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authorDaniel Baumann <daniel.baumann@progress-linux.org>2024-05-04 18:00:34 +0000
committerDaniel Baumann <daniel.baumann@progress-linux.org>2024-05-04 18:00:34 +0000
commit3f619478f796eddbba6e39502fe941b285dd97b1 (patch)
treee2c7b5777f728320e5b5542b6213fd3591ba51e2 /wsrep-lib/wsrep-API/v26/CONTRIBUTOR_AGREEMENT.txt
parentInitial commit. (diff)
downloadmariadb-upstream.tar.xz
mariadb-upstream.zip
Adding upstream version 1:10.11.6.upstream/1%10.11.6upstream
Signed-off-by: Daniel Baumann <daniel.baumann@progress-linux.org>
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+ 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.