>> Where can I find the text of the NOSA v2.0 ? > > I was going to suggest > https://web.archive.org/web/20150923151504/https://lists.opensource.org/pipermail/license-review/2013-June/000610.html > > but the attachment containing the text was scrubbed.
Here it is:
NASA OPEN SOURCE AGREEMENT VERSION 2.0 This open source agreement (“Agreement”) defines the rights of use, reproduction, modification and redistribution of certain software released by the United States Government (“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 redistributions of the Subject Software. Anyone who uses, reproduces, 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 & Ver. No. : _________________________ Government Agency Point of Contact: ________________________________________ User Registration Requested. Please Visit http://________________________________ 1. DEFINITIONS A. “Contributor” means Government Agency and any other person or entity that creates or contributes to the creation of Subject Software. B. “Contribution” means any Work, including Your own Works and Works of other Contributors, that are Derivative Works of the Subject Software and that are intentionally submitted by You or other Contributors to Government Agency for inclusion in, or documentation of, the Subject Software. C. “Covered Patents” means any patent claims licensable by a Contributor that are necessarily infringed by the manufacture, import, use, offer for sale, or sale of a Contributor’s Derivative Works or Contributions alone or when combined with the Subject Software. D. “Derivative Work” means a Work that is based on (or derived from) the Subject Software and for which the revisions, annotations, or other modifications, as a whole, represent an original work of authorship. Derivative Works shall not include (i) Works that remain separate from, or merely link to, the Subject Software, or (ii) additions to the Subject Software which are separable modules of software distributed in conjunction with the Subject Software, or parts of the Subject Software, under their own license agreement. Including Subject Software or parts thereof in a Larger Work is not in and of itself a Derivative Work. E. “Larger Work” means software that combines Subject Software, or portions thereof, with software that remains separate from, or is merely linked to, the Subject Software and that is not governed by the terms of this Agreement. F. “Original Software” means the software first released under this Agreement by Government Agency with the Government Agency designation and title listed above, including source code, object code and accompanying documentation, if any. G. “Subject Software” means the Original Software, Derivative Works, or Contributions, and any combination or respective parts thereof. H. “Work” means an original work of authorship fixed in a tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, including Derivative Works. A work is original if it is independently created by You, as opposed to copied from other works, and it possesses at least some minimal degree of creativity. I. “You” or “Your” means an individual or a legal entity exercising rights under, and complying with all the terms of, this Agreement. For legal entities, “You” or “Your” includes an entity and any other entity that controls, is controlled by, or is under common control with such entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. 2. GRANT OF RIGHTS YOU RECEIVE (FROM UPSTREAM CONTRIBUTORS) ALONG WITH YOUR GRANT OF RIGHTS AND OBLIGATIONS IF YOU MAKE DERIVATIVE WORKS OF OR REDISTRIBUTE THE SUBJECT SOFTWARE (TO DOWNSTREAM RECIPIENTS) A. Subject to, and, so long as You comply with, the terms and conditions of this Agreement, the Government hereby grants permission to You to use civil servant authored U.S. Government Work (17 U.S.C. § 105) portions of the Subject Software, if any, in the United States. B. Under Non Patent Rights/Copyright License: Subject to, and, so long as You comply with, the terms and conditions of this Agreement, each Contributor hereby grants to You (with respect to the Subject Software and its Contributions to or Derivative Works of the Subject Software) and You hereby grant to each recipient (with respect to Your Contributions to and Derivative Works of the Subject Software, as defined in Paragraphs 1.B and 1.C) a non-exclusive, worldwide, royalty-free, irrevocable (except as stated in Paragraphs 3.J and 5.A) license to use, reproduce, modify, redistribute, prepare Derivative Works of, publicly display, publicly perform, and sublicense the Subject Software. C. Under Patent Rights: Subject to, and, so long as You comply with, the terms and conditions of this Agreement, each Contributor hereby grants to You (with respect to the Subject Software and its Contributions to or Derivative Works of the Subject Software) and You grant to each recipient (with respect to Your Contributions to and Derivative Works of the Subject Software, as defined in Paragraphs 1.B and 1.C) a non-exclusive, worldwide, royalty-free, irrevocable (except as stated in Paragraphs 3.J and 5.A) license with respect to its Covered Patents to make, have made, use, redistribute, reproduce, sell, offer to sell, import, sublicense and otherwise transfer the Subject Software. 3. ADDITIONAL OBLIGATIONS IF YOU MAKE DERIVATIVE WORKS OF OR REDISTRIBUTE THE SUBJECT SOFTWARE A. Contributions. 1. Submission. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in Subject Software by You to the Government Agency shall be governed by the terms and conditions of this Agreement, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate agreement you may have executed with the U.S. Government regarding such Contributions. 2. Representation. You represent that each of Your Contributions is Your own Work or is the Work of another Contributor that You are authorized to submit. You represent that Your submission(s) of Contributions that are the Work of another Contributor, that You are authorized to submit, include complete details of any agreements, licenses, or other restriction (including, but not limited to, related copyright, patents and trademarks) of which You are aware that will impose additional terms and conditions on the Subject Software. B. Redistribution. You may redistribute the Subject Software, with or without Your Derivative Works or Contributions, provided that You meet the following conditions: 1. Whenever You redistribute the Subject Software, You must include a copy of this Agreement with each copy of the Subject Software; and 2. You may redistribute Your Derivative Works or Your Contributions under this Agreement or under a license that includes additional or different terms provided it otherwise complies with the terms and conditions provided in this Agreement; and 3. If You redistribute the Subject Software in any form other than source code, You 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; and 4. If You choose to offer services under Paragraph 3.G, such services must be covered under a separate agreement. C. You must ensure that the following copyright notice appears prominently in the Subject Software: [GOVERNMENT AGENCY WILL INSERT THE APPLICABLE COPYRIGHT NOTICE ALONG WITH ANY OTHER REQUIRED NOTICES IN EACH AGREEMENT ACCOMPANYING THE INITIAL DISTRIBUTION OF ORIGINAL SOFTWARE AND REMOVE THIS BRACKETED LANGUAGE.] [The following copyright notice may be used if created in whole or in part by a non-federal entity and rights obtained from author/copyright holder 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 may 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. D. You must include in any of Your Derivative Works or Contributions a notice that describes the alterations made and the date of the alterations, identifies You as Contributor of the Derivative Work or Contribution, and includes a statement that the Derivative Work or Contribution is derived, directly or indirectly, from Original Software provided by Government Agency. E. Once a copyright notice has been added to the Subject Software, You may not remove it without the express permission of the Contributor who added the notice. You may add Your own copyright notice to the Subject Software. F. You 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 other Contributor or recipient of any product or service provided by You, or that may seek to obtain commercial advantage of Government Agency's or any other recipient’s participation in this Agreement. G. You may choose to offer, and to charge a fee for, warranty, indemnity and/or liability obligations to one or more other recipients of the Subject Software. You may do so, however, only on Your own behalf and not on behalf of Government Agency or any other Contributor. You must make it absolutely clear that any such warranty, indemnity and/or liability obligation is offered by You alone. Further, You agree to indemnify Government Agency and every other Contributor for any liability incurred by them as a result of warranty, indemnity and/or liability offered by You. H. You may create a Larger Work by combining Subject Software with separate software not governed by the terms and conditions of this Agreement and redistribute the Larger Work as a single product. In such case, You must make sure Subject Software, or portions thereof, included in the Larger Work is licensed under this Agreement or a license that complies with the terms and conditions provided in this Agreement. I. Notwithstanding any provisions contained herein, You are hereby put on notice that export of any goods or technical data containing all or part of the Subject Software from the United States may require some form of export license from the U.S. Government. Government Agency makes no representation as to whether an export license is required nor that, if required, it will be issued. Nothing granted herein provides any such export license. J. If any recipient institutes patent or copyright litigation against Government Agency or any other recipient (including a cross-claim or counterclaim in a lawsuit) alleging that the Subject Software, part of the Subject Software, or a Contribution incorporated within the Subject Software constitutes direct or indirect patent infringement or copyright infringement, then any patent and copyright licenses granted to the litigating recipient under this Agreement for the Subject Software shall terminate as of the date such litigation is filed. K. [This paragraph may be included or deleted at the option of the Government Agency releasing the Original Software.] In an effort to track usage and maintain accurate records of the Subject Software, You, upon receipt of the Subject Software, are requested to register with Government Agency by visiting the website provided above (if any) or by e-mail to the Point of Contact listed above. Your name and personal information shall not be disclosed outside of the Government and its contractors. Once You make a Derivative Work or Contribution available, it is requested that You inform Government Agency, through the website or Point of Contact provided above, how to access the Derivative Work or Contribution. 4. DISCLAIMER OF WARRANTIES, NON-ENDORSEMENT AND LIMITATION OF LIABILITIES A. Disclaimer of Warranty: GOVERNMENT AGENCY PROVIDES THE SUBJECT SOFTWARE (AND EACH CONTRIBUTOR PROVIDES ITS DERIVATIVE WORK OR CONTRIBUTION) “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. FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES IT “AS IS.” B. Non-Endorsement: THIS AGREEMENT DOES NOT, IN ANY MANNER, CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY OTHER CONTRIBUTOR OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. C. Limitation of Liability: YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY OTHER CONTRIBUTOR, ARISING FROM OR RELATED TO USE OR REDISTRIBUTION OF THE SUBJECT SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE SUBJECT SOFTWARE AND ASSUME ANY RISK ASSOCIATED WITH YOUR EXERCISE OF RIGHTS GRANTED UNDER THIS AGREEMENT. 5. GENERAL TERMS A. Termination: This Agreement and the rights granted hereunder will terminate automatically if You fail to comply with these terms and conditions and fail to cure such noncompliance within thirty (30) days of such noncompliance. Upon termination, You agree to immediately cease use and redistribution of the Subject Software. All sublicenses to the Subject Software properly granted by You shall survive any such termination of this Agreement. B. Applicable Law: This Agreement shall be subject to United States Federal law 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. NOSA Ver 2 final draft clean 2013Mar26 1/6
