Softreck, Inc. Individual Contributor License Agreement
("Agreement"), v0.9
You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to Softreck, Inc.
("Softreck"). Except for the license granted herein to Softreck and
recipients of software distributed by Softreck, You reserve all
right, title, and interest in and to Your Contributions.
1. Definitions.
"You" (or "Your") shall mean the copyright owner or legal entity
authorized by the copyright owner that is making this Agreement with
Softreck. For legal entities, the entity making a Contribution and
all other entities that control, are controlled by, or are under
common control with that entity are considered to be a single
Contributor. For the purposes of this definition, "control" means
(i) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (ii)
ownership of fifty percent (50%) or more of the outstanding shares,
or (iii) beneficial ownership of such entity.
"Contribution" shall mean any original work of authorship, including
any modifications or additions to an existing work, that is
intentionally submitted by You to Softreck for inclusion in, or
documentation of, any of the products owned or managed by Softreck
(the "Work"). For the purposes of this definition, "submitted" means
any form of electronic, verbal, or written communication sent to
Softreck or its representatives, including but not limited to
communication on electronic mailing lists, source code control
systems, and issue tracking systems that are managed by, or on
behalf of, Softreck for the purpose of discussing and improving the
Work, but excluding communication that is conspicuously marked or
otherwise designated in writing by You as "Not a Contribution."
2. Grant of Copyright License. Subject to the terms and conditions of
this Agreement, You hereby grant to Softreck and to recipients of
software distributed by Softreck a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, sublicense, and distribute Your Contributions and
such derivative works.
3. Grant of Patent License. Subject to the terms and conditions of
this Agreement, You hereby grant to Softreck and to recipients of
software distributed by Softreck a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by You
that are necessarily infringed by Your Contribution(s) alone or by
combination of Your Contribution(s) with the Work to which such
Contribution(s) was submitted. If any entity institutes patent
litigation against You or any other entity (including a cross-claim
or counterclaim in a lawsuit) alleging that your Contribution, or
the Work to which you have contributed, constitutes direct or
contributory patent infringement, then any patent licenses granted
to that entity under this Agreement for that Contribution or Work
shall terminate as of the date such litigation is filed.
4. You represent that you are legally entitled to grant the above
license. If your employer(s) has rights to intellectual property
that you create that includes your Contributions, you represent that
you have received permission to make Contributions on behalf of that
employer, that your employer has waived such rights for your
Contributions to Softreck, or that your employer has executed a
separate Corporate CLA with Softreck.
5. You represent that each of Your Contributions is Your original
creation (see section 7 for submissions on behalf of others). You
represent that Your Contribution submissions include complete
details of any third-party license or other restriction (including,
but not limited to, related patents and trademarks) of which you are
personally aware and which are associated with any part of Your
Contributions.
6. You are not expected to provide support for Your Contributions,
except to the extent You desire to provide support. You may provide
support for free, for a fee, or not at all. Unless required by
applicable law or agreed to in writing, You provide Your
Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied, including, without
limitation, any warranties or conditions of TITLE, NON-
INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
7. Should You wish to submit work that is not Your original creation,
You may submit it to Softreck separately from any Contribution,
identifying the complete details of its source and of any license or
other restriction (including, but not limited to, related patents,
trademarks, and license agreements) of which you are personally
aware, and conspicuously marking the work as "Submitted on behalf of
a third-party: [named here]".
8. You agree to notify Softreck of any facts or circumstances of
which you become aware that would make these representations
inaccurate in any respect.