Corporate Contributor License Agreement

Draft, adapted from the Apache Software Foundation’s Software Grant and Corporate Contributor License Agreement r190612 (see README.md for the changes). Not in force until legally reviewed.

Thank you for your interest in CyberBoar. In order to clarify the intellectual property license granted with Contributions from any person or entity, the owner of the CyberBoar project (the “Project Owner”) must have a Contributor License Agreement (CLA) on file that has been accepted by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of the Project Owner and its users; it does not change your rights to use your own Contributions for any other purpose.

This version of the Agreement allows an entity (the “Corporation”) to submit Contributions to the Project Owner, to authorize Contributions submitted by its designated employees to the Project Owner, and to grant copyright and patent licenses thereto.

A person authorized to bind the Corporation accepts this Agreement in writing (a signed copy, or an electronic signature the Project Owner offers), giving the Corporation’s name and address, a point of contact, and Schedule A.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to the Project Owner. In return, the Project Owner shall keep every Contribution that it includes in the open-source CyberBoar project available there under an open-source license. Except for the license granted herein to the Project Owner and recipients of software distributed by the Project Owner, 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 the Project Owner. 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 the Project Owner for inclusion in, or documentation of, any of the products owned or managed by the Project Owner (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Project Owner 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, the Project Owner 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 the Project Owner and to recipients of software distributed by the Project Owner 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. The Project Owner may sublicense and distribute them under any license terms, including open-source and proprietary terms.

  3. Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to the Project Owner and to recipients of software distributed by the Project Owner 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) were 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. You represent further that each employee of the Corporation designated on Schedule A below (or in a subsequent written modification to that Schedule) is authorized to submit Contributions on behalf of the Corporation.

  5. You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others).

  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 the Project Owner 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. It is your responsibility to notify the Project Owner when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Corporation, or to the Corporation’s Point of Contact with the Project Owner.

Schedule A

Initial list of designated employees (name and GitHub account). Authorization is not tied to particular Contributions.