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Software Dissemination

Software Licensing Basics at JPL

Caltech owns copyrights to all JPL developed software. Although all of the software developed at JPL is protected by copyright, any software has the potential of becoming patentable. If Caltech files for a patent and receives monetary compensation for the software then the innovators at JPL will receive a portion of the royalty collected.

Caltech has agreed to grant the U.S. Government and its contractors a license to use the software at no cost. This is referred to as a "government use" license.

At Caltech and JPL's discretion, other potential users can license the software under the following terms:

  • Research organizations can license software at no cost for research use.
  • Commercial companies can receive evaluation licenses or royalty or fee based licenses for for-profit use.

Consequences of Non-Compliance

  • Criminal penalties exist for the illegal export of technology, including software.
  • Caltech can lose the ability to commercialize software if that software has been disseminated without license terms. Along with that, the developers of the software can lose royalty income.

Use of JPL Developed Software

JPL employees and on-site contractors are entitled to use JPL developed software for projects and programs they are working on.

The U.S. government has a license to all software developed under the prime contract (this includes software developed under reimbursable programs).

Note that the developers of the software do not have an obligation to support the software. Therefore it's important for licensees to understand that Caltech/JPL software us delivered "as is" and there is no support unless a support contract is negotiated to assist the recipient.

Delivering software to a foreign national on-lab may be considered an export violation. Therefore it is important to contact the Office of Export Compliance (OEC) when transferring any software to a foreign national.

Releasing Software

Software Licensing Steps at JPL (Non-Commercial Software)

  1. Potential licensee requests software through website. (download.jpl.nasa.gov)
  2. SRA verifies that software has been reported into NTR system, or asks software developer to submit one.
  3. SRA verifies information and eligibility of licensee (This often requires the SRA to contact licensee).

    NOTE: If the software is being transferred to a foreign interest then the SRA sends license information to the Office of Export Compliance (OEC) for approval which can add significant time to the execution of a foreign license.

  4. SRA prepares notification of request for all relevant parties.

    NOTE: If the software is to be released as open source then the SRA will send an "Authorization to Release Software as Open Source" form to be completed and signed by several JPL/Caltech Stake-holders which may add a considerable amount of time to the software transfer process.

  5. Email should include any background that SRA is aware of that parties should know.
  6. Notified parties are given 5 business days to respond via email with concerns or issues.
  7. No response implies concurrence.
  8. The SRA drafts license based on standard templates written by OGC.
  9. SRA sends cover letter to U.S. government agencies since no signature is necessary when sending software to the U.S. government.

    NOTE: If request is an alteration of a an existing license, SRA will consult with Office of General Counsel

  10. After receiving the signed license, the SRA uploads it into the JPL Software Download System Database for future reference.
  11. SRA authorizes software developer to transfer software to licensee.
  12. Software Transfer Completed!

Software Licensing Steps at JPL (Commercial Software)

  1. Potential licensee requests software through website. (download.jpl.nasa.gov)
  2. SRA verifies that software has been reported into NTR system, or asks software developer to submit one.
  3. SRA verifies information and eligibility of licensee (This often requires the SRA to contact licensee).
  4. SRA contacts License Agent at Caltech Office of Technology Transfer (OTT) and transfers license information to OTT.
  5. OTT will work with the licensee to work out the best possibly fee-based commercial license and then work with the PI to transfer to the software to the licensee.
  6. Software Transfer Completed!