Fort Collins Science Center
Biological Resources Discipline, USGS
U.S. Department of the Interior
This agreement, in compliance with the Freedom of Information Act (43 CFR, Part 2), serves as evidence of the mutual understanding governing the transfer and subsequent use of computer software developed by the Fort Collins Science Center (FORT). The undersigned, as an independent individual or as the responsible official of the firm, institution, association, government agency, or other such group, agrees that all its members, affiliates, and employees will abide by the conditions listed below. Conditions 1 and 2 specifically apply to non-governmental entities, including corporations, private individuals, and profit-making associations:
- The computer programs are furnished by FORT and are accepted and used by the recipient individual or group entity with the express understanding that the United States Government makes no warranties, expressed of implied, concerning the accuracy, completeness, reliability, usability, or suitability for any particular purpose of the information or data contained in the programs, or furnished in connection therewith, and the United States shall be under no liability whatsoever to any such individual or group entity by reason of use thereof.
- There will be no operational support (including technical assistance) of software or documentation transferred from FORT to a government entity unless specifically funded through a current fiscal year agreement, such as Program Advice, interagency or cooperative agreement, or other appropriate arrangement. FORT cannot provide operational support to non-governmental entities.
- FORT programs were developed by the Federal Government with public funds. Therefore, it is illegal to assert any proprietary rights thereto or to represent the programs to anyone as other than Government programs. The programs should be used only in the public interest and/or the advancement of science. The recipient will not imply proprietary possession of these programs in seeking clients for their application in either the public or private sectors. The recipient may charge clients for the ordinary cost of applying these programs.
- The recipient also understands that the current programs and all documents related thereto may be discontinued from further support or maintenance by FORT at any time. When FORT supports or maintains an updated version of any program and/or related document, the recipient can request the newest version. FORT may notify recorded users of updates and new products at FORT's initiative, but such notifications are subject to budget and policy constraints. Recipients are not afforded any sort of subscription service.
- All recipient-modified program source code and documentation should acknowledge the appropriate source of the parent computer program and algorithm. The recipient shall not represent modified FORT programs or documentation or outputs from the programs as original FORT products. Reference shall be made to the FORT software, as modified by the recipient. Recipients who modify or enhance FORT software shall notify FORT of the programs and/or algorithms modified and shall provide FORT with copies of those changes. FORT reserves the right to provide future revisions and enhancements of programs provided under this understanding. Recipients are encouraged not to assert proprietary rights to any enhancements because work at FORT may duplicate or surpass their efforts.
- If the source code or documentation of FORT programs are transferred to a third party, a copy of this Memorandum of Understanding shall accompany those products, and FORT shall be notified of the transfer. This notification shall include the name, address, and telephone number of the third party. Announcements of updates and releases of new FORT programs may be provided, at FORT's initiative, to all recorded users of FORT software. For purposes of this memorandum, "third party" refers to any physical host computer facility other than at the original recipient's location.
- All documents and reports conveying information obtained as a result of the use of original FORT programs, by either recipient or third party users, shall acknowledge their origin as being the Fort Collins Science Center, United States Department of the Interior. If the programs have been modified and/or are not longer supported or maintained by FORT, this status shall be stated in the acknowledgment.
- The recipient understands that the acknowledgment of the Fort Collins Science Center, Biological Resources Discipline, USGS, shall not explicitly or implicitly be used to support the specific analysis, interpretations, or other findings of an application or study utilizing these computer programs.