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Last active Oct 23, 2020
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Project Name: OpenJS Foundation

Project Entity: OpenJS Foundation

Individual Contributor License Agreement (“Agreement”) v2.0

Thank you for your interest in the project specified above (the “Project”). In order to clarify the intellectual property license granted with Contributions from any person or entity, the Project 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 the Project and its users; it does not change your rights to use your own Contributions for any other purpose.

If you have not already done so, please complete and sign this Agreement using the electronic signature portal made available to you by the Project or its third-party service providers, or email a PDF of the signed agreement to the email address specified above. Please read this document carefully before signing and keep a copy for your records.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to the Project. In return, the Project shall not use Your Contributions in a way that is contrary to the public benefit or inconsistent with its charter at the time of the Contribution. Except for the license granted herein to the Project and recipients of software distributed by the Project, 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 the Project. 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 other original works of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to the Project for inclusion in, or documentation of, any of the products owned or managed by the Project (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Project 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, the Project 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.”

  2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to the Project and to recipients of software distributed by the Project 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 the Project and to recipients of software distributed by the Project 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) 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 Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.

  4. 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 the Project, or that your employer has executed a separate Corporate CLA with the Project.

  5. You represent that each of Your Contributions is Your original creation (see section 7 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.

  6. 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.

  7. Should You wish to submit work that is not Your original creation, You may submit it to the Project 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]”.

  8. You agree to notify the Project of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.

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@rsimha rsimha commented Oct 22, 2020

Modified CLA text, as requested by @tobie via ampproject/amphtml#30793 (comment).

/cc @mrjoro @kristoferbaxter

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@tobie tobie commented Oct 22, 2020

You need to include the lines that are at the top of https://individual-cla.openjsf.org/ for the text of the CLA to make sense:

Project Name: OpenJS Foundation
Project Entity: OpenJS Foundation

I do think as this is for AMP only (from an implementation perspective given no other project uses this infrastructure) that you might want to just add the following instead, but I would like this double checked by @brianwarner:

Project Name: AMP Project
Project Entity: OpenJS Foundation

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@rsimha rsimha commented Oct 22, 2020

I've added the two headings as you've suggested.

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@tobie tobie commented Oct 23, 2020

Instructions from @brianwarner is to make it word for word identical with the text at https://individual-cla.openjsf.org/.

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@brianwarner brianwarner commented Oct 23, 2020

Hi all, yes please. That text has already been approved, and this makes the docs tool-independent - e.g., we can import signed docs into the tool the other projects will be using, and contributors won't have to sign again for other projects.

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@rsimha rsimha commented Oct 23, 2020

@brianwarner @tobie I've modified the text again. It now lists "OpenJS Foundation" as the project name / entity. I've left out the parts pertaining to hand signing / emailing the agreement because they will still need to electronically sign in order to satisfy the CLA check we have in place.

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@brianwarner brianwarner commented Oct 23, 2020

Hi @rsimha, the CLA language approved by the board should be good in that regard. We made a number of changes from the default Apache template so that the ICLA and CCLA use consistent language, and also modifications to reflect a digital signature process.

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@rsimha rsimha commented Oct 23, 2020

@brianwarner Thanks for confirming. This is what our CLA looks like right now.

image

the CLA language approved by the board should be good in that regard

Are you suggesting that you want the top bit and bottom bit respectively to read as follows?

Please sign the CLA for ampproject/

Version: 2020-10-23

Project Name: OpenJS Foundation

Project Entity: OpenJS Foundation

If emailing signed PDF, send to: operations@openjsf.org

Individual Contributor License Agreement (“Agreement”) v2.0

<...>
<...>

[Please complete and sign on the next page.]
Please sign: __________________________________ Date: ________________
Full name: ______________________________________________________
Mailing Address: ________________________________________________
________________________________________________
________________________________________________
Country: ______________________________________________________
E-Mail: _______________________________________________________

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@brianwarner brianwarner commented Oct 23, 2020

Is that information captured in an alternate way? (FWIW, that's a subset of the signature block that's used in the upstream Apache CLA text, just moved to the bottom of the document with a few ASF-specific things trimmed out)

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@tobie tobie commented Oct 23, 2020

Yes, we can totally add this language to the README and point them to https://individual-cla.openjsf.org if they want to sign the PDF instead of clicking on the button.

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