Thank you for your interest in contributing to any open source software projects (“Projects”) made available by BMO Soluciones Sociedad Anonima or its affiliates (“BMO”). This Individual Contributor License Agreement (“Agreement”) sets out the terms governing any source code, object code, bug fixes, configuration changes, tools, specifications, documentation, data, materials, feedback, bugs reports, feature requests, information or other works of authorship that you submit or have submitted, in any form and in any manner, to BMO in respect of any of the Projects (collectively “Contributions”). If you have any questions respecting this Agreement, please contact development@bmogroup.solucions.
This license is for your protection as a Contributor as well as the protection of BMO; it does not change your rights to use your own Contributions for any other purpose.
Contributions from third parties are fundamental for the growth and development of a open source software project, however before including contributions from third parties in the project we must ensure that the collaborator understands that he is making a contribution to a project governed under a Free Open Source License and that you agree to make your contribution to the project respecting the terms of the license chosen by BMO Soluciones and the guarantees that this license grants to the users of the project, as well as respecting the fact that BMO Soluciones becomes the holder of the contributions made to the project.
You also agree to make your contributions in good faith with the intention of supporting the development of the project and express that you have no intention of legally suing BMO Soluciones or the users of the project for the use of your contributions made to the project, it is explicitly understood that both BMO Solutions and their users can use the project for profit, but as a collaborator of a open source software project you understand that the profit or benefit that the creators or users of open source projects may have is an integral part of the rights granted by the license that governs the project.
You agree that the following terms apply to all of your past, present and future Contributions. Except for the licenses granted in this Agreement, you retain all of your right, title and interest in and to your Contributions.
You represent that each of Your Contributions is Your original creation and You hereby grant, and agree to grant, to BMO a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute your Contributions and such derivative works, with the right to sublicense the foregoing rights through multiple tiers of sublicensees.
You hereby grant, and agree to grant, to BMO a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer your Contributions, 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 Project to which such Contributions were submitted, with the right to sublicense the foregoing rights through multiple tiers of sublicensees.
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.
To the fullest 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 the benefit of BMO, its assigns, and their respective direct and indirect sublicensees.
If your Contribution includes or is based on any source code, object code, bug fixes, configuration changes, tools, specifications, documentation, data, materials, feedback, information or other works of authorship that were not authored by you (“Third Party Content”) or if you are aware of any third party intellectual property or proprietary rights associated with your Contribution (“Third Party Rights”), then you agree to include with the submission of your Contribution full details respecting such Third Party Content and Third Party Rights, including, without limitation, identification of which aspects of your Contribution contain Third Party Content or are associated with Third Party Rights, the owner/author of the Third Party Content and Third Party Rights, where you obtained the Third Party Content, and any applicable third party license terms or restrictions respecting the Third Party Content and Third Party Rights. For greater certainty, the foregoing obligations respecting the identification of Third Party Content and Third Party Rights do not apply to any portion of a Project that is incorporated into your Contribution to that same Project.
You represent that, other than the Third Party Content and Third Party Rights identified by you in accordance with this Agreement, you are the sole author of your Contributions and are legally entitled to grant the foregoing licenses and waivers in respect of your Contributions. If your Contributions were created in the course 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.
To the fullest extent permitted under applicable law, your Contributions are provided on an "asis" basis, without any warranties or conditions, express or implied, including, without limitation, any implied warranties or conditions of non-infringement, merchantability or fitness for a particular purpose. You are not required 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.
You acknowledge that BMO is under no obligation to use or incorporate your Contributions into any of the Projects. The decision to use or incorporate your Contributions into any of the Projects will be made at the sole discretion of BMO or its authorized delegates.
This Agreement shall be governed by and construed in accordance with the laws of Nicaragua, without giving effect to its principles or rules regarding conflicts of laws, other than such principles directing application of Nicaragua law. The parties hereby submit to venue in, and jurisdiction of the courts located in Nicaragua relating to this Agreement. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.
You agree that BMO Soluciones, S.A. may assign this Agreement, and all of its rights, obligations and licenses hereunder.