|
| 1 | + Codership |
| 2 | + Contributor License Agreement |
| 3 | + Codership CLA |
| 4 | + |
| 5 | +Thank you for your interest in contributing to Galera Cluster, a project |
| 6 | +managed by Codership Oy, a legal entity established under Finnish laws, with |
| 7 | +its principal address at Pohjolankatu 64 A, 00600 Helsinki Finland ("We", "Us" |
| 8 | +or "Our"). |
| 9 | + |
| 10 | +This contributor agreement ("Agreement") documents the rights granted by |
| 11 | +contributors to Us. To make this document effective, please either accept it |
| 12 | +in an electronic service such as clahub.com or sign and scan it and send it to |
| 13 | +Us by email. This is a legally binding document, so please read it carefully |
| 14 | +before agreeing to it. This Agreement covers the Galera Cluster project: the |
| 15 | +Galera library, the wsrep-lib library, the wsrep-API library, the Wsrep patch |
| 16 | +for MySQL and other eventual patches to MySQL or other technologies. |
| 17 | + |
| 18 | +1. Definitions |
| 19 | + |
| 20 | +"You" means the individual who Submits a Contribution to Us or the Legal |
| 21 | +Entity on behalf of whom a Contribution has been Submitted to Us. "Legal |
| 22 | +Entity" means an entity which is not a natural person. "Affiliates" means |
| 23 | +other Legal Entities that control, are controlled by, or under common control |
| 24 | +with that Legal Entity. For the purposes of this definition, "control" means |
| 25 | +(i) the power, direct or indirect, to cause the direction or management of |
| 26 | +such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty |
| 27 | +percent (50%) or more of the outstanding shares or securities which vote to |
| 28 | +elect the management or other persons who direct such Legal Entity or (iii) |
| 29 | +beneficial ownership of such entity. |
| 30 | + |
| 31 | +"Contribution" means any work of authorship that is Submitted by You to Us in |
| 32 | +which You own or assert ownership of the Copyright. If You do not own the |
| 33 | +Copyright in the entire work of authorship, you need to have a separate |
| 34 | +permission from Us. |
| 35 | + |
| 36 | +"Copyright" means all rights protecting works of authorship owned or |
| 37 | +controlled by You, including copyright, moral and neighboring rights, as |
| 38 | +appropriate, for the full term of their existence including any extensions by |
| 39 | +You. |
| 40 | + |
| 41 | +"Material" means the work of authorship which is made available by Us to third |
| 42 | +parties, i.e. the Galera library, the Wsrep patch for MySQL; other eventual |
| 43 | +patches to MySQL; other eventual patches to other database technologies; all |
| 44 | +these together with a database technology, such as MySQL, or its |
| 45 | +derivatives. After You Submit the Contribution, it may be included in the |
| 46 | +Material. |
| 47 | + |
| 48 | +"Submit" means any form of electronic, verbal, or written communication sent |
| 49 | +to Us or our representatives, including but not limited to electronic mailing |
| 50 | +lists, source code control systems, and issue tracking systems that are |
| 51 | +managed by, or on behalf of, Us for the purpose of discussing and improving |
| 52 | +the Material, provided that such communication is (i) conspicuously marked or |
| 53 | +otherwise designated in writing by You or Your employee as a "Contribution" or |
| 54 | +(ii) submitted in source code control system pursuant to Section 3 (e). |
| 55 | + |
| 56 | +"Submission Date" means the date on which You Submit a Contribution to Us. |
| 57 | + |
| 58 | +"Effective Date" means the date You execute this Agreement or the date You |
| 59 | +first Submit a Contribution to Us, whichever is earlier. |
| 60 | + |
| 61 | +"Media" means any portion of a Contribution which is not software. |
| 62 | + |
| 63 | +2. Grant of Rights |
| 64 | + |
| 65 | +2.1 Copyright License |
| 66 | + |
| 67 | +(a) You retain ownership of the Copyright in Your Contribution and have the |
| 68 | +same rights to use or license the Contribution which You would have had |
| 69 | +without entering into the Agreement. In case we have in writing permitted |
| 70 | +submitting a sublicense to licensed rights, You will not transfer the original |
| 71 | +license, but grant us a sublicense in accordance with this Agreement. |
| 72 | + |
| 73 | +(b) To the maximum extent permitted by the relevant law, You grant to Us a |
| 74 | +perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable |
| 75 | +license under the Copyright covering the Contribution, with the right to |
| 76 | +sublicense such rights through multiple tiers of sublicensees, to reproduce, |
| 77 | +modify, display, perform and distribute the Contribution as part of the |
| 78 | +Material; provided that this license is conditioned upon compliance with |
| 79 | +Section 2.3. |
| 80 | + |
| 81 | +2.2 Patent License |
| 82 | + |
| 83 | +For patent claims including, without limitation, method, process, and |
| 84 | +apparatus claims which You, or in case You are a Legal Entity, You or Your |
| 85 | +Affiliates, own, control or have the right to grant, now or in the future, You |
| 86 | +grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, |
| 87 | +irrevocable patent license, with the right to sublicense these rights to |
| 88 | +multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, |
| 89 | +import and otherwise transfer the Contribution and the Contribution in |
| 90 | +combination with the Material (and portions of such combination). This license |
| 91 | +is granted only to the extent that the exercise of the licensed rights |
| 92 | +infringes such patent claims; and provided that this license is conditioned |
| 93 | +upon compliance with Section 2.3. |
| 94 | + |
| 95 | +2.3 Outbound License |
| 96 | + |
| 97 | +As a condition on the grant of rights in Sections 2.1 and 2.2, to the extent |
| 98 | +we include Your Contribution or a part of it in a Material, we agree to |
| 99 | +license the Contribution under the terms of the license or licenses which We |
| 100 | +are using on the Submission Date for the Material or any licenses which are |
| 101 | +approved by the Open Source Initiative ("OSI") on or after the Effective Date, |
| 102 | +including both permissive and copyleft licenses, whether or not such licenses |
| 103 | +are subsequently disapproved (including any right to adopt any future version |
| 104 | +of a license if approved by the OSI). For clarity, this entitles us to license |
| 105 | +Your Contribution also under a permissive open source license, such as the MIT |
| 106 | +license, and include binaries created under the MIT license in a proprietary |
| 107 | +licensed whole. |
| 108 | + |
| 109 | +In addition to above defined licenses, We may use the following licenses for |
| 110 | +Media in the Contribution: Creative Commons BY 3.0 or Creative Commons BY-SA |
| 111 | +3.0 (including the right to adopt any future version of a license). |
| 112 | + |
| 113 | +2.4 Moral Rights. |
| 114 | + |
| 115 | +If moral rights apply to the Contribution, to the maximum extent permitted by |
| 116 | +law, You waive and agree not to assert such moral rights against Us or our |
| 117 | +successors in interest, or any of our licensees, either direct or indirect. |
| 118 | + |
| 119 | +2.5 Enforcement. |
| 120 | + |
| 121 | +You, as a copyright holder to Your Contribution, hereby authorize us to |
| 122 | +enforce the OSI approved license applied by Us to a Material, but only to the |
| 123 | +extent Your Contribution has been included in a Material and always subject to |
| 124 | +Our free discretion on whether such enforcement is necessary or not. |
| 125 | + |
| 126 | +2.6 Our Rights. |
| 127 | + |
| 128 | +You acknowledge that We are not obligated to use Your Contribution as part of |
| 129 | +the Material and may decide to include any Contribution We consider |
| 130 | +appropriate. |
| 131 | + |
| 132 | +2.7 Reservation of Rights. |
| 133 | + |
| 134 | +Any rights not expressly licensed under this section are expressly reserved by |
| 135 | +You. |
| 136 | + |
| 137 | +3. Agreement |
| 138 | + |
| 139 | +You confirm that: |
| 140 | + |
| 141 | +(a) You have the legal authority to enter into this Agreement. |
| 142 | + |
| 143 | +(b) You or Your Affiliates, own the Copyright and patent claims covering the |
| 144 | + Contribution which are required to grant the rights under Section 2. |
| 145 | + |
| 146 | +(c) The grant of rights under Section 2 does not violate any grant of rights |
| 147 | + which You or Your Affiliates have made to third parties, including Your |
| 148 | + employer. If You are an employee, You have had Your employer approve this |
| 149 | + Agreement or sign the Entity version of this document. If You are less |
| 150 | + than eighteen years old, please have Your parents or guardian sign the |
| 151 | + Agreement. |
| 152 | + |
| 153 | +(d) You have not Submitted any Code You do not own without written permission |
| 154 | + from US. |
| 155 | + |
| 156 | +(e) All pull or merge requests issued under usernames confirmed by You in |
| 157 | + writing are issued by You; and all such pull or merge requests contain |
| 158 | + Your Contributions under this Agreement. You will notify Us in writing in |
| 159 | + the event of You no longer control such usernames. |
| 160 | + |
| 161 | +4. Disclaimer |
| 162 | + |
| 163 | +EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED |
| 164 | +"AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, |
| 165 | +WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A |
| 166 | +PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO |
| 167 | +US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY |
| 168 | +IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW. |
| 169 | + |
| 170 | +5. Consequential Damage Waiver |
| 171 | + |
| 172 | +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE |
| 173 | +LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, |
| 174 | +INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT |
| 175 | +OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT |
| 176 | +OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. |
| 177 | + |
| 178 | +THIS WAIVER DOES NOT APPLY TO GROSS NEGLIGENT OR MALICIOUS ACTS OR FRAUD. |
| 179 | + |
| 180 | +6. Miscellaneous |
| 181 | + |
| 182 | +6.1 This Agreement will be governed by and construed in accordance with the |
| 183 | +laws of Finland excluding its conflicts of law provisions. Under certain |
| 184 | +circumstances, the governing law in this section might be superseded by the |
| 185 | +United Nations Convention on Contracts for the International Sale of Goods |
| 186 | +("UN Convention") and the parties intend to avoid the application of the UN |
| 187 | +Convention to this Agreement and, thus, exclude the application of the UN |
| 188 | +Convention in its entirety to this Agreement. |
| 189 | + |
| 190 | +6.2 Any and all Submissions done by You prior to execution of this Agreement |
| 191 | +shall be nonetheless covered by this Agreement. |
| 192 | + |
| 193 | +6.3 This Agreement sets out the entire agreement between You and Us for Your |
| 194 | +Contributions to Us and overrides all other agreements or understandings. |
| 195 | + |
| 196 | +6.4 If You or We assign the rights or obligations received through this |
| 197 | +Agreement to a third party, as a condition of the assignment, that third party |
| 198 | +must agree in writing to abide by all the rights and obligations in the |
| 199 | +Agreement. |
| 200 | + |
| 201 | +6.5 The failure of either party to require performance by the other party of |
| 202 | +any provision of this Agreement in one situation shall not affect the right of |
| 203 | +a party to require such performance at any time in the future. A waiver of |
| 204 | +performance under a provision in one situation shall not be considered a |
| 205 | +waiver of the performance of the provision in the future or a waiver of the |
| 206 | +provision in its entirety. |
| 207 | + |
| 208 | +6.6 If any provision of this Agreement is found void and unenforceable, such |
| 209 | +provision will be replaced to the extent possible with a provision that comes |
| 210 | +closest to the meaning of the original provision and which is enforceable. |
| 211 | +The terms and conditions set forth in this Agreement shall apply |
| 212 | +notwithstanding any failure of essential purpose of this Agreement or any |
| 213 | +limited remedy to the maximum extent possible under law. |
| 214 | + |
| 215 | +This document has been drafted based on Harmony Inividual Contributor License |
| 216 | +Agreement (HA-CLA-I) Version 1.0 July 4, 2011. HA-CLA-I is available from |
| 217 | +harmonyagreements.org and is licensed by under Creative Commons Attribution |
| 218 | +3.0 Unported License. |
0 commit comments