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SpiritSoft Contributor License Agreement
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Thank you for your interest in SpiritSoft. To clarify the intellectual property license granted with Contributions from any person or entity, | |
SpiritSoft must have on file a signed Contributor License Agreement ("CLA") from each Contributor, indicating agreement with the license terms | |
below. This agreement is for your protection as a Contributor as well as the protection of SpiritSoft and its users. It does not change | |
your rights to use your own Contributions for any other purpose. | |
You accept and agree to the following terms and conditions for Your Contributions (present and future) that you submit to SpiritSoft. | |
Except for the license granted herein to SpiritSoft and recipients of software distributed by SpiritSoft, 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 SpiritSoft. 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 SpiritSoft for inclusion in, or documentation of, any of the products owned or managed by | |
SpiritSoft (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written | |
communication sent to SpiritSoft 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, SpiritSoft 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 SpiritSoft and to | |
recipients of software distributed by SpiritSoft 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 SpiritSoft and to | |
recipients of software distributed by SpiritSoft 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 SpiritSoft, or that your employer has | |
executed a separate Corporate CLA with SpiritSoft. | |
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 SpiritSoft 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 SpiritSoft of any facts or circumstances of which you become aware that would make these representations | |
inaccurate in any respect. |
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