Copyright: Copyright © 2017 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.
Copyright: 2020 Ole Streicher
You may obtain a copy of the License at
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-18159-1
Government Agency Original Software Title: Fortran Argument Parser
User Registration Requested. Please Visit http://opensource.gsfc.nasa.gov
Government Agency Point of Contact for Original Software:
Dennis Small, SRA Assistant, (301) 286-7960
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-18159-1 and entitled Fortran Argument Parser,
including source code, object code and accompanying documentation, if
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
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:
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:
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
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 © 2018 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
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 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
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:
Dennis Small, SRA Assistant, (301) 286-7960.