C-PAT™ SOFTWARE OPEN SOURCE LICENSE AGREEMENT
- Agreement. The CRANE C-PAT™ software (hereinafter “Software”) was originally written and developed by Naval Surface Warfare Center Crane (NSWC Crane). To the extent that one or more federal employees authored at least a portion of this software or a derivative work thereof, no copyright is claimed by the United States Government, as represented by the Secretary of the Navy ("GOVERNMENT") under Title 17, U.S. Code. All Other Rights Reserved. Neither the name of NSWC Crane or its contributors, nor any entity of the United States Government may be used to endorse or promote products derived from this Software, nor does the inclusion of the NSWC Crane written and developed Software directly or indirectly suggest NSWC Crane's or the United States Government's endorsement of this product.
Authorization to use and distribute this Software is being made available under the following terms and conditions. By using, modifying, reproducing, or preparing a derivative work of this Software, you agree to abide by the terms and conditions herein.
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License. In accordance with federal law, authorization is given to use, redistribute, and reproduce the Software in source and binary forms, with or without modification, provided that the following conditions are met: (1) source code distributions retain the notice header of each software source file as given below, this list of conditions, and the following disclaimer in its entirety, (2) distributions including binary code include this paragraph in its entirety in the documentation or other materials provided with the distribution, (3) improvements, additions and upgrades to the software will be provided to NSWC Crane with an unlimited, royalty-free non-exclusive license to use these improvements, additions and upgrades, and the authority to grant unlimited royalty-free non-exclusive sublicenses to these improvements, and (4) all published research using this software display the following acknowledgment: "This work uses the C-PAT™ software package written and developed by NSWC Crane."
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Basis. The Software was written by employees of NSWC Crane, as noted in the individual files, and is property of the United States Government, as represented by the Secretary of the Navy. C-PAT™ is a trademark of the Government of the United States of America, as represented by the Secretary of the Navy. Unauthorized use of the trademark is prohibited.
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Restrictions and Use.
a. Sales. A user of the Software shall not sell, or license, or transfer for a fee the Software or portion thereof, or any derivative work of the Software, or any data products generated by the Software, without first obtaining the written consent of NSWC Crane.
b. Modifications. All modifications to the Software (including translations to other programming languages) and derivative works of the Software, shall carry prominent notices stating how the files were changed and the date of the change. Any reproductions, modified versions of the Software, or derivative works shall be made available to the public as open source software. A party who modifies the Software or creates a derivative work of the Software hereby grants the Government of the United States of America a non-exclusive, irrevocable, fully paid-up license to such modifications and derivative works, and shall deliver such derivative works, including any source code, data, or information that pertains to such derivatives works, to NSWC Crane. If any modifications to the Software substantially change the model output (including, but not limited to, alterations of the model formulation or model parameter values), then the modified Software shall not be identified “C-PAT™” without first obtaining the written consent of Counsel, Office of Naval Research, Department of the Navy. In such cases, the C-PAT™ mark shall nonetheless still appear in the individual files in order to document the provenance of the modified Software.
c. Notices. Each copy of the Software, any modified Software, or derivative work shall include a file containing this Agreement. Any software package that incorporates the C-PAT™ Software or derivative work shall include the following statement: "This software incorporates the C-PAT™ software designed and provided by NSWC Crane. Use is governed by the Open Source License Agreement contained in the file “LICENSE.MD"
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Disclaimer of Warranty and Liability: As the owner of the C-PAT™ software, the Government of the United States of America: (1) PROVIDES THIS SOFTWARE "AS IS" AND DISCLAIMS ANY WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) Does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the software, (3) Does not represent that use of the software would not infringe privately owned rights, (4) Does not warrant that the software will function uninterrupted, that is error-free or that any errors will be corrected.
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No Support. The Software is provided without any support or maintenance, and without any obligation to provide modifications, improvements, enhancements, or updates of the Software. No oral or written information or advice given by the NSWC Crane authors shall create a warranty or in any way modify this agreement. Should the Software prove defective, the user (and not NSWC Crane or any NSWC Crane representative) assume the cost of all necessary correction.
Notice of Third Party Software Licenses This software contains open source software packages from third parties. These are available on an “as is” basis and subject to their individual license agreements.