This is an Open License Agreement that allows you access to the complete
technical information available for MONSOON.
You must, for legal peace of
mind, agree to the terms of this license.
Essentially, by clicking the
"Accept" button at the foot of this page, you agree to make any contributions
you may make to the MONSOON technology available to others without hindrance and surrender all rights to patent claims to any
of the covered technology - including the original source.
In addition, the license explicitly absolves NOAO from any warranty or liability
for the use of, or fitness of purpose for, MONSOON technology.
The good news is that the
license doesn't stop you from using (or abusing) the technology, or building
systems from the information, or even making a dollar from supplying this
technology to others. In fact you are encouraged to do all of these things !
Please read the license (it's
not as ponderous as it looks !) and, if you agree to
the terms, press the "Accept" button at the foot of the page. Note
that by pressing the "Accept" button you are taken to the technical
documentation webspace and implicitely
agree to abide by all the terms of this license agreement.
A printable copy of this text
can be found here
and the original source (a MSWord document) here.
Please read on
!
Monsoon Public License, Version 1.0
1. Definitions.
1.1. ãAURA-NOAOä means the National Optical Astronomy Observatory operated by the Association of Universities for Research in Astronomy for the National Science Foundation under Cooperative Agreement No. AST- 0132798.
1.2. "Use" means:
1.2.1. implementation or use of the Covered Technology by You or
1.2.2. distribution or otherwise making the Covered Technology available to a third party.
1.3. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.4. ''Contributor Version'' means the combination of the Original Technology, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.5. ''Covered Technology'' means the Original Technology or Modifications or the combination of the Original Technology and Modifications, in each case including portions thereof.
1.6. ''Device'' means any physical apparatus derived from the Covered Technology in any form.
1.7. ''Electronic Distribution Mechanism'' means a mechanism generally accepted for the electronic transfer of data.
1.8. ''Firmware Logic Design'' means all design documentation that describes Boolean logic equations including CAD databases, schematics, drawings, bills-of-materials, synthesis and programming information, and associated documentation.
1.9. ''Hardware Design'' means all design documentation that describes electronic circuits or modules and including CAD databases, schematics, mechanical layouts and drawings, bills-of-materials, manufacturing and assembly information, and associated documentation.
1.10. ''Initial Developer'' means AURA-NOAO. The terms ãInitial Developerä and ãAURA-NOAOä may be used interchangeably in this License.
1.11. ''Larger Work'' means a work which combines Covered Technology or portions thereof with technology not governed by the terms of this License.
1.12. ''License'' means this document.
1.13. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.14. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Technology or any previous Modifications. When Covered Technology is released as a Device, a Modification is:
1.14.1. Any addition to or deletion from the contents of the Original Technology or previous Modifications.
1.14.2. Any new technology that contains any part of the Original Technology or previous Modifications.
1.15. ''Mechanical Design'' means all design documentation that describes physical structures, enclosures or assemblies including mechanical layouts and drawings, bills-of-materials, manufacturing and assembly information, and associated documentation.
1.16. ãMonsoon Image Acquisition Systemä or ãMonsoonä means the Original Technology, collectively.
1.17. ''Original Technology'' means Software Code, Hardware Designs, Mechanical Designs, Printed Circuit Board Layout Designs, Firmware Logic Designs, which is described in the Source Technology notice required by Exhibit A as Original Technology, and which, at the time of its release under this License is not already Covered Technology governed by this License.Ê This Original Technology is sometimes collectively referred to as the ãMonsoon Image Acquisition Systemä or ãMonsoon.ä
1.18. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.19. ''Printed Circuit Board Layout Design'' means all design documentation that describes the physical implementation of an electronic circuit and includes mechanical layouts and drawings, bills-of-materials, manufacturing and assembly information, and associated documentation.
1.20. ''Software Code'' means the source code of computer software code or executable versions of this source code, all associated documentation required to build and execute the executable code.
1.21. ''Source Technology'' means the preferred form of the Covered Technology for distribution and making modifications to it, including all modules it contains, plus any associated interface definition files, scripts and documents used to control construction, compilation and installation of a Device. The Source Technology can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.22. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means:
1.22.1. the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
1.22.2. ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Technology License.
2.1. The Initial Developer Grant.Ê
2.1.1. Subject to third party intellectual property claims, AURA-NOAO hereby grants You a world-wide, royalty-free, non-exclusive license:
2.1.1.2.under Patent Claims infringed by the making, using or selling of Original Technology, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Technology (or portions thereof).
2.1.2. The licenses granted in this Section 2.1.1.1 and 2.1.1.2 are effective on the date AURA-NOAO first distributes Original Technology under the terms of this License.
2.1.3. Notwithstanding Section 2.1.1.2 above, no patent license is granted: 1) for technology that You delete from the Original Technology; 2) separate from the Original Technology;Ê or 3) for infringements caused by: i) the modification of the Original Technology or ii) the combination of the Original Technology with other technology or devices.
2.2.1. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
2.2.1.2.under Patent Claims infringed by the making, using, or selling ofÊ Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination ofÊ Modifications made by that Contributor with its Contributor Version (or portions of such combination).
2.2.2. The licenses granted in Sections 2.1.1.1 and 2.2.1.2 are effective on the date Contributor first makes Use of the Covered Technology.
2.2.3. Notwithstanding Section 2.2.1.2 above, no patent license is granted: 1) for any technology that Contributor has deleted from the Contributor Version; 2)Ê separate from the Contributor Version;Ê 3)Ê for infringements caused by: i) third party modifications of Contributor Version or ii)Ê the combination of Modifications made by that Contributor with other technologyÊ (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Technology in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.Ê The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Technology version of Covered Technology may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Technology You distribute. You may not offer or impose any terms on any Source Technology version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.3. Description of Modifications.Ê You must cause all Covered Technology to which You contribute to contain a file documenting the changes You made to create that Covered Technology and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Technology provided by AURA-NOAO and including the name of AURA-NOAO in (a) the Source Technology, and (b) in any documentation pertaining to a Device or related documentation in which You describe the origin or ownership of the Covered Technology.
3.4. Intellectual Property Matters
3.4.1. Third Party Claims.Ê If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Technology distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Technology that new knowledge has been obtained.Ê
3.4.2. ÊContributor APIs.Ê If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
3.4.3. ÊRepresentations.Ê Contributor represents that, except as disclosed pursuant to Section 3.4.1 above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.Ê You must duplicate the notice in Exhibit A in each file of the Source Technology.Ê If it is not possible to put such notice in a particular Source Technology file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice.Ê If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A.Ê You must also duplicate this License in any documentation for the Source Technology where You describe recipients' rights or ownership rights relating to Covered Technology.Ê You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Technology. However, You may do so only on Your own behalf, and not on behalf of AURA-NOAO or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify AURA-NOAO and every Contributor for any liability incurred by AURA-NOAO or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Devices.Ê You may distribute Covered Technology in Device form only if the requirements of Section 3.1-3.5 have been met for that Covered Technology, and if You include a notice stating that the Source Technology version of the Covered Technology is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any documentation pertaining to a Device, related documentation or collateral in which You describe recipients' rights relating to the Covered Technology. You may distribute a Device of Covered Technology or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Device does not attempt to limit or alter the recipient's rights in the Source Technology version from the rights set forth in this License. If You distribute the Device under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by AURA-NOAO or any Contributor. You hereby agree to indemnify AURA-NOAO and every Contributor for any liability incurred by AURA-NOAO or such Contributor as a result of any such terms You offer.
3.7. Larger Works.Ê You may create a Larger Work by combining Covered Technology with other technology not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Technology.
4. Inability to Comply Due to Statute or Regulation.Ê If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Technology due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the technology they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Technology. Except to the extent prohibited by statute or regulation, such description must be sufficiently clear and detailed that a recipient of ordinary skill will be able to understand it.
5. Application of this License.Ê This License applies to technology to which AURA-NOAO has attached the notice in Exhibit A and to related Covered Technology.
6. Versions of this License.
6.1. New Versions.Ê AURA-NOAO may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number.
6.2. ÊEffect of New Versions.Ê Once Covered Technology has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Technology under the terms of any subsequent version of the License published by AURA-NOAO. No one other than AURA-NOAO has the right to modify the terms applicable to Covered Technology created under this License.
6.3. Derivative Works.Ê If You create or use a modified version of this License (which you may only do in order to apply it to technology which is not already Covered Technology governed by this License), You must (a) rename Your license so that the phrases ''MONSOON'', ''NOAO'', ''AURA'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from this License.Ê Filling in the name of AURA-NOAO, Original Technology or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.
7. DISCLAIMER OF WARRANTY.Ê COVERED TECHNOLOGY IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED TECHNOLOGY IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED TECHNOLOGY IS WITH YOU. SHOULD ANY COVERED TECHNOLOGY PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED TECHNOLOGY IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.2.1. such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i)Ê agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant;Ê if within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above; or
8.2.2. any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1.1.2 and 2.2.1.2 are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.Ê UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED TECHNOLOGY, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10.
MISCELLANEOUS.Ê This License
represents the complete agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License
shall be governed by
11. RESPONSIBILITY FOR CLAIMS.Ê As between AURA-NOAO and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License, and You agree to work with AURA-NOAO and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12. MULTIPLE-LICENSED TECHNOLOGY.Ê AURA-NOAO may designate portions of the Covered Technology as Multiple-Licensed.Ê Multiple-Licensed means that AURA-NOAO permits you to utilize portions of the Covered Technology under Your choice of this License or the alternative licenses, if any, specified by AURA-NOAO in the file described in Exhibit A.
EXHIBIT A - Monsoon Public License.
The contents of this file are subject to the Monsoon Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.noao.edu/ets/monsoon/home/legal/MonsoonLicense.doc
Covered Technology distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Technology is known as the ãMONSOON Image Acquisition Systemä.
The Initial Developer of the Original Technology is National Optical Astronomy Observatory (ãNOAOä), which is operated for the National Science Foundation (ãNSFä) by the Association of Universities for Research in Astronomy (ãAURAä) under Cooperative Agreement No. AST-0132798.
Portions created by:
______________________ are Copyright (C) ______ _______________________.
All Rights Reserved.
Contributor(s): ______________________________________.
ÊAlternatively, the contents of this file may be used under the terms of the _____ license (theÊ [___] License), in which case the provisions of [______] License are applicableÊ instead of those above.Ê If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the Monsoon Public License, indicate your decision by deletingÊ the provisions above and replaceÊ them with the notice and other provisions required by the [___] License.Ê If you do not delete the provisions above, a recipient may use your version of this file under either the Monsoon Public License or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Technology files of the Original Technology. You should use the text of this Exhibit A rather than the text found in the Original Technology Source for Your Modifications.]
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