caa-individual.html

<p><strong>Individual Contributor Assignment Agreement (“Agreement”) v19.2.1-en</strong></p>

<p>Makánal Technológia és Szoftver Fejlesztés Kft. (“Makánal Tech” or “We” or “Us”), a limited
liability company duly organised under Hungarian law with its registered office in
Budapest, Hungary; UID/VAT: HU25854617</p>

<p>Thank you for your interest in contributing to Makánal Tech. This Agreement documents the
rights granted by Contributors to Makánal Tech. <strong>To make this document effective, please
complete the form at the bottom of this page.</strong></p>

<p>This is a legally binding document, so please read it carefully before agreeing to it.
<strong>The Agreement covers all closed-source and private software projects managed by Makánal Tech.</strong> For your
convenience, Makánal Tech projects are hosted at
<a href="https://github.com/makanaleu">https://github.com/makanaleu</a>.</p>

<p>We may display this Agreement in your preferred browsing language, however any
translation of this Agreement is only for your convenience. For the interpretation of
this Agreement, only the English text shall apply.</p>

<h2 id="1-definitions">1. Definitions</h2>

<p>“You” means the individual who Submits a Contribution to Makánal Tech.</p>

<p>“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, please follow the instructions at
<a href="https://makanal.eu">https://makanal.eu</a>.</p>

<p>“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.</p>

<p>“Material” means the work of authorship which is made available by Us to third parties.
When this Agreement covers more than one software project, the Material means the work
of authorship to which the Contribution was Submitted. After You Submit the Contribution,
it may be included in the Material.</p>

<p>“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, but excluding communication
that is conspicuously marked or otherwise designated in writing by You as “Not a
Contribution.”</p>

<p>“Submission Date” means the date on which You Submit a Contribution to Us.</p>

<p>“Effective Date” means the date You execute this Agreement or the date You first
Submit a Contribution to Us, whichever is earlier.</p>

<p>“Media” means any portion of a Contribution which is not software.</p>

<h2 id="2-grant-of-rights">2. Grant of Rights</h2>

<h4 id="21-copyright-license">2.1 Copyright Assignment</h4>

<p>(a) At the time the Contribution is Submitted, You assign to Us all right,
title, and interest worldwide in all Copyright covering the Contribution;
provided that this transfer is conditioned upon compliance with Section 2.3.</p>

<p>(b) To the extent that any of the rights in Section 2.1(a) cannot be assigned
by You to Us, You grant to Us a perpetual, worldwide, exclusive, royalty-free,
transferable, irrevocable license under such non-assigned rights, with rights
to sublicense through multiple tiers of sublicensees, to practice such
non-assigned rights, including, but not limited to, the right to reproduce,
modify, display, perform and distribute the Contribution; provided that this
license is conditioned upon compliance with Section 2.3.</p>

<p>(c) To the extent that any of the rights in Section 2.1(a) can neither be
assigned nor licensed by You to Us, You irrevocably waive and agree never to
assert such rights against Us, any of our successors in interest, or any of our
licensees, either direct or indirect; provided that this agreement not to assert
is conditioned upon compliance with Section 2.3.</p>

<h4 id="22-patent-license">2.2 Patent License</h4>

<p>For patent claims including, without limitation, method, process, and apparatus claims
which You 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.</p>

<h4 id="23-outbound-license">2.3 Outbound License</h4>

<p>Based on the grant of rights in Sections 2.1 and 2.2, if We include Your Contribution
in a Material, We may license the Contribution under any license, including copyleft,
permissive, commercial, or proprietary licenses. As a condition on the exercise of
this right, We agree to also license the Contribution under the terms of the license
or licenses which We are using for the Material on the Submission Date.
In addition, We may use the following licenses for Media in the Contribution: Creative
Commons Zero v1.0 Universal (including any right to adopt any future version of a
license if permitted).</p>

<h4 id="24-moral-rights">2.4 Moral Rights</h4>

<p>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.</p>

<h4 id="25-our-rights">2.5 Our Rights</h4>

<p>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.</p>

<h4 id="26-reservation-of-rights">2.6 Reservation of Rights</h4>

<p>Any rights not expressly licensed under this section are expressly reserved by You.</p>

<h2 id="3-agreement">3. Agreement</h2>

<p>You confirm that:</p>

<p>(a) You have the legal authority to enter into this Agreement.</p>

<p>(b) You own the Copyright and patent claims covering the Contribution which are
required to grant the rights under Section 2.</p>

<p>(c) The grant of rights under Section 2 does not violate any grant of rights which
You 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.</p>

<p>(d) You have followed the instructions in <a href="https://makanal.eu">https://makanal.eu</a>,
if You do not own the Copyright in the entire work of authorship Submitted.</p>

<p>(e) You expressly acknowledge and grant Us the perpetual, worldwide, non-exclusive,
transferable, royalty-free, irrevocable right to store, manage and process personal
data in relation to this Agreement and your Contribution inland and abroad, which We
may disclose to Makánal Tech affiliates, agents, government agencies if required by law,
or service providers due to business requirements.</p>

<h2 id="4-disclaimer">4. Disclaimer</h2>

<p>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.</p>

<h2 id="5-consequential-damage-waiver">5. Consequential Damage Waiver</h2>

<p>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.</p>

<h2 id="6-miscellaneous">6. Miscellaneous</h2>

<p>6.1 This Agreement will be governed by and construed in accordance with the laws of
Hungary 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.</p>

<p>6.2 This Agreement sets out the entire agreement between You and Us for Your
Contributions to Us and overrides all other agreements or understandings.</p>

<p>6.3 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.</p>

<p>6.4 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.</p>

<p>6.5 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.</p>

<p><small>Source: Harmony (HA-CAA-I-ANY) Version 1.0</small></p>