NASA OPEN SOURCE SOFTWARE AGREEMENT 

 

 

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: National Aeronautics and Space Administration 

Government Agency Original Software Designation: GSC-16824-1 

Government Agency Original Software Title: Evolutionary Mission Trajectory Generator 
(EMTG), Version 8.0 

User Registration Requested. Please visit: http://opensource.gsfc.nasa.gov 

Government Agency Point of Contact for Original Software: Enidia Santiago-Arce, SRA 
Assistant, (301) 286-8497 

 

 


 

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 GSC-16852-1 and entitled EEPROM 
File System, Version 1.0, 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 © 2012 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 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: http://opensource.gsfc.nasa.gov. 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. 

 

G. Each Contributor represents 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: Enidia Santiago-Arce, SRA Assistant, (301) 286-8497