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@rarkins
Created December 19, 2019 05:20
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WhiteSource Renovate Individual Contributor License Agreement

WhiteSource Software Individual Contributor License Agreement

Thank you for your interest in contributing to the open source software projects (the "Projects") made available by WhiteSource Software or its affiliates (collectively, "We", "Our" or "Us"). By clicking "Sign in with GitHub to agree", you agree to the terms and conditions of this Agreement.

The purpose of this Individual Contributor License Agreement ("Agreement") is to clarify and document the rights granted by contributors to Us.

This Agreement sets out the terms governing any source code, bug fixes, configuration changes, tools, documentation, data, materials, feedback, information or other works of authorship that you submit or have submitted, in any form and in any manner, to Us in connection with any Project(s) (collectively “Contributions”). If you have any questions respecting this Agreement, please contact support@whitesourcesoftware.com.

1. How to use this Agreement

If You are an employee and have created the Contribution as part of your employment with your past or present employer(s), you represent that such employer(s) has authorized you to make your Contributions on behalf of such employer(s) or such employer(s) has waived all of their right, title or interest in or to your Contributions. If You do not own the Copyright in the entire work of authorship, please have each additional author of the Contribution also click "Agree".

You agree that the following terms apply to all of your past, present and future Contributions.

2. License grant

2.1 Copyright license to Us

Subject to the terms and conditions of this Agreement, You hereby grant to Us a worldwide, royalty-free, non- exclusive, transferrable, sublicensable, assignable, perpetual and irrevocable (except as stated in Section 2.2) license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, under the Copyright covering the Contribution to use the Contribution for any purpose, including, but not limited to:

  • publish the Contribution,
  • modify the Contribution,
  • prepare derivative works based upon or containing the Contribution and/or to combine the Contribution with other materials,
  • reproduce the Contribution in original or modified form,
  • distribute, to make the Contribution available to the public, display and publicly perform the Contribution in original or modified form.

2.2 Moral rights

Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law. To the 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 Our benefit. If not waivable, You hereby agree not to bring a claim against Us in connection thereto. Notwithstanding, You may add your name to the attribution mechanism customary used in the materials you Contribute to, such as the header of the source code files of Your Contribution, and We will respect this attribution when using Your Contribution.

2.3 Copyright license back to You

Upon such grant of rights to Us, We immediately grant to You a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, under the Copyright covering the Contribution to use the Contribution for any purpose.

This license back is limited to the Contribution and does not provide any rights to other materials.

3. Disclaimer

The Contribution is provided "as is". More particularly, all express or implied warranties including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement are expressly disclaimed by you to Us and by Us to you. To the extent that any such warranties cannot be disclaimed, such warranty is limited in duration and extent to the minimum period and extent permitted by law.

4. Consequential damage waiver

To the maximum extent permitted by applicable law, in no event will you or We 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.

5. Approximation of disclaimer and damage waiver

If the disclaimer and damage waiver mentioned in Section 3 and Section 4 cannot be given legal effect under applicable local law, reviewing courts shall apply local law that most closely approximates the provisions in those sections in connection with the Contribution.

6. Term

6.1 This Agreement shall come into effect upon Your clicking "Agree" to these terms and conditions.

6.2 In the event of a termination of this Agreement Sections 3, 4, 5, 6, and 7 shall survive such termination and shall remain in full force thereafter. For the avoidance of doubt, (sub)licenses that have already been granted for Contributions at the date of the termination shall remain in full force after the termination of this Agreement.

7. Miscellaneous

7.1 This Agreement and all disputes, claims, actions, suits or other proceedings arising out of this agreement or relating in any way to it shall be governed by the laws of Israel excluding its conflicts of laws provisions.

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

7.3 In case of Your death, this Agreement shall continue with Your heirs. In case of more than one heir, all heirs must exercise their rights through a commonly authorized person.

7.4 If any provision of this Agreement is found void or unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and that 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.

7.5 You agree to notify Us of any facts or circumstances of which you become aware that would make this Agreement inaccurate in any respect.

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