MSIS® (NRL-SOF-014-1) SOFTWARE OPEN SOURCE ACADEMIC RESEARCH LICENSE AGREEMENT 1. Agreement. The MSIS® empirical atmospheric model software (hereinafter “Software”) is property of The Government of the United States of America. This software is being made available under the following terms and conditions. By using, modifying, reproducing, or preparing a derivative work of this Software, you agree to abide by the terms and conditions herein. 2. License. In accordance with federal law, authorization is given to use, reproduce, and modify the Software solely for research, academic, and non-profit purposes and only in accordance with the terms and conditions in this Agreement. Any commercial use is prohibited. No other rights or permissions are provided. 3. Basis. The Software was written by employees of the U.S. Naval Research Laboratory (NRL) and is property of the United States Government, as represented by the Secretary of the Navy. MSIS® is a registered trademark of the Government of the United States of America, as represented by the Secretary of the Navy. Unauthorized use of the trademark is prohibited. 4. Restrictions and Use. a. Sales. A user of the Software shall not sell, or license, or transfer for a fee the Software or portion thereof, or any derivative work of the Software, or any data products generated by the Software, without first obtaining the written consent of IP Counsel for the Naval Research Laboratory. b. Modifications. All modifications to the Software and derivative works of the Software (including translations to other programming languages) shall carry prominent notices stating how the files were changed and the date of the change. Any party who modifies the Software shall deliver the modified portion of the Software to authors or NRL Code 7630, U.S. Naval Research Laboratory. Any reproductions, modified versions of the Software, or derivative works shall be made available to the public as open source software. A party who modifies the Software or creates a derivative work of the Software hereby grants the Government of the United States of America a non-exclusive, irrevocable, fully paid-up license to such modifications and derivative works, and shall deliver such derivative works, including any source code, data, or information that pertains to such derivatives works, to Code 7630, U.S. Naval Research Laboratory. If any modifications to the Software substantially change the model output (including, but not limited to, alterations of the model formulation or model parameter values), then the modified Software shall not be identified “MSIS” without first obtaining the written consent of Counsel, Office of Naval Research, Department of the Navy. In such cases, the MSIS acronym shall nonetheless still appear in the individual files in order to document the provenance of the modified Software. c. Notices. Each copy of the Software, any modified Software, or derivative work shall include a file containing this Agreement. Any software package that incorporates the MSIS® Software or derivative work shall include the following statement: "This software incorporates the MSIS® empirical atmospheric model software designed and provided by NRL. Use is governed by the Open Source Academic Research License Agreement contained in the file nrlmsis2.1_license.txt." 5. Disclaimer of Warranty and Liability: As the owner of the MSIS® software, the Government of the United States of America: (1) Disclaims any warranties, express, or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, (2) Does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the software, (3) Does not represent that use of the software would not infringe privately owned rights, (4) Does not warrant that the software will function uninterrupted, that is error-free or that any errors will be corrected. 6. No Support. The Software is provided without any support or maintenance, and without any obligation to provide modifications, improvements, enhancements, or updates of the Software. No oral or written information or advice given by the NRL authors shall create a warranty or in any way modify this agreement. Should the Software prove defective, the user (and not NRL or any NRL representative) assume the cost of all necessary correction.