247 lines
13 KiB
Plaintext
247 lines
13 KiB
Plaintext
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ASA OPEN SOURCE AGREEMENT VERSION 1.3
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THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE,
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REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER
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SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY
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THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY"). THE UNITED
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STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT AGENCY, IS AN INTENDED THIRD-
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PARTY BENEFICIARY OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE
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SUBJECT SOFTWARE. ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES OR
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REDISTRIBUTES THE SUBJECT SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS,
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BY THAT ACTION, ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS
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CONTAINED IN THIS AGREEMENT.
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Government Agency: _____ Government Agency Original Software Designation: __
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Government Agency Original Software Title: _____ User Registration Requested.
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Please Visit http://___ Government Agency Point of Contact for Original
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Software: _____
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DEFINITIONS
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A. "Contributor" means Government Agency, as the developer of the
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Original Software, and any entity that makes a Modification. B. "Covered
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Patents" mean patent claims licensable by a Contributor that are
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necessarily infringed by the use or sale of its Modification alone or when
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combined with the Subject Software. C. "Display" means the showing of
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a copy of the Subject Software, either directly or by means of an image, or any
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other device. D. "Distribution" means conveyance or transfer of the
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Subject Software, regardless of means, to another. E. "Larger Work"
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means computer software that combines Subject Software, or portions thereof,
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with software separate from the Subject Software that is not governed by the
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terms of this Agreement. F. "Modification" means any alteration of,
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including addition to or deletion from, the substance or structure of either
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the Original Software or Subject Software, and includes derivative works, as
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that term is defined in the Copyright Statute, 17 USC 101. However, the act of
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including Subject Software as part of a Larger Work does not in and of itself
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constitute a Modification. G. "Original Software" means the computer
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software first released under this Agreement by Government Agency with
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Government Agency designation __ and entitled _________, including source code,
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object code and accompanying documentation, if any. H. "Recipient"
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means anyone who acquires the Subject Software under this Agreement, including
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all Contributors. I. "Redistribution" means Distribution of the
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Subject Software after a Modification has been made. J.
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"Reproduction" means the making of a counterpart, image or copy of
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the Subject Software. K. "Sale" means the exchange of the Subject
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Software for money or equivalent value. L. "Subject Software" means
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the Original Software, Modifications, or any respective parts thereof. M.
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"Use" means the application or employment of the Subject Software for
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any purpose.
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GRANT OF RIGHTS
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A. Under Non-Patent Rights: Subject to the terms and conditions of this
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Agreement, each Contributor, with respect to its own contribution to the
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Subject Software, hereby grants to each Recipient a non-exclusive, world-wide,
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royalty-free license to engage in the following activities pertaining to the
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Subject Software:
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Use
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Distribution
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Reproduction
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Modification
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Redistribution
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Display
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B. Under Patent Rights: Subject to the terms and conditions of this Agreement,
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each Contributor, with respect to its own contribution to the Subject Software,
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hereby grants to each Recipient under Covered Patents a non-exclusive, world-
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wide, royalty-free license to engage in the following activities pertaining to
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the Subject Software:
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Use
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Distribution
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Reproduction
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Sale
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Offer for Sale
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C. The rights granted under Paragraph B. also apply to the combination of a
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Contributor's Modification and the Subject Software if, at the time the
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Modification is added by the Contributor, the addition of such Modification
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causes the combination to be covered by the Covered Patents. It does not apply
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to any other combinations that include a Modification.
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D. The rights granted in Paragraphs A. and B. allow the Recipient to sublicense
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those same rights. Such sublicense must be under the same terms and conditions
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of this Agreement.
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OBLIGATIONS OF RECIPIENT
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A. Distribution or Redistribution of the Subject Software must be made under
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this Agreement except for additions covered under paragraph 3H.
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Whenever a Recipient distributes or redistributes the Subject Software, a copy
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of this Agreement must be included with each copy of the Subject Software; and
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If Recipient distributes or redistributes the Subject Software in any form
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other than source code, Recipient must also make the source code freely
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available, and must provide with each copy of the Subject Software information
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on how to obtain the source code in a reasonable manner on or through a medium
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customarily used for software exchange.
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B. Each Recipient must ensure that the following copyright notice appears
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prominently in the Subject Software:
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[Government Agency will insert the applicable copyright notice in each
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agreement accompanying the initial distribution of original software and remove
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this bracketed language.]
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[The following copyright notice will be used if created by a contractor
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pursuant to Government Agency contract and rights obtained from creator by
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assignment. Government Agency will insert the year and its Agency designation
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and remove the bracketed language.] Copyright <20> {YEAR} United States Government
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as represented by ___ ____. All Rights Reserved.
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[The following copyright notice will be used if created by civil servants only.
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Government Agency will insert the year and its Agency designation and remove
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the bracketed language.] Copyright <20> {YEAR} United States Government as
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represented by ____ ____. No copyright is claimed in the United States under
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Title 17, U.S.Code. All Other Rights Reserved.
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C. Each Contributor must characterize its alteration of the Subject Software as
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a Modification and must identify itself as the originator of its Modification
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in a manner that reasonably allows subsequent Recipients to identify the
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originator of the Modification. In fulfillment of these requirements,
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Contributor must include a file (e.g., a change log file) that describes the
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alterations made and the date of the alterations, identifies Contributor as
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originator of the alterations, and consents to characterization of the
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alterations as a Modification, for example, by including a statement that the
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Modification is derived, directly or indirectly, from Original Software
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provided by Government Agency. Once consent is granted, it may not thereafter
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be revoked.
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D. A Contributor may add its own copyright notice to the Subject Software. Once
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a copyright notice has been added to the Subject Software, a Recipient may not
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remove it without the express permission of the Contributor who added the
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notice.
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E. A Recipient may not make any representation in the Subject Software or in
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any promotional, advertising or other material that may be construed as an
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endorsement by Government Agency or by any prior Recipient of any product or
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service provided by Recipient, or that may seek to obtain commercial advantage
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by the fact of Government Agency's or a prior Recipient's participation in this
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Agreement.
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F. In an effort to track usage and maintain accurate records of the Subject
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Software, each Recipient, upon receipt of the Subject Software, is requested to
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register with Government Agency by visiting the following website: ______.
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Recipient's name and personal information shall be used for statistical
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purposes only. Once a Recipient makes a Modification available, it is requested
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that the Recipient inform Government Agency at the web site provided above how
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to access the Modification.
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[Alternative paragraph for use when a web site for release and monitoring of
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subject software will not be supported by releasing Government Agency] In an
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effort to track usage and maintain accurate records of the Subject Software,
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each Recipient, upon receipt of the Subject Software, is requested to provide
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Government Agency, by e-mail to the Government Agency Point of Contact listed
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in clause 5.F., the following information: ______. Recipient's name and
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personal information shall be used for statistical purposes only. Once a
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Recipient makes a Modification available, it is requested that the Recipient
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inform Government Agency, by e-mail to the Government Agency Point of Contact
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listed in clause 5.F., how to access the Modification.
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G. Each Contributor represents that that its Modification is believed to be
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Contributor's original creation and does not violate any existing agreements,
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regulations, statutes or rules, and further that Contributor has sufficient
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rights to grant the rights conveyed by this Agreement.
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H. A Recipient may choose to offer, and to charge a fee for, warranty, support,
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indemnity and/or liability obligations to one or more other Recipients of the
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Subject Software. A Recipient may do so, however, only on its own behalf and
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not on behalf of Government Agency or any other Recipient. Such a Recipient
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must make it absolutely clear that any such warranty, support, indemnity and/or
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liability obligation is offered by that Recipient alone. Further, such
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Recipient agrees to indemnify Government Agency and every other Recipient for
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any liability incurred by them as a result of warranty, support, indemnity and/
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or liability offered by such Recipient.
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I. A Recipient may create a Larger Work by combining Subject Software with
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separate software not governed by the terms of this agreement and distribute
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the Larger Work as a single product. In such case, the Recipient must make sure
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Subject Software, or portions thereof, included in the Larger Work is subject
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to this Agreement.
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J. Notwithstanding any provisions contained herein, Recipient is hereby put on
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notice that export of any goods or technical data from the United States may
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require some form of export license from the U.S. Government. Failure to obtain
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necessary export licenses may result in criminal liability under U.S. laws.
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Government Agency neither represents that a license shall not be required nor
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that, if required, it shall be issued. Nothing granted herein provides any such
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export license.
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DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
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A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
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WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT
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NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL CONFORM TO
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SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT
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SOFTWARE WILL BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED,
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WILL CONFORM TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
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CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT OF ANY
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RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER
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APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT
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AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE,
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IF PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES IT "AS IS."
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B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST
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THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS
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ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS IN ANY
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LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING FROM SUCH USE,
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INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S
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USE OF THE SUBJECT SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE
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UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
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PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE REMEDY FOR
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ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS
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AGREEMENT.
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GENERAL TERMS
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A. Termination: This Agreement and the rights granted hereunder will terminate
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automatically if a Recipient fails to comply with these terms and conditions,
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and fails to cure such noncompliance within thirty (30) days of becoming aware
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of such noncompliance. Upon termination, a Recipient agrees to immediately
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cease use and distribution of the Subject Software. All sublicenses to the
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Subject Software properly granted by the breaching Recipient shall survive any
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such termination of this Agreement.
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B. Severability: If any provision of this Agreement is invalid or unenforceable
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under applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this Agreement.
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C. Applicable Law: This Agreement shall be subject to United States federal law
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only for all purposes, including, but not limited to, determining the validity
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of this Agreement, the meaning of its provisions and the rights, obligations
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and remedies of the parties.
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D. Entire Understanding: This Agreement constitutes the entire understanding
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and agreement of the parties relating to release of the Subject Software and
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may not be superseded, modified or amended except by further written agreement
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duly executed by the parties.
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E. Binding Authority: By accepting and using the Subject Software under this
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Agreement, a Recipient affirms its authority to bind the Recipient to all terms
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and conditions of this Agreement and that that Recipient hereby agrees to all
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terms and conditions herein.
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F. Point of Contact: Any Recipient contact with Government Agency is to be
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directed to the designated representative as follows: ___________.
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