Example-Contributor-Agreement.md

Contributor License Agreement ("GovStack")

Thank you for your interest in The GovStack initiative, that is a multi-stakeholder initiative led by the Federal Ministry for Economic Cooperation and Development, Gesellschaft für Internationale Zusammenarbeit (GIZ), Estonia, the International Telecommunication Union (ITU) and the Digital Impact Alliance ("We" or "Us").

To clarify the intellectual property license granted with Contributions from any person or entity, We must have on file a signed Contributor License Agreement ("CLA") from each Contributor, indicating agreement with the license terms below.

This version of the Agreement allows an entity to submit Contributions to GovStack, authorize Contributions submitted by its designated employees to GovStack, and grant copyright and patent licenses thereto.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to GovStack. Except for the license granted herein to GovStack and recipients of software distributed by GovStack, 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 GovStack. 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 the code, documentation or any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to GovStack for inclusion in, or documentation of, any of the products owned or managed by GovStack (the "Work"). To facilitate contributions related to Building Blocks, we suggest you refer to their technical specifications available on the GovStack website.
• "Submitted" means any form of electronic, verbal, or written communication sent to GovStack 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, GovStack 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."
• “GovStack” initiative that is a multi-stakeholder initiative led by the Federal Ministry for Economic Cooperation and Development, Gesellschaft für Internationale Zusammenarbeit (GIZ), Estonia, the International Telecommunication Union (ITU) and the Digital Impact Alliance.
• “Building Blocks” means reusable software components that provide key functionality facilitating generic workflows across multiple sectors, with the following characteristics​: reusable software components​; Open-source, commercial off-the-shelf (COTS), or freely available with open access to data​; Facilitates one or more generic workflows​; Applicable to multiple use cases across multiple sectors​; Interoperable with other ICT Building Blocks​; Designed for scalability and extensibility​; and Standards-based. ​

2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to GovStack and to recipients of software distributed by GovStack 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 GovStack and to recipients of software distributed by GovStack 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. Rights over the work

   4.1. Natural Person. 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 GovStack, or that your employer has executed a separate Corporate CLA with GovStack .

   4.2. Legal Entity. You represent that You are legally entitled to grant the above license. You represent further that each employee of the Corporation designated by You is authorized to submit Contributions on behalf of the Corporation.

   4.3. You represent that each of Your Contributions is Your original creation (see section 6 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.

5. 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.

6. Should You wish to submit work that is not Your original creation, You may submit it to GovStack 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]".

   If your contribution incorporates elements created with tools that use artificial intelligence or any other technology to suggest code, you must identify the code suggestions and their sources, as well as the percentage of suggested code in relation to the total of your contribution.

7. Public information and personal data. I understand and agree that this project and contributions to it are public and that a record of the contribution (including all personal information I submit with it, including my full name and email address) is maintained indefinitely and may be redistributed consistent with this project, compliance with the open source license(s) involved, and maintenance of authorship attribution. The personal data that you provide, will be maintained in accordance with GovStack 's privacy policy.

8. Previous agreements. This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.

9. GovStack Partners Reserved Rights. Nothing in this Agreement shall constitute a waiver of the privileges, immunities, and facilities of GovStack or Its Stakeholders which enjoy by virtue of the international agreements and national laws applicable to it, as well as the rights of each GovStack partner.

   This Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of the GovStack. If you require the use of GovStack's logos and trademarks, you must expressly request it. For more information you should consult the GovStack trademark policy.

   Likewise, the use of the logos or trademarks of each of the GovStack partners -Federal Ministry for Economic Cooperation and Development, Gesellschaft für Internationale Zusammenarbeit, Estonia, the International Telecommunication Union, and the Digital Impact Alliance-, must be authorized by them individually based on their intellectual property policies.

10. Interpretation. 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.

11. Governing Law/Jurisdiction. Any dispute between the You and Us arising from, or in connection with, this Agreement shall be settled directly and amicably by them through mutual negotiations. In the case of failure of such negotiations, the dispute shall be settled by a sole arbitrator to be nominated at the request of either You or Us by the Court of Arbitration of the International Chamber of Commerce (ICC). The place of arbitration shall be Geneva. The language of arbitration shall be English. The arbitration shall be carried out in accordance with the Rules of Arbitration of the International Chamber of Commerce, as at present in force. For the purpose of interpreting the rights and obligations of the parties to this Agreement the arbitrator shall be guidedguide by the substantive laws of Switzerland, without giving effect to any procedural laws or conflict of laws principles. The arbitrator’s ruling shall be binding and final upon You and Us and any recourse against this ruling to any court or tribunal shall be excluded.

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

    If you are a legal entity, It is your responsibility to notify GovStack when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Corporation, or to the Corporation's Point of Contact with GovStack.

13. Signature. Select under which profile you make your contribution based on the form, either individually or on behalf of a company. If this is the case, provide the additional data according to the form and sign as indicated.

    By signing, you agree to the terms of this Contribution License Agreement for your current and future submissions to GovStack.

metadata

{
  "name": {
    "title": "Full Name",
    "type": "string",
    "githubKey": "name",
    "required": true
  },
  "email": {
    "title": "E-Mail",
    "type": "string",
    "githubKey": "email",
    "required": true
  },
  "agreement": {
    "title": "I have read and agree to the Contributor License Agreement",
    "type": "boolean",
    "required": true
  },
  "category": {
    "title": "In what capacity do you agree?",
    "type": {
      "enum": [
        "I have sole ownership of intellectual property rights to my Submissions, and I am not making any Submissions in the course of work for my Employer.",
        "I am making the Submissions in the course of work for my Employer or my Employer has intellectual property rights in my Submissions by contract or applicable law. I have written permission from my Employer to make Submissions and enter into this Agreement on behalf of my Employer. By agreeing below, the defined term 'Contributor' covers my Employer and me."
      ]
    },
    "required": true
  },
  "company": {
    "title": "Company Name",
    "type": "string",
    "description": "Only required when making Submissions in  the course of work for your Employer."
  },
  "companyname": {
    "title": "Represented by (name)",
    "type": "string",
    "description": "Only required when making Submissions in the course of work for your Employer."
  },
  "companyemail": {
    "title": "Represented by (email)",
    "type": "string",
    "description": "Only required when making Submissions in the course of work for your Employer."
  }
}