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+
+ASA 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: _____ Government Agency Original Software Designation: __
+Government Agency Original Software Title: _____ User Registration Requested.
+Please Visit http://___ Government Agency Point of Contact for Original
+Software: _____
+
+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 __ 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 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.
+
+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:
+
+Use
+Distribution
+Reproduction
+Modification
+Redistribution
+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:
+
+Use
+Distribution
+Reproduction
+Sale
+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.
+
+OBLIGATIONS OF RECIPIENT
+A. Distribution or Redistribution of the Subject Software must be made under
+this Agreement except for additions covered under paragraph 3H.
+
+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
+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:
+
+[Government Agency will insert the applicable copyright notice in each
+agreement accompanying the initial distribution of original software and remove
+this bracketed language.]
+
+[The following copyright notice will be used if created by a contractor
+pursuant to Government Agency contract and rights obtained from creator by
+assignment. Government Agency will insert the year and its Agency designation
+and remove the bracketed language.] Copyright � {YEAR} United States Government
+as represented by ___ ____. All Rights Reserved.
+
+[The following copyright notice will be used if created by civil servants only.
+Government Agency will insert the year and its Agency designation and remove
+the bracketed language.] Copyright � {YEAR} United States Government as
+represented by ____ ____. 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 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: ______.
+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.
+
+[Alternative paragraph for use when a web site for release and monitoring of
+subject software will not be supported by releasing Government Agency] 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: ______. 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.
+
+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.
+
+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: ___________.
+
+
+
+
+
+