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Virgile Prevosto authoredVirgile Prevosto authored
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Contributor Agreement
Thank you for your interest in contributing to Frama-C, distributed by the Commissariat à l'Energie Atomique et aux Energies Alternatives ("We" or "Us").
The purpose of this Contributor Non-Exclusive License Agreement ("Agreement") is to clarify and document the rights granted by contributors to Us. To make this document effective and get started, please sign the Contributor License Agreement.
Please read this document carefully before signing and keep a copy for your records.
1. DEFINITIONS
"You" (/"Your") means the Individual Copyright owner or Entity as defined hereunder who submits a Contribution to Us. If You are an employee and submit the Contribution as part of your employment, You represent that you have the authority and/or required authorization in binding the Entity to this Agreement, and to sign this version of this document. In such case "You" (/"Yours") shall refer to such Entity.
"Documentation" means any non-software portion of a Contribution.
"Entity" shall mean the copyright owner or legal entity (including but not limited to any institution, company, corporation, partnership, government agency or university) authorized by the copyright owner that is making this Agreement with Us 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" means any original work of authorship (software and/or documentation) including any modifications or additions to an existing work, Submitted by You to Us, in which You own the Copyright.
"Copyright" means all rights protecting works of authorship owned or controlled by You, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You.
"Submit" means any form of physical, electronic, or written communication sent to Us, including but not limited to electronic mailing, source code control systems, and issue tracking systems that are managed by, or on behalf of, Us, but excluding communication that is clearly designated in writing by You as "Not a Contribution."
"Work" means any software or documentation made available by Us to third parties. Any Contribution You Submit may be included in the Material.
2. GRANT OF LICENSE
2.1 Grant of Copyright License.
Subject to the terms and conditions of this Agreement, You hereby grant to Us a worldwide, royalty-free, no-charge, non-exclusive, perpetual and irrevocable Copyright license, with the right to transfer an unlimited number of non-exclusive licenses or to grant non-exclusive sublicenses to third parties, to use the Contribution by all means, including but not limited to, the right to :
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Publish the Contribution in original or modified form ;
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Modify the Contribution, prepare derivative works based upon or containing the Contribution and combine the Contribution with other works;
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Reproduce the Contribution in original or modified form;
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Distribute, make the Contribution available to the public, display and publicly perform the Contribution in original or modified form under the terms of any license approved by Us.
2.2 Moral Rights
Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law. Notwithstanding, You may add your name in the header of the source code files of Your Contribution and We will respect this attribution when using Your Contribution.
3. GRANT OF PATENT LICENSE
Subject to the terms and conditions of this Agreement, You hereby grant to Us a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, to make, have made, use, offer to sell, sell, import, and otherwise transfer the Contribution, 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.
This license applies to all patents owned or controlled by You, whether already acquired or hereafter acquired, that would be infringed by making, having made, using, selling, offering for sale, importing or otherwise transferring of Your Contribution(s) alone or by combination of Your Contribution(s) with the Material.
You furthermore agree to notify Us of any patents that you know or come to know which are likely infringed by the Contribution and/or are not licensable by You.
If any entity institutes patent litigation against You or any other entity alleging that the Contribution, or the Work with which it has been combined, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Material shall terminate as of the date such litigation is filed.
If the litigation is withdrawn or otherwise settled, then any patent licenses granted to that entity under this agreement shall be reinstated as of the date the litigation was settled or withdrawn.
4. REPRESENTATIONS
a. If You are entering this Agreement as an individual, You represent that You are legally entitled to grant the licenses set forth in Sections 2 and 3. If Your employer(s) has rights to intellectual property that You create, such as your Contributions, You represent that You have received permission to make Contributions on behalf of that employer and that Your employer has waived such rights for Your Contributions to the Work.
b. If You are entering this Agreement on behalf of an Entity, You represent that You are legally entitled to grant the licenses set forth in Sections 2 and 3 and that each employee of the Entity that submits Contributions is authorized to submit such Contributions on behalf of the Entity.
In any case, You represent that:
i. The Contribution is Your original creation. If You do not, entirely or partially, own the Copyright in work of authorship comprising a Contribution, please contact Us before Submitting such Contribution.
ii. to the extent that Your Contribution is computer code, it includes 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.
iii. to the extent that Your Contribution is computer code, it contains no viruses, Trojan horses, backdoors, malicious code or other program that would allow anyone, including Us, to gain access to a computer or network other than what is fully documented and disclosed by Us.
5. DISCLAIMER OF WARRANTIES
Except as set forth in section 4, the contribution is provided "as is". More particularly, all express or implied warranties including, without limitation, any implied warranty of merchantability, 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 to the minimum period permitted by law.
6. CONSEQUENTIAL, APPROXIMATION OF DISCLAIMER AND DAMAGE WAIVER
To the maximum extent permitted by applicable law, in no event will You or Us 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.
If the disclaimer and damage waiver mentioned in section 5 and section 6 cannot be given legal effect under applicable local law, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the contribution.
7. TERM
This Agreement shall come into effect upon Your acceptance of the terms and conditions.
In the event of a termination of this Agreement Sections 5, 6 and 8 shall survive such termination and shall remain in full force thereafter. For the avoidance of doubt, Contributions that are already licensed under a free and open source license at the date of the termination shall remain in full force after the termination of this Agreement.
8. MISCELLANEOUS
8.1 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.
8.2 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 France excluding its private international law provisions.
8.3 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
8.4 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 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.
8.5 You agree to notify Us of any facts or circumstances of which you become aware that would make this Agreement inaccurate in any respect.
Signature
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