LICENSE

# License Agreement

This code was originally developed at NASA/Goddard Space Flight Center for
the Earth Science Data and Information System (ESDIS) project.

Copyright © 2013 - 2020 United States Government as represented by the
Administrator of the National Aeronautics and Space Administration.
All Rights Reserved.

## [NASA OPEN SOURCE AGREEMENT VERSION 1.3](https://ti.arc.nasa.gov/opensource/nosa/)

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
Government Agency Original Software Designation: GSC-17111-1, version 0.6.2
Government Agency Original Software Title: Worldview Satellite Imagery and Downloading Tool
User Registration Requested. Please visit: [http://opensource.gsfc.nasa.gov](http://opensource.gsfc.nasa.gov)
Government Agency Point of Contact for Original Software: Enidia Santiago-Arce, SRA
Assistant, (301) 286-8497

### 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
GSC-17111-1 and entitled Worldview Satellite Imagery and Downloading
Tool, 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 © 2012-2018 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](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: Enidia Santiago-Arce,
SRA Assistant, (301) 286-8497