disclaimers-and-notices-l2.txt

一个非常好的人工智能开发工具开源软件

$Id: disclaimers-and-notices-L2.txt,v 1.5 2004/03/18 00:18:43 taylor Exp $
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DISCLAIMERS AND NOTICES
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NASA OPEN SOURCE AGREEMENT VERSION 1.3 (March 15, 2004)

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 (NASA)

Government Agency Original Software Designation:   ARC-14725-1

Government Agency Original Software Title:   Livingstone 2/Skunkworks: A System For 
     Automated Diagnosis And Discrete Control Of Complex Systems, And A Suite Of 
     Supporting Development And Runtime Tools

User Registration Requested.  Please Visit http://opensource.arc.nasa.gov

Government Agency Point of Contact for Original Software: 

     Will Taylor
     NASA Ames Research Center
     Mail Stop:	269-2
     Moffett Field, CA 94030-1000
     Phone:	[phone]
     E-mail:	[e-mail]

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 ARC-14725-1 and entitled Livingstone 
   2/Skunkworks: A System For Automated Diagnosis And Discrete Control Of Complex Systems, 
   And A Suite Of Supporting Development And Runtime Tools, 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 (C) 2001 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:

   Will Taylor
   NASA Ames Research Center
   Mail Stop:	269-2
   Moffett Field, CA 94030-1000
   Phone:	[phone]
   E-mail:	[e-mail]