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cla-individual and cla-entity draft for discussion

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Mario Pietsch 2013-09-18 16:19:26 +02:00
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licenses/cla-entity.md
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TiddlyWiki5 Individual Contributor License Agreement
====================================================
TiddlyWiki5 Entity Contributor License Agreement
================================================
Thank you for your interest in contributing to TiddlyWiki5 ("We" or "Us").
This contributor agreement ("Agreement") documents the rights granted by contributors to Us. To make this document effective, please sign it and send it to Us by electronic submission, following the instructions at https://github.com/Jermolene/TiddlyWiki5/blob/master/contributing.md. This is a legally binding document, so please read it carefully before agreeing to it. The Agreement may cover more than one software project managed by Us.
1. Definitions
---------------
--------------
"You" means the individual who Submits a Contribution to Us.
"You" means any Legal Entity on behalf of whom a Contribution has been received by Us.
"CLA" means Contributor License Agreement (this document)
"CLA" means Contributor License Agreement (this document).
"Contribution" means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, please follow the instructions in .
"Copyright" means all rights protecting works of authorship owned or controlled by You, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You.
"Contribution" means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, please follow the instructions in https://github.com/Jermolene/TiddlyWiki5/blob/master/contributing.md.
"Copyright" means all rights protecting works of authorship owned or controlled by You or Your Affiliates, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You.
"Material" means the work of authorship which is made available by Us to third parties. When this Agreement covers more than one software project, the Material means the work of authorship to which the Contribution was Submitted. After You Submit the Contribution, it may be included in the Material.
@ -26,8 +26,13 @@ This contributor agreement ("Agreement") documents the rights granted by contrib
"Media" means any portion of a Contribution which is not software.
"Legal Entity" means an entity which is not a natural person.
"Affiliates" means other Legal Entities that control, are controlled by, or under common control with that Legal Entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty percent (50%) or more of the outstanding shares or securities which vote to elect the management or other persons who direct such Legal Entity or (iii) beneficial ownership of such entity.
2. Grant of Rights
------------------
-------------------
### 2.1 Copyright License
@ -37,27 +42,31 @@ This contributor agreement ("Agreement") documents the rights granted by contrib
### 2.2 Patent License
For patent claims including, without limitation, method, process, and apparatus claims which You own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). This license is granted only to the extent that the exercise of the licensed rights infringes such patent claims; and provided that this license is conditioned upon compliance with Section 2.3.
For patent claims including, without limitation, method, process, and apparatus claims which You or Your Affiliates own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). This license is granted only to the extent that the exercise of the licensed rights infringes such patent claims; and provided that this license is conditioned upon compliance with Section 2.3.
### 2.3 Outbound License
As a condition on the grant of rights in Sections 2.1 and 2.2, We agree to license the Contribution only under the terms of the license or licenses which We are using on the Submission Date for the Material or the following additional licenses: BSD 3-clause "New" or "Revised" License (including any right to adopt any future version of a license if permitted).
As a condition on the grant of rights in Sections 2.1 and 2.2, We agree to license the Contribution only under the terms of the license or licenses which We are using on the Submission Date for the Material or the following additional licenses BSD 3-clause "New" or "Revised" License (including any right to adopt any future version of a license if permitted).
In addition, We may use the following licenses for Media in the Contribution: Creative Commons Attribution 3.0 (including any right to adopt any future version of a license if permitted).
### 2.4 Moral Rights.
### 2.4 Moral Rights.
If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
### 2.5 Our Rights.
### 2.5 Our Rights.
You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
### 2.6 Reservation of Rights.
Any rights not expressly licensed under this section are expressly reserved by You.
Any rights not expressly assigned or licensed under this section are expressly reserved by You.
### 2.7 3rd Party Libraries and Plugins
We may use 3rd party libraries to create TiddlyWiki5 plugins. These libraries may have there own licenses. 3rd party software and licenses are not subject in this CLA, while TiddlyWiki5 plugins, that use these libraries are. 3rd party libraries may be included everywhere, especially in the following directories and there subdirectories: `plugins/` and `editions/`.
3. Agreement
------------
@ -65,21 +74,21 @@ You confirm that:
(a) You have the legal authority to enter into this Agreement.
(b) You own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2.
(b) You or Your Affiliates own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2.
(c) The grant of rights under Section 2 does not violate any grant of rights which You have made to third parties, including Your employer. If You are an employee, You have had Your employer approve this Agreement or sign the Entity version of this document. If You are less than eighteen years old, please have Your parents or guardian sign the Agreement.
(c) The grant of rights under Section 2 does not violate any grant of rights which You or Your Affiliates have made to third parties.
(d) You have followed the instructions in , if You do not own the Copyright in the entire work of authorship Submitted.
4. Disclaimer
--------------
EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US AND BY US TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
5. Consequential Damage Waiver
------------------------------
-------------------------------
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR US BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
6. Miscellaneous
----------------
@ -94,15 +103,13 @@ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE LIABL
6.5 If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and which is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.
6.6 This document text was created using [Harmony (HA-CLA-I-LIST) Version 1.0](http://www.harmonyagreements.org)
6.6 This document text was created using [Harmony (HA-CLA-E-LIST) Version 1.0](http://www.harmonyagreements.org)
List of Contributors
====================
The below-signed are contributors to a code repository that is part of the project named "TiddlyWiki5". Each below-signed contributor has read, understand and agrees to the terms above in the section within this document entitled "TiddlyWiki5 Individual Contributor License Agreement" as of the date beside his or her name.
The below-signed are contributors to a code repository that is part of the project named "TiddlyWiki5". Each below-signed contributor has read, understand and agrees to the terms above in the section within this document entitled "TiddlyWiki5 Entity Contributor License Agreement" as of the date beside his or her name.
Contributors
------------
Mario Pietsch, 2013/09/18

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licenses/cla-individual.md
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@ -12,7 +12,7 @@ This contributor agreement ("Agreement") documents the rights granted by contrib
"CLA" means Contributor License Agreement (this document)
"Contribution" means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, please follow the instructions in .
"Contribution" means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, please follow the instructions in https://github.com/Jermolene/TiddlyWiki5/blob/master/contributing.md.
"Copyright" means all rights protecting works of authorship owned or controlled by You, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You.
@ -45,17 +45,20 @@ As a condition on the grant of rights in Sections 2.1 and 2.2, We agree to licen
In addition, We may use the following licenses for Media in the Contribution: Creative Commons Attribution 3.0 (including any right to adopt any future version of a license if permitted).
### 2.4 Moral Rights.
### 2.4 Moral Rights.
If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
### 2.5 Our Rights.
### 2.5 Our Rights.
You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
### 2.6 Reservation of Rights.
Any rights not expressly licensed under this section are expressly reserved by You.
### 2.7 3rd Party Libraries and Plugins
We may use 3rd party libraries to create TiddlyWiki5 plugins. These libraries may have there own licenses. 3rd party software and licenses are not subject in this CLA, while TiddlyWiki5 plugins, that use these libraries are. 3rd party libraries may be included everywhere, especially in the following directories and there subdirectories: `plugins/` and `editions/`.
3. Agreement
@ -72,7 +75,7 @@ You confirm that:
(d) You have followed the instructions in , if You do not own the Copyright in the entire work of authorship Submitted.
4. Disclaimer
--------------
-------------
EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.

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../core/copyright.tid