Software, as understood herein, shall be broadly interpreted as being inclusive of algorithms, source code, object code, data bases and related documentation, all of which shall be furnished free of charge to the Registrant.
Corrections, upgrades or enhancements may be furnished and, if furnished, shall also be furnished to the Registrant without charge. NOAA, however, is not required to develop or furnish such corrections, upgrades or enhancements.
NOAA's software, whether that initially furnished or corrections or upgrades, are furnished "as is." NOAA furnishes its software without any warranty whatsoever and is not responsible for any direct, indirect or consequential damages that may be incurred by its use by the Registrant. Warranties of merchantability, fitness for any particular purpose, title, and non-infringement, are specifically negated.
The Registrant is not required to develop any software related to the requested software. However, in the event that the Registrant does so, the Registrant is required to offer same to NOAA for inclusion under this registration agreement along with documentation regarding its principles, use and its advantages. This includes changes to the UPP only. The software required to be offered shall not include additional models to which the UPP may be coupled. The software provided by the Registrant shall be consistent with the latest UPP version available to the Registrant, and interface routines to the software provided shall conform to programming standards as outlined in the UPP documentation. The software offered to NOAA shall be offered as is, without any warranties whatsoever and without any liability for damages whatsoever. NOAA shall not be required to include a Registrant's software as part of its software. Registrant's offered software shall not include software developed by others.
A Registrant may reproduce sufficient copies of the software to satisfy its needs. All copies shall bear the name of the software with any version number as well as replicas of any notices and credit lines and of any applied copyright and/or trademark notices. Additionally, if the copies have been modified, e.g. with deletions or additions, this shall be so stated and identified.All of Registrant's associates or employees who have a need to use the software may have access to the software but only after reading this agreement and stating, in writing, that they have read and understood it and have agreed to its terms. The Registrant is responsible for employing reasonable efforts to assure that only those of its employees that should have access to the software, in fact, have access.
The Registrant may use the software for any purpose relating to atmospheric state prediction.
No disclosure of any portion of the software, whether by verbal means or via media, may be made to any third party by the Registrant or by the Registrant's associates or employees.
The Registrant is responsible for compliance with any applicable export or import control laws of the United States.