Skip to content

Instantly share code, notes, and snippets.

@Raphty

Raphty/SafingCLA.md Secret

Last active Mar 30, 2021
Embed
What would you like to do?
Individual Contributor License Agreement (CLA) - Safing ICS Technologies GMBH

Safing ICS Technologies GmbH

Individual Contributor License Agreement (CLA)

First of all, Safing ICS Technologies GmbH would like to thank you for your interest in contributing to our open source software project/projects, made by Safing ICS Technologies GmbH, and made available through GitHub, Inc.

This Individual Contributor License Agreement, sets out the terms governing any source code, object code, bug fixes, configuration changes, tools, specifications, documentation, data, materials, feedback, information or other works of authorship that you submit or have submitted, in any form and in any manner, to Safing ICS Technologies GmbH in respect of any of the Projects collectively known as “Contributions”.

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

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to Safing ICS Technologies GmbH. Except for the license granted herein to Safing ICS Technologies GmbH, and recipients of software distributed by Safing ICS Technologies GmbH, You reserve all right, title, and interest in, and to, Your Contributions.

Agreement Definitions

"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Safing ICS Technologies GmbH. 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 (1) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (2) ownership of fifty percent (50%) or more of the outstanding shares, or (3) 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 Safing ICS Technologies GmbH for inclusion in, or documentation of, any of the products owned or managed by Safing ICS Technologies GmbH. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Safing ICS Technologies GmbH 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, Safing ICS Technologies GmbH for the purpose of discussing and improving the project/projects, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."

Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant, and agree to grant, to Safing ICS Technologies GmbH and to recipients of software distributed by Safing ICS Technologies GmbH 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.

Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant, and agree to grant, to Safing ICS Technologies GmbH and to recipients of software distributed by Safing ICS Technologies GmbH 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 and not limited to 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.

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 Safing ICS Technologies GmbH.

You represent that each of Your Contributions is Your own original creation. 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.

Moral Rights. To the fullest extent permitted under applicable law, you hereby waive, and agree not to assert, all of your “moral rights” in or relating to your Contributions for the benefit of Safing ICS Technologies GmbH, its assigns, and their respective direct and indirect sublicensees.

Third Party Content/Rights. If your Contribution includes or, is based on any source code, object code, bug fixes, configuration changes, tools, specifications, documentation, data, materials, feedback, information or other works of authorship that were not authored by you, i.e. “Third Party Content” or if you are aware of any third party intellectual property or proprietary rights associated with your Contribution (“Third Party Rights”), then you agree to include with the submission of your Contribution full details respecting such Third Party Content and Third Party Rights, including, without limitation, identification of which aspects of your Contribution contain Third Party Content or are associated with Third Party Rights, the owner/author of the Third Party Content and Third Party Rights, where you obtained the Third Party Content, and any applicable third party license terms or restrictions respecting the Third Party Content and Third Party Rights. For greater certainty, the foregoing obligations respecting the identification of Third Party Content and Third Party Rights do not apply to any portion of a Project that is incorporated into your Contribution to that same Project. You agree to notify Safing ICS Technologies GmbH of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.

Update 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, NONINFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

No Obligation. You acknowledge that Safing ICS Technologies GmbH is under no obligation to use or incorporate your Contributions into any of its Projects. The decision to use or incorporate your Contributions into any of the Projects will be made at the sole discretion of Safing ICS Technologies GmbH or its authorized delegates. You agree to notify Safing ICS Technologies GmbH of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.

Acknowledgement. Many people like to see their name in lights, or in this case written code, for the purpose of this agreement, Acknowledgements do not give you a call on intellectual property rights or copyright in any way shape or form, any and all contributions made to Safing ICS Technologies GmbH become the sole property of Safing ICS Technologies GmbH upon submission and acceptance.

Disputes. This Agreement shall be governed by and construed in accordance with Austrian law, without giving effect to its principles or rules regarding conflicts of laws, other than such principles directing application of European law. The parties hereby submit to venue in, and jurisdiction of the courts located in Austria for purposes relating to this Agreement. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.

Assignment. You agree that Safing ICS Technologies GmbH may assign this Agreement, and all of its rights, obligations and licenses hereunder.

Agreement:

Note that the following information is only required when the CLA-Assistant is not used and the CLA is instead signed by hand.

information marked with * must be filled out.

*GitHub Username.......................................................
*Name..........................................................................
*Email Address.............................................................
(Optional) Secondary Email Address..................................
Country.................................................................................
*Third Party license if used...........................................
*Signature....................................................................

Any and all information submitted to Safing ICS Technologies is held and treated in accordance with GDPR Europe, and subject to Austrian Law.

© Safing ICS Technologies GmbH 2021 All rights reserved.

Sign up for free to join this conversation on GitHub. Already have an account? Sign in to comment