
obtained from creator by assignment] Copyright ? {YEAR} United States
Government as represented by the Administrator of the National
Aeronautics and Space Administration.  All Rights Reserved.

[If created by civil servants only] Copyright ? {YEAR} United States
Government as represented by the Administrator of the National
Aeronautics and Space Administration.  No copyright is claimed in the
United States under Title 17, U.S.Code. All Other 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 NASA. 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 NASA 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 NASA'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 NASA by visiting the following
website: ______________________________.  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 NASA at the web site provided above how to access the
Modification.

[Alternative paragraph for use when a web site for release and
monitoring of subject software will not be supported by releasing
project or Center] 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 NASA, by e-mail to the NASA
Point of Contact listed in clause 5.F., the following information:
______________________________.  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 NASA, by e-mail to the NASA 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 NASA 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 NASA 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 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.  NASA 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 NASA OR ANY PRIOR RECIPIENT OF ANY
RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER
APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.  FURTHER,
NASA 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 AND SHALL INDEMNIFY AND
HOLD HARMLESS THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT FOR ANY LIABILITIES,
DEMANDS, DAMAGES, EXPENSES OR LOSSES THAT MAY ARISE FROM RECIPIENT'S
USE OF THE SUBJECT SOFTWARE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED
ON, OR RESULTING FROM, THE USE THEREOF.  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 NASA is to be directed
to the designated representative as follows:  ________________________.