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Academic and/or Non-profit Internal Research End User Agreement
Massachusetts Institute to Technology (hereafter MIT) and Deutsches Zentrum für Luft und Raumfahrt
(hereafter DLR) are the owners of certain rights, title and interest in software disclosed under MIT Case
No. 24519J, "Autonomous Rendezvous with an Uncertain, Uncooperative Tumbling Target" by Keenan
Albee, Richard Linares, Charles Oestreich, Roberto Lampariello, Hrishik Mishra, Caroline Specht, and Antonio Teran
(as further defined herein, the “Software”), and have the right to grant licenses thereunder.
This Academic and/or Non-profit Internal Research End User Agreement (the “Agreement”), sets forth
the terms of use governing your (the “End User”) use of the Software. The Software is being released on
Github for free by MIT and DLR to the End User solely for academic and/or non-profit internal research
purposes (the “Purpose”).
FOR AVOIDANCE OF DOUBT, THE PURPOSE DOES NOT PERMIT USE OF THE SOFTWARE IN
HUMANS OR IN CONNECTION WITH HUMAN SUBJECTS, INCLUDING FOR DIAGNOSTIC OR
OTHER CLINICAL RESEARCH PURPOSES.
Absent your agreement to the terms below (the “Agreement”), you (the “End User”) have no right to
access or use the Software whatsoever.
MIT and DLR agree to grant, hereunder, a non-exclusive, non-transferable, non-sublicensable license to
End User for the use of the Software solely for the Purpose on the following terms and conditions:
1. NO REDISTRIBUTION; RESTRICTIONS ON USE. Software remains the property of MIT
and DLR and End User shall not: (a) publish, distribute, or otherwise transfer or make available
the Software to any other third party for any purpose whatsoever; (b) merge, reverse engineer,
decompile or reverse assemble the Software or any portion thereof; and (c) modify, derivatize,
rewrite, or otherwise adapt the Software in any way, except as necessary to install and use the
Software for the Purpose in accordance with the terms herein.
2. NO COMMERCIAL USE. End User shall use the Software for the Purpose only and shall not
use the Software for commercial purposes; any such use of the Software is expressly prohibited.
Commercial purposes include, but are not limited to, use of the Software in fee-for-service
arrangements, core facilities or laboratories, to create or include within commercial products or
services, or to provide research services to third parties for a fee. If End User wishes to use
Software for commercial purposes, or for other purposes not permitted herein, End User must
execute a separate written license agreement with MIT or DLR.
In order to request use of the Software for commercial purposes, or for other purposes not
permitted herein, please contact:
MIT Technology Licensing Office
255 Main Street
Cambridge, MA 02142
Tel.: 617-253-6966
Email: software-licenses@mit.edu.
Notwithstanding the foregoing, and for avoidance of doubt, MIT and DLR are under no
obligation to grant any commercial rights to an End User.
3. OWNERSHIP AND COPYRIGHT NOTICE. This Agreement does not transfer any ownership
of the Software to End User. All right, title and interest in and to the Software, and any
intellectual property or proprietary rights therein, will remain with MIT and DLR. End User
acknowledges that the Software may be covered by MIT’s or DLR’s copyrights, patents, or,
patent applications. End User acknowledges that there may be third party code contained within
the Software that may be governed by separate terms and conditions and End User agrees to
comply with such separate terms and conditions. End User shall not remove or delete and shall
retain in the Software and any modifications to Software, the copyright, trademark, or other
notices pertaining to the Software as are provided with the Software.
4. FEEDBACK. In order to improve the Software, comments from End Users may be useful. End
User agrees to provide MIT and DLR with feedback on the End User’s use of the Software (e.g.,
any bugs in the Software, the user experience. etc.) (collectively, “Feedback”). Feedback should
be sent to: Keenan Albee at keenan.albee@gmail.com. MIT and DLR are permitted to use
Feedback to make changes and improvements to the Software without any compensation or an
accounting to End User. End User acknowledges that MIT and DLR may develop modifications
to the Software that may be based on Feedback without attribution to the End User. MIT and
DLR shall not be restricted in any way by End User regarding MIT’s or DLR’s use of such
Feedback.
5. INTELLECTUAL PROPERTY. End User agrees not to file any patent applications that are
related to, or claim, any portion of the Software.
6. PUBLICATION & ATTRIBUTION. End User has the right to publish, present, or share results
derived from the use of the Software. If utilization of the Software results in outcomes which will
be published, End User shall acknowledge MIT and DLR as the provider and MIT and DLR as
the owners of the Software, shall specify the version of Software used, and include the following:
“Copyright Notice and Disclaimer. © MIT and DLR 2024 used with permission. All Rights
Reserved.”
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL MIT OR DLR BE LIABLE TO END
USER, IN CONTRACT, TORT OR OTHERWISE, FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND
WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE
SOFTWARE AND/OR USE OF THE SOFTWARE, EVEN IF MIT OR DLR ARE
NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER MIT OR
DLR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE
SOFTWARE IS AT END USER’S OWN RISK. IF END USER IS DISSATISFIED WITH THE
SOFTWARE, ITS EXCLUSIVE REMEDY IS TO STOP USING IT.
8. DATA AND OTHER INFORMATION SUPPLIED BY END USERS. Any data,
communication or other information End User transmits to MIT or DLR will be deemed to be
non-confidential and non-proprietary.
9. NO WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS.” TO THE FULLEST
EXTENT PERMITTED BY LAW, MIT AND DLR HEREBY DISCLAIM ALL WARRANTIES
OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND
NON-INFRINGEMENT. MIT AND DLR MAKE NO WARRANTY ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR
QUALITY OF THE SOFTWARE. MIT AND DLR DO NOT WARRANT THAT THE
SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE
SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPUTER
CODE.
10. INDEMNIFICATION. To the fullest extent permitted by law, End User shall indemnify, defend
and hold harmless MIT and DLR and their respective affiliates, current or future directors,
trustees, officers, faculty, employees, students and agents and their respective successors, heirs
and assigns (the “Indemnitees”), against any liability, damage, loss or expense (including
reasonable attorney’s fees and expenses of litigation) incurred by or imposed upon the
Indemnitees or any one of them in connection with any claims, suits, actions, demands or
judgments arising from End User’s access to and/or use of the Software except to the extent
directly caused by the gross negligence or willful misconduct of an Indemnitee.
11. GOVERNING LAW. This Agreement and all disputes arising hereunder shall be construed and
governed by the laws of the Commonwealth of Massachusetts regardless of otherwise applicable
choice of law standards.
12. NON-USE OF NAME. Nothing in this Agreement shall be construed as granting End Users or
their institutions any rights or licenses to use any trademarks, service marks or logos displayed on
the Software. End User shall not otherwise use or allow the use of the name of “Massachusetts
Institute of Technology,” “MIT,” “Deutsches Zentrum für Luft und Raumfahrt,” “DLR,” or any
variation, adaptation, or abbreviation thereof, or of any of its trustees, officers, faculty, students,
employees, or agents, or any trademark owned by MIT or DLR, in any other public
announcement or disclosure without prior written consent. MIT and DLR consent can be
requested by email (via tlo-uon@mit.edu), which MIT or DLR may withhold in its sole
discretion. If End User seeks to use the name of an individual trustee, officer, faculty, student,
employee or agent, End User must receive the written consent of such individual.
13. MISCELLANEOUS. This Agreement represents the entire agreement between the parties with
respect to the subject matter hereof and supersedes any prior negotiations or discussions, whether
written or oral. End User shall use the Software in compliance with all applicable laws and
regulations. These terms may be modified or amended only in writing signed by authorized
representatives of MIT or DLR. This Agreement may not be assigned. The failure of MIT or DLR
to enforce at any time any of the provisions of the Agreement will in no way be construed to be a
present or future waiver of such provisions, nor in any way affect the ability to enforce each and
every such provision thereafter.
END OF LICENSE
---
Some of TRACE's messages and interface code are derived from those created by NASA's Astrobee project,
licensed under Apache v2.0:
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the
License for the specific language governing permissions and limitations
under the License.