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MyMoney Individual Contributor License Agreement
{
"category": {
"title": "Select the option that best describes your situation:",
"type": {
"enum": [
"I have sole ownership of intellectual property rights to my Submissions and I am not making Submissions in the course of work for my employer.",
"I am making Submissions in the course of work for my employer (or my employer has intellectual property rights in my Submissions by contract or applicable law). I have permission from my employer to make Submissions and enter into this Agreement on behalf of my employer. By signing below, the defined term “You” includes me and my employer."
]
},
"required": true
},
"github_id": {
"title": "GitHub ID",
"type": "number",
"githubKey": "id",
"required": true
},
"name": {
"title": "Full name",
"type": "string",
"githubKey": "name",
"required": true
},
"email": {
"title": "Primary e-mail address",
"type": "string",
"githubKey": "email",
"required": true
},
"company": {
"title": "Company",
"type": "string"
},
"agreement": {
"title": "I have read and agree to the CLA",
"type": "boolean",
"required": true
}
}
<h2 id="tmp-title">Fiduciary License Agreement 2.0</h2>
<span id="tmp-subtitle-based">based on the</span>
<h2 id="tmp-subtitle"><span id="tmp-contributor-type">Individual</span> Contributor <span
id="tmp-contributor-exclusivity-1">exclusive</span> License Agreement</h2>
<h2 id="tmp-subtitle-patent">(including the <span id="tmp-patent-option">Traditional Patent License</span> OPTION)</h2>
<p>Thank you for your interest in contributing to <span id="tmp-beneficiary-name">MING-CHIEN LEE</span>'s <span
id="tmp-project-name">MyMoney</span> ("We" or "Us").</p>
<p>The purpose of this contributor agreement ("Agreement") is to clarify and document the rights granted by contributors
to Us. To make this document effective, please follow the instructions at <span
id="tmp-submission-instructions">https://cla-assistant.io/edisonlee55/MyMoney</span>.</p>
<h3>0. Preamble</h3>
<p>Software is deeply embedded in all aspects of our lives and it is important that it empower, rather than restrict us.
Free Software gives everybody the rights to use, understand, adapt and share software. These rights help support
other fundamental freedoms like freedom of speech, press and privacy.</p>
<p>Development of Free Software can follow many patterns. In some cases whole development is handled by a sole
programmer or a small group of people. But usually, the creation and maintenance of software is a complex process
that requires the contribution of many individuals. This also affects who owns the rights to the software. In the
latter case, rights in software are owned jointly by a great number of individuals.</p>
<p>To tackle this issue some projects require a full copyright assignment to be signed by all contributors. The problem
with such assignments is that they often lack checks and balances that would protect the contributors from potential
abuse of power from the new copyright holder.</p>
<p>FSFE’s Fiduciary License Agreement (FLA) was created by the Free Software Foundation Europe e.V. with just that in
mind – to concentrate all deciding power within one entity and prevent fragmentation of rights on one hand, while on
the other preventing that single entity from abusing its power. The main aim is to ensure that the software covered
under the FLA will forever remain Free Software.</p>
<p>This process only serves for the transfer of economic rights. So-called moral rights (e.g. authors right to be
identified as author) remain with the original author(s) and are inalienable.</p>
<h3>How to use this <span id="tmp-how-to">FLA</span></h3>
<p>If You are an employee and have created the Contribution as part of your employment, You need to have Your employer
approve this Agreement or sign the Entity version of this document. If You do not own the Copyright in the entire
work of authorship, any other author of the Contribution should also sign this – in any event, please contact Us at
<span id="tmp-project-email">[email protected]</span></p>
<p>
</p>
<h3>1. Definitions</h3>
<p><strong>"You"</strong> means the individual Copyright owner who Submits a Contribution to Us.</p>
<!-- New and shorter Definition should be amended in all CA's. -->
<p><strong>"Legal Entity"</strong> means an entity that is not a natural person.</p>
<p><strong>"Affiliate"</strong> means any other Legal Entity that controls, is controlled by, or under common control
with that Legal Entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to
cause the direction or management of such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty
percent (50%) or more of the outstanding shares or securities that vote to elect the management or other persons who
direct such Legal Entity or (iii) beneficial ownership of such entity.</p>
<p><strong>"Contribution"</strong> means any original work of authorship, including any original modifications or
additions to an existing work of authorship, Submitted by You to Us, in which You own the Copyright.</p>
<!-- New and shorter Definition should be amended in all CA's. -->
<p><strong>"Copyright"</strong> means all rights protecting works of authorship, including copyright, moral and
neighboring rights, as appropriate, for the full term of their existence.</p>
<!-- New and shorter Definition, should be amended in all CA's -->
<p><strong>"Material"</strong> means the software or documentation made available by Us to third parties. When this
Agreement covers more than one software project, the Material means the software or documentation to which the
Contribution was Submitted. After You Submit the Contribution, it may be included in the Material.</p>
<p><strong>"Submit"</strong> means any act by which a Contribution is transferred to Us by You by means of tangible or
intangible media, including but not limited to electronic mailing lists, source code control systems, and issue
tracking systems that are managed by, or on behalf of, Us, but excluding any transfer that is conspicuously marked
or otherwise designated in writing by You as "Not a Contribution."</p>
<p><strong>"Documentation"</strong> means any non-software portion of a Contribution.</p>
<h3>2. License grant</h3>
<h4>2.1 Copyright license to Us</h4>
<p>Subject to the terms and conditions of this Agreement, You hereby grant to Us a worldwide, royalty-free, <span
id="tmp-contributor-exclusivity-2">exclusive</span>, perpetual and irrevocable (except as stated in Section 8.2)
license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third
parties, under the Copyright covering the Contribution to use the Contribution by all means, including, but not
limited to:
</p>
<ul>
<li>publish the Contribution,</li>
<li>modify the Contribution,</li>
<li>prepare derivative works based upon or containing the Contribution and/or to combine the Contribution with other
Materials,</li> <!-- Formatting: Separate in two bullet points for all CA's: 1) modify 2) prepare... -->
<li>reproduce the Contribution in original or modified form,</li>
<li>distribute, to make the Contribution available to the public, display and publicly perform the Contribution in
original or modified form.</li>
</ul>
<h4>2.2 Moral rights</h4>
<p>Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law. Notwithstanding,
You may add your name to the attribution mechanism customary used in the Materials you Contribute to, such as the
header of the source code files of Your Contribution, and We will respect this attribution when using Your
Contribution.</p>
<h4>2.3 Copyright license back to You</h4>
<p>Upon such grant of rights to Us, We immediately grant to You a worldwide, royalty-free, non-exclusive, perpetual and
irrevocable license, with the right to transfer an unlimited number of non-exclusive licenses or to grant
sublicenses to third parties, under the Copyright covering the Contribution to use the Contribution by all means,
including, but not limited to:</p>
<ul>
<li>publish the Contribution,</li>
<li>modify the Contribution,</li>
<li>prepare derivative works based upon or containing the Contribution and/or to combine the Contribution with other
Materials,</li> <!-- Formatting: See above, two separate bullet points -->
<li>reproduce the Contribution in original or modified form,</li>
<li>distribute, to make the Contribution available to the public, display and publicly perform the Contribution in
original or modified form.</li>
</ul>
<p>This license back is limited to the Contribution and does not provide any rights to the Material.</p>
<h3>3. Patents</h3>
<h4>3.1 Patent license</h4>
<p>Subject to the terms and conditions of this Agreement You hereby grant to Us and to recipients of Materials
distributed by Us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable (except as stated in Section
3.2) patent license, with the right to transfer an unlimited number of non-exclusive licenses or to grant
sublicenses to third parties, to make, have made, use, sell, offer for sale, import and otherwise transfer the
Contribution and the Contribution in combination with any Material (and portions of such combination). This license
applies to all patents owned or controlled by You, whether already acquired or hereafter acquired, that would be
infringed by making, having made, using, selling, offering for sale, importing or otherwise transferring of Your
Contribution(s) alone or by combination of Your Contribution(s) with any Material.</p>
<h4>3.2 Revocation of patent license</h4>
<p>You reserve the right to revoke the patent license stated in section 3.1 if We make any infringement claim that is
targeted at your Contribution and not asserted for a Defensive Purpose. An assertion of claims of the Patents shall
be considered for a "Defensive Purpose" if the claims are asserted against an entity that has filed, maintained,
threatened, or voluntarily participated in a patent infringement lawsuit against Us or any of Our licensees.</p>
<h3>4. License obligations by Us </h3>
<p id="tmp-outbound-option-1-fsfe">We agree to (sub)license the Contribution or any Materials containing, based on or
derived from your Contribution under the terms of any licenses the Free Software Foundation classifies as Free
Software License and which are approved by the Open Source Initiative as Open Source licenses.</p>
<p id="tmp-outbound-special">We agree to license patents owned or controlled by You only to the extent necessary to
(sub)license Your Contribution(s) and the combination of Your Contribution(s) with the Material under the terms of
<span id="tmp-licenses-2">any licenses the Free Software Foundation classifies as Free Software licenses and which
are approved by the Open Source Initiative as Open Source licenses.</span>.</p>
<h3><span id="tmp-digit-disclaimer">5.</span> Disclaimer</h3>
<p>THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE
EXPRESSLY DISCLAIMED BY YOU TO US AND BY US TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED,
SUCH WARRANTY IS LIMITED IN DURATION AND EXTENT TO THE MINIMUM PERIOD AND EXTENT PERMITTED BY LAW.</p>
<p></p>
<h3><span id="tmp-digit-waiver">6.</span> Consequential damage waiver</h3>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR WE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS
OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT
OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED.</p>
<h3><span id="tmp-digit-approx-waiver">7.</span> Approximation of disclaimer and damage waiver</h3>
<p>IF THE DISCLAIMER AND DAMAGE WAIVER MENTIONED IN SECTION <span id="tmp-digit-disclaimer-2">5.</span> AND SECTION
<span id="tmp-digit-waiver-2">6.</span> CANNOT BE GIVEN LEGAL EFFECT UNDER APPLICABLE LOCAL LAW, REVIEWING COURTS
SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROXIMATES AN ABSOLUTE WAIVER OF ALL CIVIL OR CONTRACTUAL LIABILITY IN
CONNECTION WITH THE CONTRIBUTION.</p>
<h3><span id="tmp-digit-term">8.</span> Term</h3>
<p><span id="tmp-digit-term-1">8.1</span> This Agreement shall come into effect upon Your acceptance of the terms and
conditions.</p>
<p id="tmp-term-special"><span id="tmp-digit-term-2">8.2</span> This Agreement shall apply for the term of the copyright
and patents licensed here. However, You shall have the right to terminate the Agreement if We do not fulfill the
obligations as set forth in Section 4. Such termination must be made in writing.</p>
<p><span id="tmp-digit-term-3">8.3</span> In the event of a termination of this Agreement Sections <span
id="tmp-digit-term-special">5., 6., 7., 8., and 9.</span> shall survive such termination and shall remain in
full force thereafter. For the avoidance of doubt, Free and Open Source Software (sub)licenses that have already
been granted for Contributions at the date of the termination shall remain in full force after the termination of
this Agreement.</p>
<h3><span id="tmp-digit-misc">9.</span> Miscellaneous</h3>
<p><span id="tmp-digit-misc-1">9.1</span> This Agreement and all disputes, claims, actions, suits or other proceedings
arising out of this agreement or relating in any way to it shall be governed by the laws of <span
id="tmp-project-jurisdiction">Taiwan</span> excluding its private international law provisions.</p>
<p><span id="tmp-digit-misc-2">9.2</span> This Agreement sets out the entire agreement between You and Us for Your
Contributions to Us and overrides all other agreements or understandings.</p>
<p><span id="tmp-digit-misc-3">9.3</span> In case of Your death, this agreement shall continue with Your heirs. In case
of more than one heir, all heirs must exercise their rights through a commonly authorized person.</p>
<p><span id="tmp-digit-misc-4">9.4</span> If any provision of this Agreement is found void and unenforceable, such
provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original
provision and that is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding
any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.
</p>
<p><span id="tmp-digit-misc-5">9.5</span> You agree to notify Us of any facts or circumstances of which you become aware
that would make this Agreement inaccurate in any respect.</p>
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