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diff --git a/wsrep-lib/CONTRIBUTOR_AGREEMENT.txt b/wsrep-lib/CONTRIBUTOR_AGREEMENT.txt new file mode 100644 index 00000000..8bdec2fd --- /dev/null +++ b/wsrep-lib/CONTRIBUTOR_AGREEMENT.txt @@ -0,0 +1,218 @@ + 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. |