========================================================================================================= == NOTICE file for the GPA openPG distribution == ========================================================================================================= GPA openPG: The Open Source Phasor Gateway (http://openpg.codeplex.com/) Copyright © 2010-2011, The Grid Protection Alliance This product includes software developed at the Grid Protection Alliance (http://www.gridprotectionalliance.org/) Portions of this software were developed at the Tennessee Valley Authority (http://www.tva.gov/) Tennessee Valley Authority, 2009 No copyright is claimed pursuant to 17 USC § 105. All Other Rights Reserved. /* TENNESSEE VALLEY AUTHORITY OPEN SOURCE AGREEMENT * * THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE,REPRODUCTION, DISTRIBUTION, * MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE * TENNESSEE VALLEY AUTHORITY, A CORPORATE AGENCY AND INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT * ("GOVERNMENT AGENCY"). 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. * * 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, 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: * * No copyright is claimed pursuant to 17 USC § 105. All Other 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: https://naspi.tva.com/Registration/. 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 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 GOVERNMENT AGENCY, ITS * AGENTS, EMPLOYEES, 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 GOVERNMENT AGENCY, ITS AGENTS, * EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY * LAW. THE FOREGOING RELEASE AND INDEMNIFICATION SHALL APPLY EVEN IF THE LIABILITIES, DEMANDS, DAMAGES, * EXPENSES OR LOSSES ARE CAUSED, OCCASIONED, OR CONTRIBUTED TO BY THE NEGLIGENCE, SOLE OR CONCURRENT, OF * GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT. 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 * 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: Pinal C. Patel . * */