Jive-CLA-Individual.md

Jive Individual Contributor License Agreement

This individual contributor license agreement is between Jive Communications, Inc., a Delaware corporation (“Jive”) and _____________________________________ (the “Contributor”).

The parties agree as follows:

1. Copyright license. The Contributor hereby grants Jive an irrevocable, perpetual, worldwide, no-charge, royalty-free, non-exclusive copyright license to use, display, reproduce, modify, sublicense, and distribute any contribution and any derivative works Jive creates based on a contribution.

2. Patent license. Subject to the conditions stated in this section 2, the Contributor hereby grants Jive an irrevocable, worldwide, no-charge, royalty-free, non-exclusive, perpetual license to practice and sublicense the patent claims that (1) are licensable by the Contributor and (2) are necessarily infringed by the use of a contribution (whether alone or in combination with the software or any other process, machine, or article of manufacture).

(b) If Jive files any claim alleging that using a contribution constitutes patent infringement, the license granted to Jive under section 2(a) will terminate as to that contribution on the date that claim is filed.

(c) If any licensee files any claim alleging that using a contribution constitutes patent infringement, Jive must terminate all patent licenses granted to that licensee relating to that contribution on the date the claim is filed.

3. Representations. The Contributor states the following:

(1) each contribution is his or her original creation and no other person has any interest in the contribution that would require Jive to obtain a separate authorization to exercise the rights granted in this agreement; and

(2) the Contributor has disclosed all third-party licenses or other restrictions of which he or she is aware that relate to any part of the contribution.

4. Disclaimer of warranties. To the extent permitted by law, and except as otherwise agreed in writing, (1) Jive acknowledges that the Contributor provides the contribution on an “as-is” basis, and (2) the Contributor hereby disclaims the warranties of title, non- infringement, merchantability, fitness for a particular purpose, and all other warranties relating to its contributions.

5. Limit of liability. The Contributor will not be liable to Jive for any direct, indirect, remote, speculative, or punitive damages arising from this agreement or from Jive’s use of (or inability to use) a contribution.

6. Warranties by the Contributor. The Contributor may offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations consistent with this agreement. If the Contributor accepts any such obligation, it shall act on its own behalf and shall indemnify Jive against any claim asserted against Jive which arises from the Contributor’s acceptance of those obligations.

7. Definitions. In this agreement, the following definitions apply:

Except when used to describe a patent claim, “claim” means any loss, liability, damages, court costs, litigation costs, arbitration award or fees, or other claim for a legal or equitable remedy;

Except for submissions marked with the legend “Not a contribution”, “contribution” means any documentation, modification or addition to an existing work, or original work of authorship submitted by the Contributor to Jive for inclusion in any of the software:

“licensee” means a third party to whom Jive has sublicensed a contribution or any derivative work;

“object form” means the compiled object code, generated documentation, conversions to other media types, and any other form resulting from the mechanical transformation or translation of a source form;

“software” means the source or object form of (1) any works derived from a contribution, or (2) any other computer software owned or managed by Jive; and

“source form” means the software source code, documentation source, configuration files, or other preferred form for making modifications to computer software.

8. Effectiveness; date. This agreement will become effective when both parties have signed it. The date of this agreement is the date it is signed by the last party to sign it (as indicated by the date stated below that party’s signature).

Jive-CLA-Individual.txt

                      Jive Individual Contributor License Agreement

This individual contributor license agreement is between Jive Communications, Inc., a Delaware
corporation (“Jive”) and _____________________________________ (the “Contributor”).

The parties agree as follows:

1. Copyright license. The Contributor hereby grants Jive an irrevocable, perpetual,
worldwide, no-charge, royalty-free, non-exclusive copyright license to use, display, reproduce,
modify, sublicense, and distribute any contribution and any derivative works Jive creates based
on a contribution.

2. Patent license. Subject to the conditions stated in this section 2, the Contributor
hereby grants Jive an irrevocable, worldwide, no-charge, royalty-free, non-exclusive, perpetual
license to practice and sublicense the patent claims that (1) are licensable by the Contributor
and (2) are necessarily infringed by the use of a contribution (whether alone or in combination
with the software or any other process, machine, or article of manufacture).

(b) If Jive files any claim alleging that using a contribution constitutes patent
infringement, the license granted to Jive under section 2(a) will terminate as to that contribution
on the date that claim is filed.

(c) If any licensee files any claim alleging that using a contribution constitutes
patent infringement, Jive must terminate all patent licenses granted to that licensee relating to
that contribution on the date the claim is filed.

3. Representations. The Contributor states the following:

(1) each contribution is his or her original creation and no other person has any interest in
the contribution that would require Jive to obtain a separate authorization to exercise the
rights granted in this agreement; and

(2) the Contributor has disclosed all third-party licenses or other restrictions of which he or
she is aware that relate to any part of the contribution.

4. Disclaimer of warranties. To the extent permitted by law, and except as
otherwise agreed in writing, (1) Jive acknowledges that the Contributor provides the contribution
on an “as-is” basis, and (2) the Contributor hereby disclaims the warranties of title, non-
infringement, merchantability, fitness for a particular purpose, and all other warranties relating to
its contributions.

5. Limit of liability. The Contributor will not be liable to Jive for any direct, indirect,
remote, speculative, or punitive damages arising from this agreement or from Jive’s use of (or
inability to use) a contribution.

6. Warranties by the Contributor. The Contributor may offer, and charge a fee for,
acceptance of support, warranty, indemnity, or other liability obligations consistent with this
agreement. If the Contributor accepts any such obligation, it shall act on its own behalf and shall
indemnify Jive against any claim asserted against Jive which arises from the Contributor’s
acceptance of those obligations.

7. Definitions. In this agreement, the following definitions apply:

Except when used to describe a patent claim, “claim” means any loss, liability, damages, court
costs, litigation costs, arbitration award or fees, or other claim for a legal or equitable remedy;

Except for submissions marked with the legend “Not a contribution”, “contribution” means any
documentation, modification or addition to an existing work, or original work of authorship
submitted by the Contributor to Jive for inclusion in any of the software:

“licensee” means a third party to whom Jive has sublicensed a contribution or any derivative
work;

“object form” means the compiled object code, generated documentation, conversions to other
media types, and any other form resulting from the mechanical transformation or translation of a
source form;

“software” means the source or object form of (1) any works derived from a contribution, or (2)
any other computer software owned or managed by Jive; and

“source form” means the software source code, documentation source, configuration files, or
other preferred form for making modifications to computer software.

8. Effectiveness; date. This agreement will become effective when both parties
have signed it. The date of this agreement is the date it is signed by the last party to sign it (as
indicated by the date stated below that party’s signature).