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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.
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