
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: ___________.






