WAVEWATCH III^® Software License

Software, as understood herein, shall be broadly interpreted as being inclusive of algorithms, source code, object code, data bases and related documentation, all of which shall be furnished free of charge to the Licensee.

Corrections, upgrades or enhancements may be furnished and, if furnished, shall also be furnished to the Licensee without charge. NOAA, however, is not required to develop or furnish such corrections, upgrades or enhancements.

NOAA's software, whether that initially furnished or corrections or upgrades, are furnished "as is". NOAA furnishes its software without any warranty whatsoever and is not responsible for any direct, indirect or consequential damages that may be incurred by the Licensee. Warranties of merchantability, fitness for any particular purpose, title, and non-infringement, are specifically negated.

The Licensee is not required to develop any software related to the licensed software. However, in the event that the Licensee does so, the Licensee is required to offer same to NOAA for inclusion under the instant licensing terms with NOAA's licensed software along with documentation regarding its principles, use and its advantages. This includes changes to the wave model proper including numerical and physical approaches to wave modeling, and boundary layer parameterizations embedded in the wave model The Licensee is encouraged but not obligated to provide pre-and post processing tools for model input and output. The software required to be offered shall not include additional models to which the wave model may be coupled, such as oceanic or atmospheric circulation models. The software provided by the Licensee shall be consistent with the latest model version available to the Licensee, and interface routines to the software provided shall conform to programming standards as outlined in the model documentation. The software offered to NOAA shall be offered as is, without any warranties whatsoever and without any liability for damages whatsoever. NOAA shall not be required to include a Licensee's software as part of its software. Licensee's offered software shall not include software developed by others.

A Licensee may reproduce sufficient software to satisfy its needs. All copies shall bear the name of the software with any version number as well as replicas of any applied copyright notice, trademark notice, other notices and credit lines. Additionally, if the copies have been modified, e.g. with deletions or additions, this shall be so stated and identified.

All of Licensee's employees who have a need to use the software may have access to the software but only after reading the instant license and stating, in writing, that they have read and understood the license and have agreed to its terms. Licensee is responsible for employing reasonable efforts to assure that only those of its employees that should have access to the software, in fact, have access.

The Licensee may use the software for any purpose relating to sea state prediction.

No disclosure of any portion of the software, whether by means of a media or verbally, may be made to any third party by the Licensee or the Licensee's employees

The Licensee is responsible for compliance with any applicable export or import control laws of the United States.

© 2009 National Weather Service, National Oceanic and Atmospheric Administration. All rights reserved. WAVEWATCH III^® is a trademark of the National Weather Service. No unauthorized use without permission.