111 lines
6.6 KiB
Markdown
111 lines
6.6 KiB
Markdown
Contribution License Agreement
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This Contribution License Agreement (“Agreement”) is agreed to by the party
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signing below (“You”), and conveys certain license rights to Dev Community Inc.
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and its affiliates (“DEV”) for Your contributions to DEV open source projects.
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This Agreement is effective upon Your acknowledgment via the CLA Assistant tool.
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All prospective contributors to DEV open source projects must sign this
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Agreement (digitally or otherwise) before any changes will be merged.
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1. Definitions.
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“Code” means the computer software code, whether in human-readable or
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machine-executable form, that is delivered by You to DEV under this Agreement.
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“Project” means any of the projects owned or managed by DEV in which software is
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offered under a license approved by the Open Source Initiative (OSI)
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(www.opensource.org) and/or documentation offered under an OSI or a Creative
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Commons license (https://creativecommons.org/licenses).
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“Submit” is the act of uploading, submitting, transmitting, or distributing code
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or other content to any Project, including but not limited to communication on
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electronic mailing lists, source code control systems, and issue tracking
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systems that are managed by, or on behalf of, the Project for the purpose of
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discussing and improving that Project, but excluding communication that is
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conspicuously marked or otherwise designated in writing by You as “Not a
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Submission.”
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“Submission” means the Code and any other copyrightable material Submitted by
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You, including any associated comments and documentation. 2. Your Submission.
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You must agree to the terms of this Agreement before making a Submission to any
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Project. This Agreement covers any and all Submissions that You, now or in the
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future (except as described in Section 4 below), Submit to any Project. 3.
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Originality of Work.
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You represent that each of Your Submissions is entirely Your original work.
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Should You wish to Submit materials that are not Your original work, You may
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Submit them separately to the Project if You (a) retain all copyright and
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license information that was in the materials as You received them, (b) in the
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description accompanying Your Submission, include the phrase “Submission
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containing materials of a third party:” followed by the names of the third party
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and any licenses or other restrictions of which You are aware, and (c) follow
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any other instructions in the Project’s written guidelines concerning
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Submissions. 4. Your Employer.
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References to “employer” in this Agreement include Your employer or anyone else
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for whom You are acting in making Your Submission, e.g. as a contractor, vendor,
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or agent. If Your Submission is made in the course of Your work for an employer
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or Your employer has intellectual property rights in Your Submission by contract
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or applicable law, You must secure permission from Your employer to make the
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Submission before signing this Agreement. In that case, the term “You” in this
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Agreement will refer to You and the employer collectively. If You change
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employers in the future and desire to Submit additional Submissions for the new
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employer, then You agree to sign a new Agreement and secure permission from the
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new employer before Submitting those Submissions. 5. Licenses.
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a. Copyright License. You grant DEV, and those who receive the Submission
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directly or indirectly from DEV, a perpetual, worldwide, non-exclusive,
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no-charge, royalty-free, irrevocable copyright license in the Submission to
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reproduce, prepare derivative works of, publicly display, publicly perform, and
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distribute the Submission and such derivative works, and to sublicense any or
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all of the foregoing rights to third parties.
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b. Patent License. You grant DEV, and those who receive the Submission directly
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or indirectly from DEV, a perpetual, worldwide, non-exclusive, royalty-free,
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irrevocable license under Your patent claims that are necessarily infringed by
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the Submission or the combination of the Submission with the Project to which it
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was Submitted to make, have made, use, offer to sell, sell and import or
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otherwise dispose of the Submission alone or with the Project.
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c. Other Rights Reserved. Each party reserves all rights not expressly granted
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in this Agreement. No additional licenses or rights whatsoever (including,
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without limitation, any implied licenses) are granted by implication,
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exhaustion, estoppel or otherwise. 6. Representations and Warranties.
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You represent that You are legally entitled to grant the above licenses. You
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represent that each of Your Submissions is entirely Your original work (except
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as You may have disclosed under Section 3). You represent that You have secured
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permission from Your employer to make the Submission in cases where Your
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Submission is made in the course of Your work for Your employer or Your employer
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has intellectual property rights in Your Submission by contract or applicable
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law. If You are signing this Agreement on behalf of Your employer, You represent
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and warrant that You have the necessary authority to bind the listed employer to
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the obligations contained in this Agreement. You are not expected to provide
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support for Your Submission, unless You choose to do so. UNLESS REQUIRED BY
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APPLICABLE LAW OR AGREED TO IN WRITING, AND EXCEPT FOR THE WARRANTIES EXPRESSLY
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STATED IN SECTIONS 3, 4, AND 6, THE SUBMISSION PROVIDED UNDER THIS AGREEMENT IS
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PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY
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WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
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PURPOSE. 7. Notice to DEV.
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You agree to notify DEV in writing of any facts or circumstances of which You
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later become aware that would make Your representations in this Agreement
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inaccurate in any respect. 8. Information about Submissions.
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You agree that contributions to Projects and information about contributions may
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be maintained indefinitely and disclosed publicly, including Your name and other
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information that You submit with Your Submission. 9. Governing Law/Jurisdiction.
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This Agreement is governed by the laws of the State of New York, and the parties
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consent to exclusive jurisdiction and venue in the federal courts sitting in New
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York County, New York, unless no federal subject matter jurisdiction exists, in
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which case the parties consent to exclusive jurisdiction and venue in the
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Superior Court of New York County, New York. The parties waive all defenses of
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lack of personal jurisdiction and forum non-conveniens. 10. Entire
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Agreement/Assignment.
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This Agreement is the entire agreement between the parties, and supersedes any
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and all prior agreements, understandings or communications, written or oral,
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between the parties relating to the subject matter hereof. This Agreement may be
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assigned by DEV.
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