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author | 2018-05-12 15:30:39 +0200 | |
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committer | 2018-06-04 17:49:05 +0200 | |
commit | 8ab8502677cd35ca22b4640781fbd98accd240e0 (patch) | |
tree | 65cd5d007d1f7dec64f3c7ccd28c120ed55dee0f | |
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Draft of Fiduciary License Agreement.
Text as generated by http://contributoragreements.org/ and manually
converted into LaTeX source. This contains some typographic fixes,
but no text changes.
The document at contributoragreements.org is distributed under a
CC-BY-SA-3.0 license.
-rw-r--r-- | fla.tex | 309 |
1 files changed, 309 insertions, 0 deletions
@@ -0,0 +1,309 @@ +\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} |