VWS Individual Contributor License Agreement

VWS_CLA

# CONTRIBUTOR LICENCE AGREEMENT 

###### version 1.00 / 2020-5-20

The State of the Netherlands, the Ministry of Public Health, Welfare and Sport (hereinafter: the Ministry) would like to utilise the knowledge of third parties in developing digital resources that could contribute to combating COVID-19 (hereinafter referred to collectively as: the Digital Resources).

You (hereinafter: the Contributor) wish to contribute to the development of the Digital Resources, for example in the form of new or an adaptation of existing software, designs, documentation, digital files and/or other works to which intellectual property rights can attach (hereinafter: the Contributions).

The purpose of this licence agreement is (i) to clarify the intellectual property rights to the Contributions and (ii) to enable the Ministry to use and publish the Contributions.

By accepting this licence agreement, the Contributor declares that he/she has read the terms and conditions of this licence agreement and is in agreement with these terms and conditions.

Rights granted by the Contributor	
*	The Contributor does not transfer any intellectual property rights relating to the Contributions to the Ministry.
*	The Contributor hereby grants the Ministry a perpetual, worldwide, non-exclusive, sublicensable, irrevocable and unrestricted right of use to the Contributions. This right of use pertains to all intellectual property rights that could attach to the Contributions, which in any event includes copyrights, trademark rights, database rights and patents.
*	The right of use to the Contributions in any event includes but is not limited to the right to:
*	use the Contributions, copies and adaptations thereof in any circumstances and for all usages;
*	publish the Contributions, copies and adaptations thereof;
*	reproduce the Contributions, copies and adaptations thereof;
*	communicate to the public the Contributions, copies and adaptations thereof, including the right to make available or to display to the public the work or copies thereof and, where appropriate, to perform the work in public;
*	distribute the Contributions, copies and adaptations thereof;
*	lend and let out the Contributions, copies and adaptations thereof; 
*	modify the Contributions, copies and adaptations thereof and create derivative works;
*	sublicense the Contributions (including copies and adaptations thereof and derivative works) to any third party under the terms and conditions of the most recent version of the European Union Public Licence (EUPL) or a 'compatible licence' within the meaning of the EUPL.
*	Those rights can be exercised on any media, supports and formats, whether now known or later invented, as far as the applicable law permits so.
*	The Contributor waives its right to exercise its immaterial rights to the extent permitted by applicable law in order to enable the effective exercise of the aforementioned licensed economic rights.
*	The Ministry does not owe the Contributor any fee for the right of use.
*	The Ministry is not obliged to use the Contributions.

Warranties by the Contributor	
*	The Contributor grants the right of use to the Contributions on an ‘as is’ basis. The Contributor bears no responsibility for errors, defects and omissions in the Contributions.
*	The Contributor guarantees that the Contributions are his/her own work. The Contributor may not provide Contributions from third parties to the Ministry.
*	The Contributor guarantees that he/she is legally entitled to grant the right of use referred to in clause 1. If the intellectual property rights to Contributions accrue to the Contributor’s employer, the Contributor hereby declares that he/she has received permission from his/her employer to grant the right of use referred to in clause 1.
*	The Contributor guarantees that he/she will not institute legal proceedings against the Ministry or third parties or suggest that such proceedings be instituted if they make use of the Contributions in accordance with this licence.
*	The Contributor guarantees that he/she will inform the Ministry if he/she has unexpectedly provided the Ministry with incorrect information in any way whatsoever.

Remaining provisions
*	Dutch law applies to this licence agreement.
*	Exclusively the judge in The Hague is competent to hear disputes in connection with this licence agreement.


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