NASA 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: NASA Ames Research Center
Government Agency Original Software Designation: NASA Ames Research Center
Government Agency Original Software Title: Inference Kernel for Open Static
Analyzers (IKOS)
User Registration Requested.  Please Visit http://opensource.arc.nasa.gov/
Government Agency Point of Contact for Original Software: Guillaume P. Brat

1. 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
        NASA Ames Research Center and entitled Inference Kernel for Open Static
        Analyzers (IKOS), 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.

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:
            1. Use
            2. Distribution
            3. Reproduction
            4. Modification
            5. Redistribution
            6. 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:
            1. Use
            2. Distribution
            3. Reproduction
            4. Sale
            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 paragraph 3H.

            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 © 2011 United States Government as represented by the
            Administrator of the National Aeronautics and Space Administration.
            All 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: http://opensource.arc.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 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.

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:
        Guillaume P. Brat
        guillaume.p.brat@nasa.gov
