-
Notifications
You must be signed in to change notification settings - Fork 4
/
README_DISCLAIMER_AND_ACKNOWLEDGEMENT.txt
102 lines (83 loc) · 5.22 KB
/
README_DISCLAIMER_AND_ACKNOWLEDGEMENT.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
====
Copyright (c) 2008-2016, Massachusetts Institute of Technology (MIT)
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====
DISCLAIMER OF LIABILITY NOTICE:
The United States Government shall not be liable or responsible for
any maintenance, updating or for correction of any errors in the NICS
Software or subsequent approved version releases.
THE NICS SOFTWARE VERSION 1.0 AND ANY OF ITS SUBSEQUENT VERSION
RELEASES, (NICS 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 NICS SOFTWARE WILL CONFORM TO
SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY
THAT THE NICS SOFTWARE WILL BE ERROR FREE, OR ANY WARRANTY THAT THE
DOCUMENTATION, IF PROVIDED, WILL CONFORM TO THE NICS SOFTWARE. IN NO
EVENT SHALL THE UNITED STATES GOVERNMENT OR ITS CONTRACTORS OR
SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT
OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE NICS SOFTWARE OR
ANY OTHER PROVIDED DOCUMENTATION, WHETHER OR NOT BASED UPON WARRANTY,
CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY
PERSONS OR PROPERTY OR OTHERWISE, AND WHETHER OR NOT LOSS WAS
SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE NICS
SOFTWARE OR ANY PROVIDED DOCUMENTATION. THE UNITED STATES GOVERNMENT
DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD PARTY
SOFTWARE, IF PRESENT IN THE NICS SOFTWARE, AND DISTRIBUTES IT “AS IS.”
LICENSEE AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST THE U.S.
GOVERNMENT AND THE UNITED STATES GOVERNMENT’S CONTRACTORS AND
SUBCONTRACTORS, AND SHALL INDEMNIFY AND HOLD HARMLESS THE U.S.
GOVERNMENT AND THE UNITED STATES GOVERNMENT’S CONTRACTORS AND
SUBCONTRACTORS FOR ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES, OR
LOSSES THAT MAY ARISE FROM RECIPIENT’S USE OF THE NICS SOFTWARE OR
PROVIDED DOCUMENTATION, INCLUDING ANY LIABILITIES OR DAMAGES FROM
PRODUCTS BASED ON, OR RESULTING FROM, THE USE THEREOF.
ACKNOWLEDGEMENT NOTICE:
To acknowledge the contribution of U.S. government sponsors,
including DHS and the Office of the Assistant Secretary of Defense
for Research and Engineering in the development of the NICS Software,
the following statement must be prominently placed on any DHS
approved release of the NICS Software.:
This NICS Software Program was developed with funds from the
Department of Homeland Security’s Science and Technology Directorate
and the Office of the Assistant Secretary of Defense for Research and
Engineering.
The identities “DHS NICS” and “NICS” constitute intellectual property
of DHS, and shall be used according to the following terms:
(i) DHS hereby licenses the use of “NICS” to facilitate the
uploading of the NICS Software, including any enhancements,
improvements, modifications, and derivatives thereof, to MIT LL and
the Homeland Security Enterprise.
(ii) As a condition of that license:
A. No user shall use the “DHS NICS” identity, or any
variation or adaptation thereof, other than “NICS” in any
enhancement, improvement, modification or derivative work without the
prior written consent of DHS.
B. No user shall make any trademark claim
to the “DHS NICS” and “NICS” identities, or any other confusing
similar identity, and no user shall seek registration of these
identities at the U.S. Patent and Trademark Office.
(iii) Request to use the NICS Trademark By Non HSE Users:
A. Users not part of the HSE may request
permission to use the NICS trademark via email at [email protected].