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Cougaar Open Source License Agreement [1999] PubRL 6 (1 January 1999)

The Cougaar Open Source License Agreement

Version: No

Copyright: 1999-2002 The Cougaar Group. All Rights Reserved.

URL: http://cougaar.org/docman/view.php/17/126/old_cosl_license.html

Type: Software

Media: Software

Country: USA

Licence text

This Cougaar Open Source License Agreement (the 'Agreement') sets forth the terms and conditions under which the Cougaar Software (as defined below), sponsored by the Defense Advanced Research Agency, will be licensed by BBNT Solutions, LLC ('BBN') or other identified copyright holder called ('Licensor') to you ('Licensee' or 'You'), and under which Derivative Works (as defined below) of Cougaar Software will be licensed by Licensee to Licensor and the Cougaar Group. 

Definitions: 

 'Cougaar Software' means the Cognitive Agent Architecture software originally created and released by Licensor under this Agreement. 

'Cougaar Site' means the web site available at the URL http://www.cougaar.org or such other URL as provided to Licensee by Licensor. 

'Cougaar Group' means the administrative body responsible for the Cougaar Site and the body acting on behalf of the Cougaar development community to manage the development of the technology and facilitate transition and adoption.  The Cougaar Group can be contacted for questions or submission of Derivative Work(s) at cougaar@cougaar.org.

'Core Architecture' means the foundation classes, services, data structures and logic providers which constitute the non-application component Cougaar Agent.  This does not include PlugIns, PSPs, Servlets, Binders, Logic Providers, Assets, Scoring Functions, Predictors and Domain Data Models.

'PlugIn-Type Components' means any set of PlugIns, PSPs, Servlets Binders, Logic Providers, Assets, Scoring Functions, Predictors and/or Domain Data Models.  These components represent the application specific components of a Cougaar Agent.  PlugIn-Type Components does not include the foundation classes, services, data structures and logic providers of the Core Architecture.  

'Cougaar Agent' means the software capability created by assembling a set of PlugIns into an instantiation of the Core Architecture for the purposes of providing some application specific functionality.

'Cougaar Application' means the collection of one or more agents that constitute a domain specific software program.

'Derivative Work' means any revision, enhancement, modification, translation, abridgement, condensation or expansion of the Cougaar Software created by Licensee.  This does not include development of PlugIn-Type Components which are subclassed from Cougaar classes in the Cougaar Core Architecture or from any examples and training material provided on the Cougaar Site.

'Executable Code' means the fully compiled version of a software program that can be executed by a computer and used by an end user without further compilation.

 'Freely Available' means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute such item under the same terms and conditions that they received it.  

'Licensee Software' means any software owned or licensed by Licensee that does not include Source Code of the Cougaar Software. 

Source Code means the human-readable version of a software program. 
 

Terms: 

1. Licensor maintains all rights, title and interest in and to the Cougaar Software, including, without limitation, all applicable copyrights, trade secrets, patents and other intellectual property rights therein.  

2. Licensor hereby grants to Licensee a royalty free, transferable, perpetual, irrevocable, worldwide right and license to use, modify, copy, distribute, publicly perform, publicly display, and make Derivative Works of the Cougaar Software in Source Code and/or Executable Code formats, and sublicensing rights of any of the foregoing in accordance with the terms and conditions of this Agreement, provided that Licensee duplicates all of the original copyright notices and associated disclaimers.  

3. Licensee may use, sell or give away the Cougaar Software or any Derivative Work, alone or as a component of an aggregate software distribution containing Licensee Software, Cougaar Applications and/or programs from several different sources.  No royalty or other fee is required. If Licensee sublicenses the Cougaar Software or Derivative Works, Licensee may charge fees for warranty or support, or for accepting indemnity or liability obligations of customers, provided that Licensee does not charge for the Cougaar Software or Derivative Work. 

4. Licensee maintains all rights, title and interest in and to any Licensee Software and any Derivative Work, including, without limitation, all applicable copyrights, trade secrets, patents and other intellectual property rights therein.  Licensee hereby grants to Licensor and the Cougaar Group a royalty free, worldwide right and license to use, copy, distribute and make derivative works of Derivative Works and sublicensing rights of any of the foregoing. Licensee understands and agrees that it shall place any and all Derivative Works in the public domain or otherwise make them Freely Available for a reasonable copying fee as requested.  This agreement does not extend to Licensee developed PlugIn-Type Components unless the Licensee chooses to contribute them back to the community, at which time they would be treated as a Derivative Work for licensing purposes.  The Licensee is under no obligation to contribute Licensee developed PlugIn-Type Components back to community.

5. Licensee understands and agrees that its right to create Derivative Works is subject to the requirement that it shall insert a prominent notice in each changed file of the Derivative Work stating how and when Licensee modified that file or made such Derivative Work. Licensee further understands and agrees that it shall either place a copy of any and all Derivative Work(s) on the Cougaar Site or mail a copy of any and all Derivative Work(s) to the Cougaar Group within 90 days of developing the Derivative Work(s).  

6. Licensee must duplicate this Agreement in any documentation provided along with the Source Code of the Cougaar Software or any Cougaar Application which Licensee distributes, wherever Licensee describe recipientsï¾’ rights relating to Cougaar Software and/or Cougaar Application.  Licensee must duplicate the following notice (the 'Notice') in each file of the Source Code of any copy of the Cougaar Software the Licensee distributes: 
 

/* 
 * <copyright> 
 *  Copyright 1997-2001 (Orig Developer Company Name Here) 
 *  under sponsorship of the Defense Advanced Research Projects 
 *  Agency (DARPA). 
 *  
 *  This program is free software; you can redistribute it and/or modify 
 *  it under the terms of the Cougaar Open Source License as published by 
 *  DARPA on the Cougaar Open Source Website (www.cougaar.org).  
 *  
 *  THE COUGAAR SOFTWARE AND ANY DERIVATIVE SUPPLIED BY LICENSOR IS  
 *  PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR  
 *  IMPLIED, INCLUDING (BUT NOT LIMITED TO) ALL IMPLIED WARRANTIES OF  
 *  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WITHOUT  
 *  ANY WARRANTIES AS TO NON-INFRINGEMENT.  IN NO EVENT SHALL COPYRIGHT  
 *  HOLDER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL  
 *  DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF DATA OR PROFITS,  
 *  TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR  
 *  PERFORMANCE OF THE COUGAAR SOFTWARE.  
 *  
 * </copyright> 
 * 
 * CHANGE RECORD 
 * - 12 June 1999: modified by (Subsequent Developer Company Name Here) to  
 *   add feature X. 
 * - 7 Dec 2000: modified by (Subsequent Developer Company Name Here) to  
 *   fix bug Y. 
 */ 

If You created a Derivative Work, You may add Your name as a contributor to the Notice.  If it is not possible to put the Notice in a particular Source Code file due to its structure, then You must include the Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. 

7. Any data and/or images supplied by Licensee as input to or produced as output from the Cougaar Software belong to Licensee, as applicable, and may be sold commercially, and may be aggregated with the Cougaar Software.   Any PlugIn-Type Component developed by the Licensee is the sole property of the Licensee and is not considered a derivative work.  Cougaar applications composed of one or more Licensee developed PlugIn-Type Components may be marketed and sold commercially as Licensee products providing it includes the appropriate Cougaar License and web site references.

8. Licensor makes no representation about the suitability of the Cougaar Software for any purposes. Licensor shall have no duty or requirement to include any Derivative Work into the Cougaar Software.  

9. Each party hereto represents and warrants that they have the full unrestricted corporate authority to grant all rights and licenses granted to the other party herein.  

10. THE COUGAAR SOFTWARE AND ANY DERIVATIVE WORK ARE PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WITHOUT ANY WARRANTIES AS TO QUIET ENJOYMENT OR NON-INFRINGEMENT.  

11. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF DATA OR PROFITS, TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE COUGAAR SOFTWARE OR DERIVATIVE WORK, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND.  IN NO EVENT SHALL EITHER PARTY BE ENTILTED TO ANY MONETARY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION ALLEGED.  TO THE EXTENT THAT THIS EXCLUSION OF DAMAGES IS NOT VALID, THE PARTIES AGREE THAT IN NO EVENT WILL EITHER PARTYï¾’S LIABILITY UNDER THIS AGREEMENT EXCEED $10.  THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT ARE INDEPENDENT OF EACH AND EVERY EXCLUSIVE AND LIMITED REMEDY THAT EITHER PARTY MAY HAVE. EACH PARTY ACKNOWLEDGES THAT THE CONSIDERATION GRANTED UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK AGREED TO BY THE PARTIES AND THAT NEITHER PARTY WOULD HAVE ENTERED INTO THIS AGREEMENT WITHOUT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN. 

12. Each party (the 'Indemnifying Party') hereby understands and agrees to defend, indemnify, and hold harmless the other party (the 'Indemnified Party') from all actions brought against the Indemnified Party (and any related losses, expenses, or attorneyï¾’s fees) arising out of, or relating to any claim that the software licensed by the Indemnifying Party to the Indemnified Party under this Agreement misappropriates or infringes upon, as applicable, a United States ('U.S.') patent that is issued by the date the software giving rise to such action is delivered to the Indemnified Party, a U.S. copyright or trademark, or a trade secret recognized as such under the Uniform Trade Secret law. In addition, Licensee agrees to indemnify the Licensor for any liability incurred by the Licensor as a result of warranty, support, indemnity or liability terms offered by Licensee. 

13. Without limitation of the foregoing, Licensee agrees to commit no act which directly or indirectly, would violate any U. S. law, regulation, or treaty, or any other international treaty or agreement to which the United States adheres or with which the United States complies, to the extent such law, regulation, treaty or agreement relates to the export or re-export of any commodities, software, or technical data.  

14. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all communications between the parties relating thereto.  

15. This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia, United States of America, without giving effect to its internal principals of conflict of laws.  Notwithstanding the foregoing, the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any action brought in connection with this Agreement must be brought exclusively in either the U.S. District Court for the Eastern District of Virginia (Alexandria Division) or the state courts located in Fairfax County, Virginia, and the parties hereby irrevocably consent to the jurisdiction of such courts. 

16. If any provision of this Agreement is held invalid, such invalidity shall not affect other provisions or application of the Agreement which can be given effect without the invalid provision or application, and to this end of the provisions of this Agreement are declared to be severable.