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.
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,
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.
implementation or use of the
Covered Technology by You or
distribution or otherwise making the Covered Technology available to a third
''Contributor'' means each
entity that creates or contributes to the creation of Modifications.
''Contributor Version'' means
the combination of the Original Technology, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor.
''Covered Technology'' means
the Original Technology or Modifications or the combination of the Original
Technology and Modifications, in each case including portions thereof.
''Device'' means any physical
apparatus derived from the Covered Technology in any form.
Mechanism'' means a mechanism generally accepted for the electronic transfer of
''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.
''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
''Initial Developer'' means AURA-NOAO. The terms ãInitial Developerä
and ãAURA-NOAOä may be used interchangeably in this License.
''Larger Work'' means a work which combines Covered Technology or
portions thereof with technology not governed by the terms of this License.
''License'' means this document.
"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.
''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
Any addition to or deletion
from the contents of the Original Technology or previous Modifications.
Any new technology that
contains any part of the Original Technology or previous Modifications.
''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
ãMonsoon Image Acquisition Systemä or ãMonsoonä means the Original
''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
"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.
''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.
''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.
''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.
"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:
the power, direct or indirect,
to cause the direction or management of such entity, whether by contract or
ownership of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
126.96.36.199.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).
The licenses granted in this
Section 188.8.131.52 and 184.108.40.206 are effective on the date AURA-NOAO first distributes
Original Technology under the terms of this License.
Notwithstanding Section 220.127.116.11
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.
18.104.22.168.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).
The licenses granted in
Sections 22.214.171.124 and 126.96.36.199 are effective on the date Contributor first makes Use of the
Notwithstanding Section 188.8.131.52
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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
automatically terminate at the expiration of the 60 day notice period specified
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 184.108.40.206 and 220.127.116.11 are
revoked effective as of the date You first made, used, sold, distributed, or
had made, Modifications made by that Participant.
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
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.
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.
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 Arizona
law (except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in which at
least one party is a citizen of, or an entity chartered or registered to do
business in the United
States of America, any litigation relating
to this License shall be subject to the jurisdiction of the United States
District Court for the District of Arizona.Ê
In any judicial action or arbitration brought in connection with this License,
the losing party shall be responsible for all costs, including without
limitation, court costs and reasonable attorneys' fees and expenses of both
parties. The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter
shall not apply to this License.
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.
AURA-NOAO may designate portions of the Covered Technology as
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.
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.
Portions created by:
______________________ are Copyright (C)
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.]