Open Source Agreement
Thank you for your interest in contributing to the open source projects which we develop or maintain.
This open source contributor agreement ("Agreement") documents the open source rights granted by contributors to us. "You" means the individual who Submits a Contribution to Us, the ArtSci Intl. Foundation, a non-profit entity committed to open-source software and media ("We" or "Us" in the license agreement below).
The point of this agreement is to establish and guarantee Your freedoms as the Copyright holder, as well as our Freedoms to use your copyrighted material under established licenses recognized within the open source software & media ecosystem.
To make this document effective, please fill in the electronic form below. This is a legally binding document, so read it carefully. The Agreement covers material related to Narupa and Isness, and future projects which may arise out of these.
1. Definitions
"Contribution" means any work of authorship that is Submitted by You to Us which You own, or assert ownership of the Copyright, or which you have the right to license.
"Copyright" means all rights protecting works of authorship owned or controlled by You, including copyright, moral and neighbouring rights, as appropriate, for the full term of their existence including any extensions by You.
"Material" means the work of authorship (including software content [for example source code, documentation, input files, APIs, etc.] and/or derived Media [for example photos, videos, audio recordings, scripts, etc.]) which is made available by Us to third parties. When this Agreement covers more than one software project and any derived media, the Material means the work of authorship to which the Contribution was Submitted. After You Submit the Contribution, it may be included in the Material.
"Submit" means any form of electronic, verbal, or written communication sent to Us or our representatives, including but not limited to electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Us for the purpose of discussing and improving the Material, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
"Submission Date" means the date on which You Submit a Contribution to Us.
"Effective Date" means the date You execute this Agreement or the date You first Submit a Contribution to Us, whichever is earlier.
"Media" means any portion of a Contribution which is not software.
2 Grant of Rights
2.1 Copyright License
(a) You retain ownership of the Copyright in Your Contributions and have the same rights to use or license the Contribution which You would have had without entering into this Agreement.
(b) If we include Your Contribution in a software product or service, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable right to license or relicense it at any time under any of the licenses recognized by the Open source Initiative listed at opensource.org/licenses. As a condition on the exercise of this right, We will license the Contribution under the terms of the open source license or licenses which we are using on the Submission Date (currently GPL v3.0).
(c) If we include Your Media Contribution in a software product or service, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable right to license or relicense it under any of the Creative Commons licenses listed at creativecommons.org/licenses/. As a condition on the exercise of this right, We will license the Contribution under the terms of the creative commons license or licenses which we are using on the Submission Date (currently CC-SA 4.0).
2.2 Moral Rights. If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
2.3 Our Rights. You acknowledge that We are not obligated to use Your Contribution and may decide to include any Contribution We consider appropriate.
2.4 Reservation of Rights. Any rights not expressly assigned or licensed under this section are expressly reserved by You.
3. Agreement
You confirm that:
(a) You have the legal authority to enter into this Agreement.
(b) You have rights to license the Copyright covering the Contribution which are required to grant the rights under Section 2.
(c) The grant of rights under Section 2 does not violate any grant of rights which You have made to third parties, including Your employer. If You are an employee, You have the rights to approve this Agreement. If You are less than eighteen years old, please have Your parents or guardian sign the Agreement.
4. Disclaimer
Except for the express warranties in section 3, 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.
5. Consequential 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.
6. Miscellaneous
6.1 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
6.2 If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.
6.3 The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety.
6.4 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 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.