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DFSG-compatibility of X13-ARIMA-SEATS (U.S. federal govt. software)

Dear fellow developers,

I would like to package X13-ARIMA-SEATS¹, which is software developed
at the U.S. Department of Commerce. As such, it is not copyrighted in
the U.S., and rights to use, redistribute and modify are explicitly
granted outside the U.S.

However, the last clause of the licence says that the “user agrees to
make a good faith effort to use the Software in a way that does not
cause damage, harm, or embarrassment to the United States/Commerce.”
This may be seen as a restriction on use (and therefore contrary to
DFSG§6), though it is unclear to me whether this is a significant-
enough restriction to make it non-free, and whether it is really

Do you think that this license is DFSG-compatible?

Thanks in advance for your insights,

¹ https://www.census.gov/srd/www/x13as/

P.S.: below is full copy of the license:

This Software was created by U.S. Government employees and therefore is
not subject to copyright in the United States (17 U.S.C. §105).  The
United States/U.S. Department of Commerce (“Commerce”) reserve all
rights to seek and obtain copyright protection in countries other than
the United States. The United States/Commerce hereby grant to User a
royalty-free, nonexclusive license to use, copy, and create derivative
works of the Software outside of the United States.

The Software is provided to the User and those who may take by, through
or under it, “as is,” without any warranty (whether express or implied)
or representation whatsoever, including but not limited to any warranty
of merchantability. The Software is taken hereunder without any right
to support or to any improvements, extensions, or modifications, except
as may be agreed to separately, in writing, by Commerce.  

User, on behalf of itself and all others who take by, through or under
it, hereby and forever waives, releases, and discharges the United
States/Commerce and all its instrumentalities from any and all
liabilities and obligations in connection with the use, application,
sale or conveyance of the Software. User shall indemnify and hold
harmless the United States/Commerce and its instrumentalities from all
claims, liabilities, demands, damages, expenses, and losses arising
from or in connection with User's use, application, sale or conveyance
of the Software, including those who take by, through or under User 
whether or not User was directly involved. This provision will survive
termination of this Agreement and will include any and all claims or
liabilities arising under intellectual property rights, such as
patents, copyrights, trademarks, and trade secrets. If User of software
is an Executive Agency of the United States, this clause is not

The construction, validity, performance, and effect of this Agreement 
for all purposes will be governed by Federal law of the United States.

User agrees to make a good faith effort to use the Software in a way
that does not cause damage, harm, or embarrassment to the United
States/Commerce. The United States/Commerce expressly reserve all
rights and remedies.

⢀⣴⠾⠻⢶⣦⠀  Sébastien Villemot
⣾⠁⢠⠒⠀⣿⡁  Debian Developer
⢿⡄⠘⠷⠚⠋⠀  http://sebastien.villemot.name
⠈⠳⣄⠀⠀⠀⠀  http://www.debian.org

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