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Digital Rebar Provision - individual Contributor License Agreement

Digital Rebar Provision RackN, Inc.

Thank you for your interest in The Digital Rebar Provision project (the "Project"). This project is a work of RackN, Inc [1].

In order to clarify the intellectual property license granted with Contributions from any person or entity, the Project must have a Contributor License Agreement ("CLA") on file that has been signed by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of the Project and its users; it does not change your rights to use your own Contributions for any other purpose.

This project uses the SAP "cla-assistant" tool [2] to sign PRs and acknowledge the CLA. In this document, "You" refers to you as identified by your Github user account and ID.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to the Project. In return, the Project shall not use Your Contributions in a way that is contrary to the public benefit or inconsistent with its nonprofit status and bylaws in effect at the time of the Contribution. Except for the license granted herein to the Project and recipients of software distributed by the Project, You reserve all right, title, and interest in and to Your Contributions.

1. Definitions.

"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with the Project. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "Contribution" shall mean any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to the Project for inclusion in, or documentation of, any of the products owned or managed by the Project (the "Work"). For the purposes of this definition, "submitted" means any form of electronic or written communication sent to the Project or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Project for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."

2. Grant of Copyright License.

Subject to the terms and conditions of this Agreement, You hereby grant to the Project and to recipients of software distributed by the Project a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.

3. Grant of Patent License.

Subject to the terms and conditions of this Agreement, You hereby grant to the Project and to recipients of software distributed by the Project a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, 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. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.

4. Right to Represent.

You represent that you are legally entitled to grant the above license. If your employer(s) has rights to intellectual property that you create that includes your Contributions, you represent that you have received permission to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to the Project, or that your employer has executed a separate Corporate CLA with the Project.

5. Contribution Submission.

You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.

6. Non-support.

You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON- INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

7. Third party works.

Should You wish to submit work that is not Your original creation, You may submit it to the Project separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]".

8. Opt-out of License reassignment.

Circumstances may arise in which the license under which submissions were made needs to be changed. This may include minor modifications or wholesale changes.

Contributors have the right to withdrawal contributions (aka opt-out) for up to 15 days before The Project reassigns its license. If contact information is provided, The Project leadership is obligated to notify contributors of intent to reassign the license 45 days before reassignment. Additional communication attempts may be made but are not required.

To be notified of updates, you must opt-in by sending an email to comm@rackn.com with your Name, Email Address, and Github username in the Body of the email, and a Subject of "License Reassignment Notification Request".

9. Representation of inaccuracies.

You agree to notify the Project of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.

NOTES:

[1]

RackN, Inc.
https://rackn.com/

[2]

SAP cla-assistant tool
https://github.com/cla-assistant/cla-assistant
https://cla-assistant.io/

Document revisions can be found here: https://gist.github.com/sygibson/05d0f81a524e6b5228f465c0dcc107fd/revisions

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