Codership Contributor License Agreement Codership CLA Thank you for your interest in contributing to Galera Cluster, a project managed by Codership Oy, a legal entity established under Finnish laws, with its principal address at Pohjolankatu 64 A, 00600 Helsinki Finland ("We", "Us" or "Our"). This contributor agreement ("Agreement") documents the rights granted by contributors to Us. To make this document effective, please either accept it in an electronic service such as clahub.com or sign and scan it and send it to Us by email. This is a legally binding document, so please read it carefully before agreeing to it. This Agreement covers the Galera Cluster project: the Galera library, the wsrep-lib library, the wsrep-API library, the Wsrep patch for MySQL and other eventual patches to MySQL or other technologies. 1. Definitions "You" means the individual who Submits a Contribution to Us or the Legal Entity on behalf of whom a Contribution has been Submitted to Us. "Legal Entity" means an entity which is not a natural person. "Affiliates" means other Legal Entities that control, are controlled by, or under common control with that Legal Entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty percent (50%) or more of the outstanding shares or securities which vote to elect the management or other persons who direct such Legal Entity or (iii) beneficial ownership of such entity. "Contribution" means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, you need to have a separate permission from Us. "Copyright" means all rights protecting works of authorship owned or controlled by You, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You. "Material" means the work of authorship which is made available by Us to third parties, i.e. the Galera library, the Wsrep patch for MySQL; other eventual patches to MySQL; other eventual patches to other database technologies; all these together with a database technology, such as MySQL, or its derivatives. After You Submit the Contribution, it may be included in the Material. "Submit" means any form of electronic, verbal, or written communication sent to Us or our representatives, 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 for the purpose of discussing and improving the Material, provided that such communication is (i) conspicuously marked or otherwise designated in writing by You or Your employee as a "Contribution" or (ii) submitted in source code control system pursuant to Section 3 (e). "Submission Date" means the date on which You Submit a Contribution to Us. "Effective Date" means the date You execute this Agreement or the date You first Submit a Contribution to Us, whichever is earlier. "Media" means any portion of a Contribution which is not software. 2. Grant of Rights 2.1 Copyright License (a) You retain ownership of the Copyright in Your Contribution and have the same rights to use or license the Contribution which You would have had without entering into the Agreement. In case we have in writing permitted submitting a sublicense to licensed rights, You will not transfer the original license, but grant us a sublicense in accordance with this Agreement. (b) To the maximum extent permitted by the relevant law, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable license under the Copyright covering the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to reproduce, modify, display, perform and distribute the Contribution as part of the Material; provided that this license is conditioned upon compliance with Section 2.3. 2.2 Patent License For patent claims including, without limitation, method, process, and apparatus claims which You, or in case You are a Legal Entity, You or Your Affiliates, own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). This license is granted only to the extent that the exercise of the licensed rights infringes such patent claims; and provided that this license is conditioned upon compliance with Section 2.3. 2.3 Outbound License As a condition on the grant of rights in Sections 2.1 and 2.2, to the extent we include Your Contribution or a part of it in a Material, we agree to license the Contribution under the terms of the license or licenses which We are using on the Submission Date for the Material or any licenses which are approved by the Open Source Initiative ("OSI") on or after the Effective Date, including both permissive and copyleft licenses, whether or not such licenses are subsequently disapproved (including any right to adopt any future version of a license if approved by the OSI). For clarity, this entitles us to license Your Contribution also under a permissive open source license, such as the MIT license, and include binaries created under the MIT license in a proprietary licensed whole. In addition to above defined licenses, We may use the following licenses for Media in the Contribution: Creative Commons BY 3.0 or Creative Commons BY-SA 3.0 (including the right to adopt any future version of a license). 2.4 Moral Rights. If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect. 2.5 Enforcement. You, as a copyright holder to Your Contribution, hereby authorize us to enforce the OSI approved license applied by Us to a Material, but only to the extent Your Contribution has been included in a Material and always subject to Our free discretion on whether such enforcement is necessary or not. 2.6 Our Rights. You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate. 2.7 Reservation of Rights. Any rights not expressly licensed under this section are expressly reserved by You. 3. Agreement You confirm that: (a) You have the legal authority to enter into this Agreement. (b) You or Your Affiliates, own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2. (c) The grant of rights under Section 2 does not violate any grant of rights which You or Your Affiliates have made to third parties, including Your employer. If You are an employee, You have had Your employer approve this Agreement or sign the Entity version of this document. If You are less than eighteen years old, please have Your parents or guardian sign the Agreement. (d) You have not Submitted any Code You do not own without written permission from US. (e) All pull or merge requests issued under usernames confirmed by You in writing are issued by You; and all such pull or merge requests contain Your Contributions under this Agreement. You will notify Us in writing in the event of You no longer control such usernames. 4. Disclaimer EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW. 5. Consequential Damage Waiver TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU 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. THIS WAIVER DOES NOT APPLY TO GROSS NEGLIGENT OR MALICIOUS ACTS OR FRAUD. 6. Miscellaneous 6.1 This Agreement will be governed by and construed in accordance with the laws of Finland excluding its conflicts of law provisions. Under certain circumstances, the governing law in this section might be superseded by the United Nations Convention on Contracts for the International Sale of Goods ("UN Convention") and the parties intend to avoid the application of the UN Convention to this Agreement and, thus, exclude the application of the UN Convention in its entirety to this Agreement. 6.2 Any and all Submissions done by You prior to execution of this Agreement shall be nonetheless covered by this Agreement. 6.3 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings. 6.4 If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement. 6.5 The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety. 6.6 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 which 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. This document has been drafted based on Harmony Inividual Contributor License Agreement (HA-CLA-I) Version 1.0 July 4, 2011. HA-CLA-I is available from harmonyagreements.org and is licensed by under Creative Commons Attribution 3.0 Unported License.