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CLA
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SCA_SDO for PHP: Individual Contributor License Agreement ("Agreement")
Thank you for your interest in the SCA_SDO for PHP Project, a project that IBM has
contributed to and is moving forward with the open source community. In order to
clarify the intellectual property license granted with Contributions from any
person or entity, the SCA_SDO for PHP project requires all contributors to submit an
individual Contributor License Agreement ("CLA"), indicating their agreement to
the license terms below. This Agreement is for your protection as a
Contributor, as well as for the protection of the Project and its users as a
whole; in particular, it is not intended that this Agreement should change any
of your rights to use your own Contributions for any other purpose.
If you have not already done so, please complete and send the Agreement to SCA_SDO
for PHP project at [email protected]. Please read this document carefully
before signing, and keep a copy for your records.
Full name: --------------------
E-Mail: --------------------
php.net user ID: --------------------
Mailing Address: --------------------
--------------------
--------------------
--------------------
Telephone: --------------------
Facsimile: --------------------
Country: --------------------
You accept and agree to the following terms and conditions for Your present and
future Contributions submitted to the SCA_SDO for PHP project.
1. Definitions.
"You" (or "Your") means (or refers to) the person signing this Agreement and
includes, if the signatory is representing an organization or other legal
entity, that legal entity and any of its subsidiaries or Affiliates, as
identified below.
"Affiliate" means an entity that directly or indirectly Controls, is
Controlled by or is under common Control with, a party to this Agreement;
and, for these purposes, "Control" shall mean the direct or indirect
beneficial ownership of more than fifty percent (50%) of the voting stock of,
or decision making authority in the event that there is no voting stock in, a
relevant entity.
"Contribution" means any original work of authorship, including any
modification or addition to an existing work, that is intentionally submitted
by You to the SCA_SDO for PHP project for inclusion in, or documentation of, any
of the products owned or managed by the SCA_SDO for PHP project; and, for these
purposes, "Submitted" includes any form of electronic, verbal, or written
communication sent to the SCA_SDO for PHP project or its representatives or to
SCA_SDO for PHP project-run electronic mailing lists, source code control
systems, or issue tracking systems. Contributions do not include any
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
SCA_SDO for PHP project, and to recipients of software and other materials
distributed by the SCA_SDO for PHP project, a perpetual, world-wide, non-exclusive,
no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
derivative works of, publicly display, publicly perform, sublicense, and
distribute each of Your Contributions and such derivative works.
3. Grant of Patent License.
Subject to the terms and conditions of this Agreement, You hereby grant to the
SCA_SDO for PHP project, and to recipients of software and other materials
distributed by the SCA_SDO for PHP project, a perpetual, world-wide, 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 each of Your Contributions, where such license applies only to those
patent claims licensable by You and that, but for this Agreement, would
necessarily be infringed by the use of Your Contribution alone or by the
combination of Your Contribution with the SCA_SDO for PHP project. 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 SCA_SDO
for PHP project, constitutes direct or contributory patent infringement, then
any patent license granted to that entity under this Agreement for that
Contribution shall automatically terminate (without further notice to such
entity) as of the date when such litigation is filed.
4. Representations.
4.1 You represent that You are legally entitled to grant the above licenses.
If You are an employee and Your employer has rights to intellectual property
that You create that includes Your Contributions, You represent that: (a) You
have received permission to make Contributions on behalf of that employer, (b)
Your employer has waived such rights for your Contributions to the SCA_SDO for PHP
project, or (c) your employer has executed a separate Corporate CLA with the SCA_SDO
for PHP project.
4.2 You represent that each of Your Contributions is an original creation,
created by yourself or by yourself with one or more employees of the
Contributor’s employers and any of its Affiliates (see section 6 below for
submissions on behalf of others).
4.3 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.
4.4 You agree promptly to notify the SCA_SDO for PHP project in writing of any
fact or circumstance of which You subsequently become aware that would make any
of the above representations inaccurate in any respect.
5. Disclaimers.
You are not expected to provide any support for Your Contributions, except to
the extent that 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 EACH OF 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 SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6. Non-original submissions.
Should You wish to submit any work that is not Your original creation to the SCA_SDO
for PHP project, You may submit it to the SCA_SDO for PHP project 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]". You agree not to submit any such non-original material unless so marked.
7. General.
7.1 You and the SCA_SDO for PHP project consent to the application of laws
of the State of New York, United States to govern, interpret, and enforce all of
their rights, duties and obligations arising from, or relating in any manner to,
the subject matter of this Agreement, without regard to conflict of law
principles.
7.2 Except for the licenses granted above to the SCA_SDO for PHP project and
to recipients of software and other materials distributed by the SCA_SDO for PHP
project, You reserve all right, title, and interest in and to Your
Contributions.
7.3 This Agreement constitutes the entire agreement and understanding
between You and the SCA_SDO for PHP project relating to Contributions to the SCA_SDO
PHP project, and supersedes all prior related understandings, agreements and
for communications relating to Contributions to the SCA_SDO for PHP project.
Full Name: __________________________________ Date: ________________
(Organisation Name): __________________________________
Signatory Title: __________________________________