gvSIG Contribution License Agreement
Thank you for your interest in the gvSIG open source project, which is managed
by the gvSIG Association. The form of assignment below is a document that
clarifies the terms under which You, the person listed below, for yourself or on
behalf of a company that is owner of rights in the software code described below
(the “Contribution”) may contribute to the gvSIG project, and which we need for
our files.
We appreciate your participation in our project, and your help in improving our
products, so we want you to understand what will be done with the Contribution.
In order to clarify the intellectual property rights in relation with
contributions of software from any person or entity, the gvSIG Association, as
guardian of the gvSIG code, would like to have a Contributor License Agreement
on file that has been signed by that person, indicating agreement to the terms
below. This in effect assigns the copyright in the Contribution to gvSIG with a
license back to you to use it in any way that you please.
This agreement is for your protection as a Contributor of software to the gvSIG
Association and does not change your right to use your own contributions for any
other purpose. It enables us to defend the gvSIG code, including your
contributions, in the event of any infringement by third parties.
To make a contribution, please print two copies of this document, complete the
information below and send one original signed copy by normal mail to the gvSIG
Association at “gvSIG Association, Plaza Don Juan de Villarrasa, 14-5, 46001,
Valencia, Spain” or by fax to +34 901 021 995.
Please read this document carefully before signing and keep the other original
for your records. If you have questions about these terms, please contact us at
gvsig-legal@gvsig.com.
Your details:
Full name: ___________________________________________________
Passport/ID: _________________________________________________
Address (street, city, state/province/country, postal code):
______________________________________________________________________________
______________________________________________________________________________
Telephone: ___________________ Fax: ___________________
E-Mail: ______________________________________________________
If you are acting on behalf of a Company:
Company Name:_____________________________________
Company identification details (number): _____________________________________
Address (street, city, state/province/country, postal code):
______________________________________________________________________________
______________________________________________________________________________
Telephone: ___________________ Fax: ___________________
E-Mail: ______________________________________________________
Agreement
In consideration for the potential acceptance of your Contribution in gvSIG
and associated gvSIG products, you and the gvSIG Association agree to the
following terms and conditions:
- “Contributor” or “You” means the person or entity that is copyright owner of
the Contributions and is making this Agreement. “Contributions” means all of
your past, present and future contributions of object code, source code and
documentation to gvSIG, including any modifications or additions to an
existing work, however submitted to the gvSIG project, excluding any
submissions that are conspicuously marked or otherwise designated in writing
by You as “Not a Contribution.”
- Copyright assignment: You assign all right, title and interest worldwide in
copyrights in the Contributions for the full term of their existence to
gvSIG Association and the gvSIG Association shall be able to register this
assignment. These rights include without limitation the exclusive rights to
use, copy, transform or prepare derivative works of, distribute and/or
publicly communicate or make available to third parties the Contributions on
any licensing terms, including the GNU Public License v2 or any later version,
or any other license determined to be a free software license by the Free
Software Foundation (“FSF”) or approved as an open source license by the
Open Source Initiative (“OSI”).
- License back: At the same time, the gvSIG Association grants to you a
non-exclusive, irrevocable, worldwide, royalty free, transferable copyright
license for the duration of the rights to reproduce, prepare derivative works
of, distribute (internally and externally, in object code and, if included in
Your Contributions, source code form), use, and/or publicly communicate Your
Contributions, with the right to sublicense all of these rights through
multiple tiers of sublicensees. The intention of the parties is that this
license will be as broad as possible and to provide you with rights as
similar as possible to the rights of the owner of the copyright. This license
is limited to Your Contributions and does not provide any rights to the gvSIG
Association or associated gvSIG products.
- Patent assignment: You also grant to the gvSIG Association and to recipients
of your contributions distributed by the gvSIG Association a non-exclusive,
perpetual, irrevocable, worldwide, royalty free, transferable license to
make, use, sell, offer for sale and import Your Contributions alone or in
combination with gvSIG products, with the right to sublicense all of these
rights through multiple tiers of sublicensees, where such license applies
only to those patent claims licensable by You that are necessarily infringed
by Your Contribution(s) alone or by combination of Your Contribution(s) with
the work to which such Contribution(s) was submitted.
- License: If You have any rights to the Contribution that cannot be assigned
as described above including, without limitation, any moral rights or the
equivalent thereof,
- You agree to waive enforcement world-wide of such rights against the gvSIG
Association, its officers, directors, shareholders, agents, employees,
licensees, or sub- licensees, to the extent permitted by applicable law;
and
- You hereby grant and agree to grant to the gvSIG Association a
non-exclusive, irrevocable, fully paid-up, and royalty free license,
world-wide and for the duration of the rights, to fully exercise such
rights, including rights to sublicense through multiple tiers of
sublicenses. These rights are assignable to third parties by the gvSIG
Association.
- You are able to grant us these rights. You represent that you are legally
entitled to assign the rights and grant the license set forth in previous
paragraphs.
- If the Contributor is a natural person and is employed and the employer
has any copyright, patent or trade secrecy rights to the Contribution, the
Contributor represents that (1) s/he has received permission to make the
Contributions on behalf of that employer and is legally entitled and
empowered by the employer to do so, or (2) that the Contributor’s employer
has waived such rights for the Contributions or signed a gvSIG Contributor
Agreement.
- If the Contributor is a legal entity, the Contributor further represents
that each employee of the Corporation designated on Schedule A below (or
in a subsequent written modification to that Schedule) is authorised to
submit Contributions on behalf of the Corporation. It is the Contributor’s
responsibility to notify the gvSIG Association when any change is required
to the list of designated employees authorised to submit Contributions on
behalf of the Corporation.
- The Contributions are your original work. You represent that the
Contributions are Your original works of authorship, and to Your knowledge,
no other person claims, or has the right to claim, any right in the
Contributions or any invention or patent related to the Contributions. You
represent that Your Contribution submission(s) include complete details of
any license or other restriction (including, but not limited to, related
patents, copyrights and trademarks) associated with any part of Your
Contribution(s) (including a copy of any applicable license agreement). You
agree to notify the gvSIG Association of any facts or circumstances of which
you become aware that would make your representations in this Agreement
inaccurate in any respect.
- We determine the code that is in our products. You understand that the
decision to include the Contribution in any product or source repository is
entirely that of the gvSIG Association, and this agreement does not guarantee
that the Contributions will be included in any product.
- Except as provided herein, You provide Your Contributions AS IS, WITHOUT
WARRANTY OF ANY KIND AND DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. Similarly, under the license
back, Your Contributions are provided AS IS, WITHOUT WARRANTY OF ANY KIND AND
THE GVSIG ASSOCIATION DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF YOUR CONTRIBUTIONS, EVEN IF THE USER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL YOU OR THE GVSIG
ASSOCIATION HAVE ANY LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR
ANY OTHER THEORY OF LIABILITY.
- Personal data. The data provided may be incorporated into a file whose
ownership and responsibility for their treatment is held gvSIG Association.
This data is used for the purpose of developing the gvSIG community, and the
gvSIG Association partner and client network and managing our relationship
with you. It may be published as recognition of your contribution to gvSIG
in the sourcecode or otherwise, and may be stored on a confidential basis on
server in Spain. The signing and sending this document confirms your consent
to record, process and use the data provided. The data will be treated with
the necessary security measures to ensure confidentiality and integrity. You
have rights of access, modification and cancellation which may be exercised
by emailing to gvsig-legal@gvsig.com or writing to the gvSIG Association at the
address above.
- General. This Contributor Agreement shall be governed by the laws of Spain
and the parties agree to submit any claim to the exclusive jurisdiction of
the courts of Valencia, Spain. In the event of invalidity of any provision
of this agreement, the parties agree that such invalidity shall not affect
the validity of the remaining portions of this agreement. This is the entire
agreement between you and the gvSIG Association which supersedes any prior
agreement, whether written or oral, relating to the subject matter of this
agreement and may be amended only by a writing signed by both parties.
- This Contributor Agreement and license shall be governed by the laws of
Spain and the parties agree to submit any claim, disagreement or dispute
(arising in connection with the interpretation, implementation or
enforcement of the agreement and license) to the exclusive jurisdiction of
the courts of the city of Valencia (Spain), waiving their own jurisdiction.
Signatures:
Contributor: The gvSIG Association
__________________________________ __________________________________
Company (if applicable): _________________________
Job Title (if applicable): _________________________
Date: ________________________________ Date: ________________________________
Place: _______________________________ Place: _______________________________
_______________________________ _______________________________
(street, city, state/province/country, postal code)
Schedule A
Initial list of designated employees for Corporate Contributors:
NAME ID
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________
__________________________________________________ __________________________