fUnit 0.0.2 → 0.0.3

Sign up to get free protection for your applications and to get access to all the features.
@@ -56,7 +56,7 @@
56
56
  </tr>
57
57
  <tr class="top-aligned-row">
58
58
  <td><strong>Last Update:</strong></td>
59
- <td>Sat Apr 08 08:57:06 EDT 2006</td>
59
+ <td>Thu Apr 13 15:26:02 EDT 2006</td>
60
60
  </tr>
61
61
  </table>
62
62
  </div>
@@ -69,465 +69,270 @@
69
69
  <div id="contextContent">
70
70
 
71
71
  <div id="description">
72
- <p>
73
- NASA OPEN SOURCE AGREEMENT VERSION 1.3
74
- </p>
75
- <p>
76
- THIS OPEN SOURCE AGREEMENT (&quot;AGREEMENT&quot;) DEFINES THE RIGHTS OF
77
- USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN
78
- COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS
79
- REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW (&quot;GOVERNMENT
80
- AGENCY&quot;). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
81
- AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT
82
- DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO USES,
83
- REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT SOFTWARE, AS
84
- DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING IN FULL
85
- THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
86
- </p>
87
- <p>
88
- Government Agency: NASA Langley Research Center Government Agency Original
89
- Software Designation: LAR-17081-1 Government Agency Original Software
90
- Title: fUnit User Registration Requested: please see clause 3.F. Government
91
- Agency Point of Contact: funit-support@rubyforge.org
92
- </p>
93
- <ol>
94
- <li>DEFINITIONS
95
-
96
- </li>
97
- </ol>
98
- <ol>
99
- <li type="A">&quot;Contributor&quot; means Government Agency, as the developer of the
100
-
101
- </li>
102
- </ol>
103
- <p>
104
- Original Software, and any entity that makes a Modification.
105
- </p>
106
- <ol>
107
- <li type="A">&quot;Covered Patents&quot; mean patent claims licensable by a Contributor
108
-
109
- </li>
110
- </ol>
111
- <p>
112
- that are necessarily infringed by the use or sale of its Modification alone
113
- or when combined with the Subject Software.
114
- </p>
115
- <ol>
116
- <li type="A">&quot;Display&quot; means the showing of a copy of the Subject Software,
117
-
118
- </li>
119
- </ol>
120
- <p>
121
- either directly or by means of an image, or any other device.
122
- </p>
123
- <ol>
124
- <li type="A">&quot;Distribution&quot; means conveyance or transfer of the Subject
125
-
126
- </li>
127
- </ol>
128
- <p>
129
- Software, regardless of means, to another.
130
- </p>
131
- <ol>
132
- <li type="A">&quot;Larger Work&quot; means computer software that combines Subject
133
-
134
- </li>
135
- </ol>
136
- <p>
137
- Software, or portions thereof, with software separate from the Subject
138
- Software that is not governed by the terms of this Agreement.
139
- </p>
140
- <ol>
141
- <li type="A">&quot;Modification&quot; means any alteration of, including addition to or
142
-
143
- </li>
144
- </ol>
145
- <p>
146
- deletion from, the substance or structure of either the Original Software
147
- or Subject Software, and includes derivative works, as that term is defined
148
- in the Copyright Statute, 17 USC 101. However, the act of including Subject
149
- Software as part of a Larger Work does not in and of itself constitute a
150
- Modification.
151
- </p>
152
- <ol>
153
- <li type="A">&quot;Original Software&quot; means the computer software first released
154
-
155
- </li>
156
- </ol>
157
- <p>
158
- under this Agreement by Government Agency with Government Agency
159
- designation NASA and entitled fUnit, including source code, object code and
160
- accompanying documentation, if any.
161
- </p>
162
- <ol>
163
- <li type="A">&quot;Recipient&quot; means anyone who acquires the Subject Software under
164
-
165
- </li>
166
- </ol>
167
- <p>
168
- this Agreement, including all Contributors.
169
- </p>
170
- <ol>
171
- <li type="A">&quot;Redistribution&quot; means Distribution of the Subject Software after
172
- a
173
-
174
- </li>
175
- </ol>
176
- <p>
177
- Modification has been made.
178
- </p>
179
- <ol>
180
- <li type="A">&quot;Reproduction&quot; means the making of a counterpart, image or copy
181
- of
182
-
183
- </li>
184
- </ol>
185
- <p>
186
- the Subject Software.
187
- </p>
188
- <ol>
189
- <li type="A">&quot;Sale&quot; means the exchange of the Subject Software for money or
190
-
191
- </li>
192
- </ol>
193
- <p>
194
- equivalent value.
195
- </p>
196
- <ol>
197
- <li type="A">&quot;Subject Software&quot; means the Original Software, Modifications, or
198
-
199
- </li>
200
- </ol>
201
- <p>
202
- any respective parts thereof.
203
- </p>
204
- <ol>
205
- <li type="A">&quot;Use&quot; means the application or employment of the Subject Software
206
-
207
- </li>
208
- </ol>
209
- <p>
210
- for any purpose.
211
- </p>
212
- <ol>
213
- <li>GRANT OF RIGHTS
214
-
215
- </li>
216
- </ol>
217
- <ol>
218
- <li type="A">Under Non-Patent Rights: Subject to the terms and conditions of
219
-
220
- </li>
221
- </ol>
222
- <p>
223
- this Agreement, each Contributor, with respect to its own contribution to
224
- the Subject Software, hereby grants to each Recipient a non-exclusive,
225
- world-wide, royalty-free license to engage in the following activities
226
- pertaining to the Subject Software:
227
- </p>
72
+ <h1>Copying</h1>
228
73
  <pre>
74
+ NASA OPEN SOURCE AGREEMENT VERSION 1.3
75
+
76
+ THIS OPEN SOURCE AGREEMENT (&quot;AGREEMENT&quot;) DEFINES THE RIGHTS OF USE,
77
+ REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN
78
+ COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT
79
+ AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW (&quot;GOVERNMENT
80
+ AGENCY&quot;). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT
81
+ AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT
82
+ DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO
83
+ USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
84
+ SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION,
85
+ ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN
86
+ THIS AGREEMENT.
87
+
88
+ Government Agency: NASA Langley Research Center
89
+ Government Agency Original Software Designation: LAR-17081-1
90
+ Government Agency Original Software Title: fUnit
91
+ User Registration Requested: please see clause 3.F.
92
+ Government Agency Point of Contact: funit-support@rubyforge.org
93
+
94
+ 1. DEFINITIONS
95
+
96
+ A. &quot;Contributor&quot; means Government Agency, as the developer of the
97
+ Original Software, and any entity that makes a Modification.
98
+
99
+ B. &quot;Covered Patents&quot; mean patent claims licensable by a Contributor
100
+ that are necessarily infringed by the use or sale of its Modification
101
+ alone or when combined with the Subject Software.
102
+
103
+ C. &quot;Display&quot; means the showing of a copy of the Subject Software,
104
+ either directly or by means of an image, or any other device.
105
+
106
+ D. &quot;Distribution&quot; means conveyance or transfer of the Subject
107
+ Software, regardless of means, to another.
108
+
109
+ E. &quot;Larger Work&quot; means computer software that combines Subject
110
+ Software, or portions thereof, with software separate from the Subject
111
+ Software that is not governed by the terms of this Agreement.
112
+
113
+ F. &quot;Modification&quot; means any alteration of, including addition to or
114
+ deletion from, the substance or structure of either the Original
115
+ Software or Subject Software, and includes derivative works, as that
116
+ term is defined in the Copyright Statute, 17 USC 101. However, the
117
+ act of including Subject Software as part of a Larger Work does not in
118
+ and of itself constitute a Modification.
119
+
120
+ G. &quot;Original Software&quot; means the computer software first released
121
+ under this Agreement by Government Agency with Government Agency
122
+ designation NASA and entitled fUnit, including source code,
123
+ object code and accompanying documentation, if any.
124
+
125
+ H. &quot;Recipient&quot; means anyone who acquires the Subject Software under
126
+ this Agreement, including all Contributors.
127
+
128
+ I. &quot;Redistribution&quot; means Distribution of the Subject Software after a
129
+ Modification has been made.
130
+
131
+ J. &quot;Reproduction&quot; means the making of a counterpart, image or copy of
132
+ the Subject Software.
133
+
134
+ K. &quot;Sale&quot; means the exchange of the Subject Software for money or
135
+ equivalent value.
136
+
137
+ L. &quot;Subject Software&quot; means the Original Software, Modifications, or
138
+ any respective parts thereof.
139
+
140
+ M. &quot;Use&quot; means the application or employment of the Subject Software
141
+ for any purpose.
142
+
143
+ 2. GRANT OF RIGHTS
144
+
145
+ A. Under Non-Patent Rights: Subject to the terms and conditions of
146
+ this Agreement, each Contributor, with respect to its own contribution
147
+ to the Subject Software, hereby grants to each Recipient a
148
+ non-exclusive, world-wide, royalty-free license to engage in the
149
+ following activities pertaining to the Subject Software:
150
+
229
151
  1. Use
230
152
  2. Distribution
231
153
  3. Reproduction
232
154
  4. Modification
233
155
  5. Redistribution
234
156
  6. Display
235
- </pre>
236
- <ol>
237
- <li type="A">Under Patent Rights: Subject to the terms and conditions of this
238
-
239
- </li>
240
- </ol>
241
- <p>
242
- Agreement, each Contributor, with respect to its own contribution to the
243
- Subject Software, hereby grants to each Recipient under Covered Patents a
244
- non-exclusive, world-wide, royalty-free license to engage in the following
245
- activities pertaining to the Subject Software:
246
- </p>
247
- <pre>
157
+
158
+ B. Under Patent Rights: Subject to the terms and conditions of this
159
+ Agreement, each Contributor, with respect to its own contribution to
160
+ the Subject Software, hereby grants to each Recipient under Covered
161
+ Patents a non-exclusive, world-wide, royalty-free license to engage in
162
+ the following activities pertaining to the Subject Software:
163
+
248
164
  1. Use
249
165
  2. Distribution
250
166
  3. Reproduction
251
167
  4. Sale
252
168
  5. Offer for Sale
253
- </pre>
254
- <ol>
255
- <li type="A">The rights granted under Paragraph B. also apply to the combination
256
-
257
- </li>
258
- </ol>
259
- <p>
260
- of a Contributor&#8217;s Modification and the Subject Software if, at the
261
- time the Modification is added by the Contributor, the addition of such
262
- Modification causes the combination to be covered by the Covered Patents.
263
- It does not apply to any other combinations that include a Modification.
264
- </p>
265
- <ol>
266
- <li type="A">The rights granted in Paragraphs A. and B. allow the Recipient to
267
-
268
- </li>
269
- </ol>
270
- <p>
271
- sublicense those same rights. Such sublicense must be under the same terms
272
- and conditions of this Agreement.
273
- </p>
274
- <ol>
275
- <li>OBLIGATIONS OF RECIPIENT
276
-
277
- </li>
278
- </ol>
279
- <ol>
280
- <li type="A">Distribution or Redistribution of the Subject Software must be made
281
-
282
- </li>
283
- </ol>
284
- <p>
285
- under this Agreement except for additions covered under paragraph 3H.
286
- </p>
287
- <ol>
288
- <li>Whenever a Recipient distributes or redistributes the Subject
289
169
 
290
- <pre>
291
- Software, a copy of this Agreement must be included with each copy
292
- of the Subject Software; and
293
- </pre>
294
- </li>
295
- <li>If Recipient distributes or redistributes the Subject Software in
170
+ C. The rights granted under Paragraph B. also apply to the combination
171
+ of a Contributor's Modification and the Subject Software if, at the
172
+ time the Modification is added by the Contributor, the addition of
173
+ such Modification causes the combination to be covered by the Covered
174
+ Patents. It does not apply to any other combinations that include a
175
+ Modification.
176
+
177
+ D. The rights granted in Paragraphs A. and B. allow the Recipient to
178
+ sublicense those same rights. Such sublicense must be under the same
179
+ terms and conditions of this Agreement.
180
+
181
+ 3. OBLIGATIONS OF RECIPIENT
182
+
183
+ A. Distribution or Redistribution of the Subject Software must be made
184
+ under this Agreement except for additions covered under paragraph 3H.
185
+
186
+ 1. Whenever a Recipient distributes or redistributes the Subject
187
+ Software, a copy of this Agreement must be included with each copy
188
+ of the Subject Software; and
189
+
190
+ 2. If Recipient distributes or redistributes the Subject Software in
191
+ any form other than source code, Recipient must also make the
192
+ source code freely available, and must provide with each copy of
193
+ the Subject Software information on how to obtain the source code
194
+ in a reasonable manner on or through a medium customarily used for
195
+ software exchange.
196
+
197
+ B. Each Recipient must ensure that the following copyright notice
198
+ appears prominently in the Subject Software:
296
199
 
297
- <pre>
298
- any form other than source code, Recipient must also make the
299
- source code freely available, and must provide with each copy of
300
- the Subject Software information on how to obtain the source code
301
- in a reasonable manner on or through a medium customarily used for
302
- software exchange.
303
- </pre>
304
- </li>
305
- </ol>
306
- <ol>
307
- <li type="A">Each Recipient must ensure that the following copyright notice
308
-
309
- </li>
310
- </ol>
311
- <p>
312
- appears prominently in the Subject Software:
313
- </p>
314
- <pre>
315
200
  Copyright 2006 United States Government as represented by
316
201
  NASA Langley Research Center. No copyright is claimed in
317
202
  the United States under Title 17, U.S. Code. All Other Rights
318
203
  Reserved.
204
+
205
+ C. Each Contributor must characterize its alteration of the Subject
206
+ Software as a Modification and must identify itself as the originator
207
+ of its Modification in a manner that reasonably allows subsequent
208
+ Recipients to identify the originator of the Modification. In
209
+ fulfillment of these requirements, Contributor must include a file
210
+ (e.g., a change log file) that describes the alterations made and the
211
+ date of the alterations, identifies Contributor as originator of the
212
+ alterations, and consents to characterization of the alterations as a
213
+ Modification, for example, by including a statement that the
214
+ Modification is derived, directly or indirectly, from Original
215
+ Software provided by Government Agency. Once consent is granted, it
216
+ may not thereafter be revoked.
217
+
218
+ D. A Contributor may add its own copyright notice to the Subject
219
+ Software. Once a copyright notice has been added to the Subject
220
+ Software, a Recipient may not remove it without the express permission
221
+ of the Contributor who added the notice.
222
+
223
+ E. A Recipient may not make any representation in the Subject Software
224
+ or in any promotional, advertising or other material that may be
225
+ construed as an endorsement by Government Agency or by any prior
226
+ Recipient of any product or service provided by Recipient, or that may
227
+ seek to obtain commercial advantage by the fact of Government Agency's
228
+ or a prior Recipient's participation in this Agreement.
229
+
230
+ F. In an effort to track usage and maintain accurate records of the
231
+ Subject Software, each Recipient, upon receipt of the Subject Software,
232
+ is requested to provide Government Agency, by e-mail to the Government
233
+ Agency Point of Contact listed in clause 5.F., the following information:
234
+ name, institution (if applicable), postal code, and country.
235
+ Recipient's name and personal information shall be used for statistical
236
+ purposes only. Once a Recipient makes a Modification available, it is
237
+ requested that the Recipient inform Government Agency, by e-mail to the
238
+ Government Agency Point of Contact listed in clause 5.F., how to
239
+ access the Modification.
240
+
241
+ G. Each Contributor represents that that its Modification is believed
242
+ to be Contributor's original creation and does not violate any
243
+ existing agreements, regulations, statutes or rules, and further that
244
+ Contributor has sufficient rights to grant the rights conveyed by this
245
+ Agreement.
246
+
247
+ H. A Recipient may choose to offer, and to charge a fee for, warranty,
248
+ support, indemnity and/or liability obligations to one or more other
249
+ Recipients of the Subject Software. A Recipient may do so, however,
250
+ only on its own behalf and not on behalf of Government Agency or any
251
+ other Recipient. Such a Recipient must make it absolutely clear that
252
+ any such warranty, support, indemnity and/or liability obligation is
253
+ offered by that Recipient alone. Further, such Recipient agrees to
254
+ indemnify Government Agency and every other Recipient for any
255
+ liability incurred by them as a result of warranty, support, indemnity
256
+ and/or liability offered by such Recipient.
257
+
258
+ I. A Recipient may create a Larger Work by combining Subject Software
259
+ with separate software not governed by the terms of this agreement and
260
+ distribute the Larger Work as a single product. In such case, the
261
+ Recipient must make sure Subject Software, or portions thereof,
262
+ included in the Larger Work is subject to this Agreement.
263
+
264
+ J. Notwithstanding any provisions contained herein, Recipient is
265
+ hereby put on notice that export of any goods or technical data from
266
+ the United States may require some form of export license from the
267
+ U.S. Government. Failure to obtain necessary export licenses may
268
+ result in criminal liability under U.S. laws. Government Agency
269
+ neither represents that a license shall not be required nor that, if
270
+ required, it shall be issued. Nothing granted herein provides any
271
+ such export license.
272
+
273
+ 4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
274
+
275
+ A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED &quot;AS IS&quot; WITHOUT ANY
276
+ WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY,
277
+ INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE
278
+ WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
279
+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
280
+ INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR
281
+ FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
282
+ THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
283
+ CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT
284
+ OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY
285
+ OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.
286
+ FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES
287
+ REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE,
288
+ AND DISTRIBUTES IT &quot;AS IS.&quot;
289
+
290
+ B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
291
+ AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
292
+ SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
293
+ THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES,
294
+ EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
295
+ PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT
296
+ SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED
297
+ STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
298
+ PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
299
+ REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL
300
+ TERMINATION OF THIS AGREEMENT.
301
+
302
+ 5. GENERAL TERMS
303
+
304
+ A. Termination: This Agreement and the rights granted hereunder will
305
+ terminate automatically if a Recipient fails to comply with these
306
+ terms and conditions, and fails to cure such noncompliance within
307
+ thirty (30) days of becoming aware of such noncompliance. Upon
308
+ termination, a Recipient agrees to immediately cease use and
309
+ distribution of the Subject Software. All sublicenses to the Subject
310
+ Software properly granted by the breaching Recipient shall survive any
311
+ such termination of this Agreement.
312
+
313
+ B. Severability: If any provision of this Agreement is invalid or
314
+ unenforceable under applicable law, it shall not affect the validity
315
+ or enforceability of the remainder of the terms of this Agreement.
316
+
317
+ C. Applicable Law: This Agreement shall be subject to United States
318
+ federal law only for all purposes, including, but not limited to,
319
+ determining the validity of this Agreement, the meaning of its
320
+ provisions and the rights, obligations and remedies of the parties.
321
+
322
+ D. Entire Understanding: This Agreement constitutes the entire
323
+ understanding and agreement of the parties relating to release of the
324
+ Subject Software and may not be superseded, modified or amended except
325
+ by further written agreement duly executed by the parties.
326
+
327
+ E. Binding Authority: By accepting and using the Subject Software
328
+ under this Agreement, a Recipient affirms its authority to bind the
329
+ Recipient to all terms and conditions of this Agreement and that that
330
+ Recipient hereby agrees to all terms and conditions herein.
331
+
332
+ F. Point of Contact: Any Recipient contact with Government Agency is
333
+ to be directed to the designated representative as follows:
334
+ funit-support@rubyforge.org.
319
335
  </pre>
320
- <ol>
321
- <li type="A">Each Contributor must characterize its alteration of the Subject
322
-
323
- </li>
324
- </ol>
325
- <p>
326
- Software as a Modification and must identify itself as the originator of
327
- its Modification in a manner that reasonably allows subsequent Recipients
328
- to identify the originator of the Modification. In fulfillment of these
329
- requirements, Contributor must include a file (e.g., a change log file)
330
- that describes the alterations made and the date of the alterations,
331
- identifies Contributor as originator of the alterations, and consents to
332
- characterization of the alterations as a Modification, for example, by
333
- including a statement that the Modification is derived, directly or
334
- indirectly, from Original Software provided by Government Agency. Once
335
- consent is granted, it may not thereafter be revoked.
336
- </p>
337
- <ol>
338
- <li type="A">A Contributor may add its own copyright notice to the Subject
339
-
340
- </li>
341
- </ol>
342
- <p>
343
- Software. Once a copyright notice has been added to the Subject Software, a
344
- Recipient may not remove it without the express permission of the
345
- Contributor who added the notice.
346
- </p>
347
- <ol>
348
- <li type="A">A Recipient may not make any representation in the Subject Software
349
-
350
- </li>
351
- </ol>
352
- <p>
353
- or in any promotional, advertising or other material that may be construed
354
- as an endorsement by Government Agency or by any prior Recipient of any
355
- product or service provided by Recipient, or that may seek to obtain
356
- commercial advantage by the fact of Government Agency&#8217;s or a prior
357
- Recipient&#8217;s participation in this Agreement.
358
- </p>
359
- <ol>
360
- <li type="A">In an effort to track usage and maintain accurate records of the
361
-
362
- </li>
363
- </ol>
364
- <p>
365
- Subject Software, each Recipient, upon receipt of the Subject Software, is
366
- requested to provide Government Agency, by e-mail to the Government Agency
367
- Point of Contact listed in clause 5.F., the following information: name,
368
- institution (if applicable), postal code, and country. Recipient&#8217;s
369
- name and personal information shall be used for statistical purposes only.
370
- Once a Recipient makes a Modification available, it is requested that the
371
- Recipient inform Government Agency, by e-mail to the Government Agency
372
- Point of Contact listed in clause 5.F., how to access the Modification.
373
- </p>
374
- <ol>
375
- <li type="A">Each Contributor represents that that its Modification is believed
376
-
377
- </li>
378
- </ol>
379
- <p>
380
- to be Contributor&#8217;s original creation and does not violate any
381
- existing agreements, regulations, statutes or rules, and further that
382
- Contributor has sufficient rights to grant the rights conveyed by this
383
- Agreement.
384
- </p>
385
- <ol>
386
- <li type="A">A Recipient may choose to offer, and to charge a fee for, warranty,
387
-
388
- </li>
389
- </ol>
390
- <p>
391
- support, indemnity and/or liability obligations to one or more other
392
- Recipients of the Subject Software. A Recipient may do so, however, only on
393
- its own behalf and not on behalf of Government Agency or any other
394
- Recipient. Such a Recipient must make it absolutely clear that any such
395
- warranty, support, indemnity and/or liability obligation is offered by that
396
- Recipient alone. Further, such Recipient agrees to indemnify Government
397
- Agency and every other Recipient for any liability incurred by them as a
398
- result of warranty, support, indemnity and/or liability offered by such
399
- Recipient.
400
- </p>
401
- <ol>
402
- <li type="A">A Recipient may create a Larger Work by combining Subject Software
403
-
404
- </li>
405
- </ol>
406
- <p>
407
- with separate software not governed by the terms of this agreement and
408
- distribute the Larger Work as a single product. In such case, the Recipient
409
- must make sure Subject Software, or portions thereof, included in the
410
- Larger Work is subject to this Agreement.
411
- </p>
412
- <ol>
413
- <li type="A">Notwithstanding any provisions contained herein, Recipient is
414
-
415
- </li>
416
- </ol>
417
- <p>
418
- hereby put on notice that export of any goods or technical data from the
419
- United States may require some form of export license from the U.S.
420
- Government. Failure to obtain necessary export licenses may result in
421
- criminal liability under U.S. laws. Government Agency neither represents
422
- that a license shall not be required nor that, if required, it shall be
423
- issued. Nothing granted herein provides any such export license.
424
- </p>
425
- <ol>
426
- <li>DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
427
-
428
- </li>
429
- </ol>
430
- <ol>
431
- <li type="A">No Warranty: THE SUBJECT SOFTWARE IS PROVIDED &quot;AS IS&quot; WITHOUT ANY
432
-
433
- </li>
434
- </ol>
435
- <p>
436
- WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING,
437
- BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL CONFORM TO
438
- SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
439
- PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE
440
- SUBJECT SOFTWARE WILL BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF
441
- PROVIDED, WILL CONFORM TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN
442
- ANY MANNER, CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR
443
- RECIPIENT OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR
444
- ANY OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. FURTHER,
445
- GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING
446
- THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES
447
- IT &quot;AS IS.&quot;
448
- </p>
449
- <ol>
450
- <li type="A">Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
451
-
452
- </li>
453
- </ol>
454
- <p>
455
- AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS,
456
- AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT&#8216;S USE OF THE SUBJECT
457
- SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES
458
- ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR
459
- RESULTING FROM, RECIPIENT&#8216;S USE OF THE SUBJECT SOFTWARE, RECIPIENT
460
- SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED STATES GOVERNMENT, ITS
461
- CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT, TO THE
462
- EXTENT PERMITTED BY LAW. RECIPIENT&#8216;S SOLE REMEDY FOR ANY SUCH MATTER
463
- SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
464
- </p>
465
- <ol>
466
- <li>GENERAL TERMS
467
-
468
- </li>
469
- </ol>
470
- <ol>
471
- <li type="A">Termination: This Agreement and the rights granted hereunder will
472
-
473
- </li>
474
- </ol>
475
- <p>
476
- terminate automatically if a Recipient fails to comply with these terms and
477
- conditions, and fails to cure such noncompliance within thirty (30) days of
478
- becoming aware of such noncompliance. Upon termination, a Recipient agrees
479
- to immediately cease use and distribution of the Subject Software. All
480
- sublicenses to the Subject Software properly granted by the breaching
481
- Recipient shall survive any such termination of this Agreement.
482
- </p>
483
- <ol>
484
- <li type="A">Severability: If any provision of this Agreement is invalid or
485
-
486
- </li>
487
- </ol>
488
- <p>
489
- unenforceable under applicable law, it shall not affect the validity or
490
- enforceability of the remainder of the terms of this Agreement.
491
- </p>
492
- <ol>
493
- <li type="A">Applicable Law: This Agreement shall be subject to United States
494
-
495
- </li>
496
- </ol>
497
- <p>
498
- federal law only for all purposes, including, but not limited to,
499
- determining the validity of this Agreement, the meaning of its provisions
500
- and the rights, obligations and remedies of the parties.
501
- </p>
502
- <ol>
503
- <li type="A">Entire Understanding: This Agreement constitutes the entire
504
-
505
- </li>
506
- </ol>
507
- <p>
508
- understanding and agreement of the parties relating to release of the
509
- Subject Software and may not be superseded, modified or amended except by
510
- further written agreement duly executed by the parties.
511
- </p>
512
- <ol>
513
- <li type="A">Binding Authority: By accepting and using the Subject Software
514
-
515
- </li>
516
- </ol>
517
- <p>
518
- under this Agreement, a Recipient affirms its authority to bind the
519
- Recipient to all terms and conditions of this Agreement and that that
520
- Recipient hereby agrees to all terms and conditions herein.
521
- </p>
522
- <ol>
523
- <li type="A">Point of Contact: Any Recipient contact with Government Agency is
524
-
525
- </li>
526
- </ol>
527
- <p>
528
- to be directed to the designated representative as follows:
529
- funit-support@rubyforge.org.
530
- </p>
531
336
 
532
337
  </div>
533
338