Draft of Fiduciary License Agreement.

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converted into LaTeX source. This contains some typographic fixes,
but no text changes.

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+\documentclass[11pt,a4paper]{article}
+\usepackage[utf8]{inputenc}
+\usepackage[T1]{fontenc}
+\usepackage[textwidth=432pt,textheight=680pt]{geometry}
+\usepackage[biolinum,sfdefault,tt=false]{libertine}
+\usepackage{
+  relsize,
+  parskip,
+  enumitem,
+  secdot,
+  url
+}
+
+\setcounter{section}{-1}        % Start counting of sections at 0
+
+\title{\bfseries
+  Fiduciary License Agreement 2.0 \\
+  \textsmaller{based on the} \\
+  Individual Contributor exclusive License Agreement \\
+  (including the Traditional Patent License Option)
+}
+\author{}
+\date{}
+
+\begin{document}
+
+\maketitle
+
+Thank you for your interest in contributing to Gentoo Foundation's
+Gentoo Linux (``We'' or ``Us'').
+
+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 (to be
+done).
+
+\section{Preamble}
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+\section*{How to use this FLA}
+
+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 \url{trustees@gentoo.org}.
+
+\section{Definitions}
+
+\textbf{``You''} means the individual Copyright owner who Submits
+a Contribution to Us.
+
+\textbf{``Contribution''} 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.
+
+\textbf{``Copyright''} means all rights protecting works of
+authorship, including copyright, moral and neighboring rights, as
+appropriate, for the full term of their existence.
+
+\textbf{``Material''} 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.
+
+\textbf{``Submit''} 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.''
+
+\textbf{``Documentation''} means any non-software portion of a
+Contribution.
+
+\section{License grant}
+
+\subsection{Copyright license to Us}
+
+Subject to the terms and conditions of this Agreement, You hereby
+grant to Us a worldwide, royalty-free, exclusive, perpetual and
+irrevocable (except as stated in Section~\ref{terminate}) 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:
+\begin{itemize}
+\item publish the Contribution,
+\item modify the Contribution,
+\item prepare derivative works based upon or containing the
+  Contribution and/or to combine the Contribution with other
+  Materials,
+\item reproduce the Contribution in original or modified form,
+\item distribute, to make the Contribution available to the
+  public, display and publicly perform the Contribution in original
+  or modified form.
+\end{itemize}
+
+\subsection{Moral rights}
+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.
+
+\subsection{Copyright license back to You}
+
+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:
+\begin{itemize}
+\item publish the Contribution,
+\item modify the Contribution,
+\item prepare derivative works based upon or containing the
+  Contribution and/or to combine the Contribution with other
+  Materials,
+\item reproduce the Contribution in original or modified form,
+\item distribute, to make the Contribution available to the public,
+  display and publicly perform the Contribution in original or
+  modified form.
+\end{itemize}
+
+This license back is limited to the Contribution and does not provide
+any rights to the Material.
+
+\section{Patents}
+
+\subsection{Patent license}
+\label{pat-license}
+
+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~\ref{pat-revoc}) 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.
+
+\subsection{Revocation of patent license}
+\label{pat-revoc}
+
+You reserve the right to revoke the patent license stated in
+Section~\ref{pat-license} 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.
+
+\section{License obligations by Us}
+\label{obligations}
+
+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.
+
+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 any licenses the Free Software Foundation classifies as Free
+Software licenses and which are approved by the Open Source Initiative
+as Open Source licenses.
+
+\section{Disclaimer}
+\label{disclaimer}
+
+\textbf{%
+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.}
+
+\section{Consequential damage waiver}
+\label{waiver}
+
+\textbf{%
+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.}
+
+\section{Approximation of disclaimer and damage waiver}
+\label{approx}
+
+\textbf{%
+If the disclaimer and damage waiver mentioned in
+Section~\ref{disclaimer} and Section~\ref{waiver} 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.}
+
+\section{Term}
+\label{term}
+
+\begin{enumerate}[label=\thesection.\arabic*,align=left,leftmargin=*]
+\item This Agreement shall come into effect upon Your acceptance
+  of the terms and conditions.
+\item \label{terminate} 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~\ref{obligations}.
+  Such termination must be made in writing.
+\item In the event of a termination of this Agreement
+  Sections \ref{disclaimer}, \ref{waiver}, \ref{approx}, \ref{term},
+  and~\ref{misc} 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.
+\end{enumerate}
+
+\section{Miscellaneous}
+\label{misc}
+
+\begin{enumerate}[label=\thesection.\arabic*,align=left,leftmargin=*]
+\item 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 New Mexico, U.S.A. excluding its
+  private international law provisions.
+\item This Agreement sets out the entire agreement between You and Us
+  for Your Contributions to Us and overrides all other agreements or
+  understandings.
+\item 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.
+\item 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.
+\item You agree to notify Us of any facts or circumstances of which
+  you become aware that would make this Agreement inaccurate in any
+  respect.
+\end{enumerate}
+
+\section*{You}
+
+\begin{tabular}{@{}lp{20em}}
+Date:    & \hrulefill \\[3ex]
+Name:    & \hrulefill \\[3ex]
+Title:   & \hrulefill \\[3ex]
+Address: & \hrulefill \\
+\end{tabular}
+
+\section*{Us}
+
+\begin{tabular}{@{}lp{20em}}
+Date:    & \hrulefill \\[3ex]
+Name:    & \hrulefill \\[3ex]
+Title:   & \hrulefill \\[3ex]
+Address: & \hrulefill \\
+\end{tabular}
+
+% Recreate this Contributor License Agreement
+% http://contributoragreements.org/u2s/tzi5bvm7v
+
+\end{document}