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# Fraunhofer IEM Contributor License Agreement | ||
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Thank you for your interest in contributing to the open-source software project Software Product Health Assistant (hereinafter referred to as “the Project”) maintained by Fraunhofer Institute for Mechatronic Systems Design IEM (hereafter “us” or “IEM”). | ||
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The purpose of this Contributor Agreement ("Agreement") is to clarify the intellectual property license granted by persons or entities who provide code to IEM. When the Contribution is made on behalf of an entity, the term "you" in this Agreement means both the person accepting this Agreement and the entity that employs that person. | ||
This license is for your protection as a Contributor as well as the protection of Fraunhofer IEM and its users; it does not change your rights to use your own Contributions for any other purpose. | ||
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**You hereby agree to the following terms and conditions:** | ||
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## 1. Contributions | ||
The term "Contribution" means any code, documentation or other original works of authorship including any modifications or additions to an existing work. A Contribution is considered "submitted" if it is sent to the Project in electronic, oral or written form, including but not limited to communications on electronic mailing lists, source code control systems and issue tracking systems maintained by or on behalf of the Project for the purpose of discussing or improving the software or documentation of the Project. Communications clearly marked "Not a Contribution" or designated as such by you in writing shall not be deemed to be Contributions. Any Contribution submitted by you to the Project is subject to the terms and conditions of this Agreement without any additional terms or conditions. | ||
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## 2. Licenses | ||
a) Grant of Copyright License. | ||
You grant IEM and the recipients of software distributed by IEM a perpetual, worldwide, non-exclusive, no-charge, royalty-free, and irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform and distribute the Contribution and to reproduce, prepare, publicly display, publicly perform and distribute such derivative works and sublicense all or any of the foregoing rights to. | ||
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b) Grant of Patent License | ||
With respect to all patents owned by you, you hereby grant IEM and the recipients of software distributed by IEM a perpetual, irrevocable, non-exclusive, worldwide, fully paid-up, royalty-free patent license to make, have made, use all or any part of your Contribution, offer for sale, sell, import and otherwise transfer, alone or in combination with any product, work, derivative works or materials resulting from the Project, where such license applies only to those patent claims licensable by you that are necessarily infringed by your Contribution alone or by combination of your Contribution with the Project to which you submitted the Contribution. This license includes, at our option, the right to sublicense these same rights to third parties through multiple levels of sublicensees or other licensing or transfer arrangements. | ||
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## 3. Property rights | ||
You represent that you have the legal authority to grant the above licenses. If your employer(s) has rights in the intellectual property you have created, which includes your Contribution, you represent that you have received permission to make Contributions on behalf of that employer or that your employer has waived those rights for your Contributions. | ||
You warrant that your Contribution is an original work of yours and that, to your knowledge, no other person claims or can claim any rights in the Contribution. | ||
You represent and warrant that, to the best of your knowledge, each Contribution does not infringe any copyright, trademark, patent, or other intellectual property right of any third party. | ||
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In the event that you wish to submit a work of which you are not the author, you may submit it to IEM separately from a Contribution, providing full details of the source and any licenses or other restrictions (including but not limited to associated patents, trademarks and license agreements) of which you have personal knowledge and clearly marking the work as "Submitted on behalf of a third party". | ||
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## 4. Warranties | ||
You are not expected to provide support for your Contributions, except to the extent you desire to provide support. Unless required by applicable law or agreed to in writing, and except for the warranties you give in this Agreement, the Contribution provided in this Projekt is provided without warranty of kind, including but not limited to any warranties or conditions of merchantability, or fitness for a particular purpose. | ||
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## 5. Notice to IEM | ||
You agree to notify us in writing in the event that any of the circumstances warranted by you in this Agreement subsequently become invalid. | ||
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## 6. Inclusion and Changing | ||
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The Project is not obliged to accept or include every Contribution. | ||
IEM reserves the right to change the current license type to any other license type in future. | ||
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## 7. Governing Law/ Jurisdiction | ||
The Agreement shall be governed by the law of the Federal Republic of Germany, without reference to its conflict of law provisions and excluding the provisions of the UN convention on the international sale of goods. The ordinary courts of Munich are hereby agreed as place of jurisdiction for all disputes arising from or connected with the Contract. | ||
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**With your signature you confirm the above mentioned agreements.** |
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