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[netCDF #HNL-766412]: Requesting License Agreement negotiation and modification for UniData - NetCDF SLA



Hi Jeff,

> We have a requirement to use your UniData - NetCDF SW but before we
> can use or distribute internally this Software Product, as the Sub
> Contract Administrator, it is my responsibility to work with each and
> every software supplier to negotiate the License Agreement Terms and
> Conditions of use...

It's "Unidata", not "UniData".  It's freely available and open source, so 
there is actually no way you can restrict its use or distribution.  Anyone
who wants it can download it and use it under the very liberal conditions of
the open source license, of which that you've attached copies.

> Before we can use and internally distribute this product I need to have a
> License Agreement in place under United Launch Alliance's name.  I have
> attached the License Agreement for the UniData - NetCDF SW product that
> we require and that was directed to me..
> 
> The question is will you allow for modification negotiation..?  Due to
> the fact that we are a Government Contractor we have certain clauses
> (Usage, warranty, and indemnification) that we are required to have in
> place (see the Supplement Sample for reference to clauses)...
> 
> If you do NOT allow for License Agreement modification will you consider
> using a Supplemental attachment that is written as an addition to and
> read in concert with your Agreement addressing our concerns..?  I have
> attached a SAMPLE of the Supplemental Amendment that we use...
> 
> If neither of these are acceptable to you then I will require a No Mod
> statement from you for my files then I will need to get IT Management,
> IT Security, and Risk Management acceptance of this as a risk to ULA
> and get their approval to proceed before I can purchase...

There's no purchase involved, since it's freely available.  It's already
in use by hundreds of organizations, both US Government and commercial,
and thousands of users, none of whom has ever requested a change in our
license.  I don't see any incentive for us to make changes in the license
just for United Launch Alliance.  It's offered on a take-it-or-leave-it 
basis.  So consider this a "No Mod" statement.

We don't have the resources to negotiate license changes, especially as
there seems to be no benefit to us in doing so.  Sorry to be blunt, but
you aren't paying us anything, and we're offering you free use of valuable
software.

--Russ Rew

Russ Rew                                         UCAR Unidata Program
address@hidden                      http://www.unidata.ucar.edu



Ticket Details
===================
Ticket ID: HNL-766412
Department: Support netCDF
Priority: Normal
Status: Closed