Thank you for your interest in making a Contribution to a project of scalable minds GmbH, a German company with notice address at Großbeerenstraße 15, 14482 Potsdam, Germany (scalable minds or we). In order to clarify the intellectual property license granted with Contributions from any person or entity, scalable minds 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 scalable minds and its users; 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 scalable minds.
You (or Your) shall mean the copyright owner or legal entity authorized by the copyright owner that is making this CLA with scalable minds. 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 scalable minds for inclusion in, or documentation of, any of the products owned or managed by scalable minds (the Work). For the purpose of this definition, "submitted" means any form of electronic, verbal, or written communication sent to scalable minds 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, scalable minds 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".
- You hereby grant to scalable minds and to recipients of software distributed by scalable minds a non-exclusive, perpetual, worldwide, sub-licensable, no charge, royalty-free, irrevocable and unlimited right to use and exploit your Contributions to the extent legally permissible in any way now known or in the future developed, in particular to reproduce, copy, revise, decompile, prepare derivative works of, publicly display, publicly perform, and publically reproduce, exhibit, publicize, publish, disseminate, make publicly available, lease, market, distribute, combine with or add to other works your Contributions and such derivative works. scalable minds hereby accepts such grant of rights.
- Subject to the terms and conditions of this CLA, you hereby grant to scalable minds and to recipients of software distributed by scalable minds a non-exclusive, perpetual, worldwide, sub-licensable, no charge, royalty-free, irrevocable and unlimited right (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 Contributions alone or by combination of your Contributions with the Work to which such Contributions were 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 CLA for that Contribution or Work shall terminate as of the date such litigation is filed.
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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 scalable minds, or that your employer has executed a separate Corporate CLA with scalable minds.
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You represent that each of your Contributions is your original creation (see Section 3 for submissions in which your employer has rights). 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.
- 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.
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You agree to notify scalable minds of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.
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Any amendment of the provisions of this CLA requires written form. This shall also apply to the amendment of this clause.
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If any of the provisions of this CLA should be or become invalid or unenforceable in whole or in part for whatever reason, including a violation of any laws applicable to it, the validity of the other provisions hereof is not affected. In that case the invalid or unenforceable provision is deemed to be replaced by such valid and enforceable provision or arrangement that corresponds as closely as possible to the invalid or unenforceable provision and to the Parties' economic aims pursued by and reflected in this Agreement. The same shall apply to any unintentional regulatory gaps.
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This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany (without giving effect to conflict of law principles and/or the United Nations Convention on Contracts for the International Sale of Goods) as to all matters, including matters of validity, construction, effect, performance and remedies.
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Any disputes arising out of or in connection with this Agreement, including disputes on its conclusion, binding effects, amendment and termination, shall be dealt with exclusively by the competent court in Potsdam, Germany, if legally possible.