path: root/cla.tex

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\newcommand{\versioninfo}{Revision 1, 2018-06-03}

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\title{\bfseries
  Gentoo Contributor License Agreement \\
  \textsmaller{(based on FSFE's FLA-2.0)}
}
\author{}
\date{\versioninfo}
\hypersetup{
  pdftitle={Gentoo Contributor License Agreement}
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\markright{Gentoo Contributor License Agreement, \MakeLowercase{\versioninfo}}

\begin{document}

\maketitle

Thank you for your interest in contributing to Gentoo Linux.

The purpose of this contributor license agreement (``Agreement'') is
to clarify and document the rights granted by contributors to Us.
To make this document effective, please follow the instructions at
(to be done).

\section{Preamble}

Software is deeply embedded in all aspects of our lives and it is
important that it empower, rather than restrict us. Free Software
gives everybody the rights to use, understand, adapt and share
software. These rights help support other fundamental freedoms like
freedom of speech, press and privacy.

Development of Free Software can follow many patterns. In some cases
whole development is handled by a sole programmer or a small group
of people. But usually, the creation and maintenance of software is
a complex process that requires the contribution of many individuals.
This also affects who owns the rights to the software. In the latter
case, rights in software are owned jointly by a great number of
individuals.

To tackle this issue some projects require a full copyright assignment
to be signed by all contributors. The problem with such assignments is
that they often lack checks and balances that would protect the
contributors from potential abuse of power from the new copyright
holder.

FSFE's Fiduciary License Agreement (FLA) was created by the Free
Software Foundation Europe e.\,V. with just that in mind -- to
concentrate all deciding power within one entity and prevent
fragmentation of rights on one hand, while on the other preventing
that single entity from abusing its power. The main aim is to ensure
that the software covered under the FLA will forever remain Free
Software.

This process only serves for the transfer of economic rights.
So-called moral rights (e.g.\ author's right to be identified as
author) remain with the original author(s) and are inalienable.

This Gentoo Contributor License Agreement has been derived from
FSFE's FLA-2.0. In order to be compatible with the Gentoo licensing
policy, it requires licenses to be approved by the FSF but not
necessarily by the OSI. Requiring approval by both (as FLA-2.0 does)
would exclude usage of any Creative Commons license for documentation.

\subsection*{How to use this Agreement}

If You are an employee and have created the Contribution as part of
your employment, You need to have Your employer approve this Agreement.
If You do not own the Copyright in the entire work of authorship,
any other author of the Contribution should also sign this -- in any
event, please contact Us at \url{trustees@gentoo.org}.

\section{Definitions}

\textbf{``You''} means the individual Copyright owner who Submits
a Contribution to Us.

\textbf{``We''} or \textbf{``Us''} means Gentoo Foundation, Inc.

\textbf{``Contribution''} means any original work of authorship,
including any original modifications or additions to an existing work
of authorship, Submitted by You to Us, in which You own the Copyright.

\textbf{``Copyright''} means all rights protecting works of
authorship, including copyright, moral and neighboring rights, as
appropriate, for the full term of their existence.

\textbf{``Material''} means the software or documentation made
available by Us to third parties. When this Agreement covers more than
one software project, the Material means the software or documentation
to which the Contribution was Submitted. After You Submit the
Contribution, it may be included in the Material.

\textbf{``Submit''} means any act by which a Contribution is
transferred to Us by You by means of tangible or intangible media,
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, but excluding any transfer that is conspicuously marked
or otherwise designated in writing by You as ``Not a Contribution.''

\textbf{``Documentation''} means any non-software portion of a
Contribution.

\section{License grant}

\subsection{Copyright license to Us}

Subject to the terms and conditions of this Agreement, You hereby
grant to Us a worldwide, royalty-free, exclusive, perpetual and
irrevocable (except as stated in Section~\ref{terminate}) 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 by all means,
including, but not limited to:
\begin{itemize}
\item publish the Contribution,
\item modify the Contribution,
\item prepare derivative works based upon or containing the
  Contribution and/or to combine the Contribution with other
  Materials,
\item reproduce the Contribution in original or modified form,
\item distribute, to make the Contribution available to the
  public, display and publicly perform the Contribution in original
  or modified form.
\end{itemize}

\subsection{Moral rights}
Moral Rights remain unaffected to the extent they are recognized and
not waivable by applicable law. 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.

\subsection{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
by all means, including, but not limited to:
\begin{itemize}
\item publish the Contribution,
\item modify the Contribution,
\item prepare derivative works based upon or containing the
  Contribution and/or to combine the Contribution with other
  Materials,
\item reproduce the Contribution in original or modified form,
\item distribute, to make the Contribution available to the public,
  display and publicly perform the Contribution in original or
  modified form.
\end{itemize}

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

\section{Patents}

\subsection{Patent license}
\label{pat-license}

Subject to the terms and conditions of this Agreement You hereby grant
to Us and to recipients of Materials distributed by Us a worldwide,
royalty-free, non-exclusive, perpetual and irrevocable (except as
stated in Section~\ref{pat-revoc}) 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, sell, offer
for sale, import and otherwise transfer the Contribution and the
Contribution in combination with any Material (and portions of such
combination). 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 any Material.

\subsection{Revocation of patent license}
\label{pat-revoc}

You reserve the right to revoke the patent license stated in
Section~\ref{pat-license} if We make any infringement claim that is
targeted at your Contribution and not asserted for a Defensive
Purpose. An assertion of claims of the Patents shall be considered for
a ``Defensive Purpose'' if the claims are asserted against an entity
that has filed, maintained, threatened, or voluntarily participated
in a patent infringement lawsuit against Us or any of Our licensees.

\section{License obligations by Us}
\label{obligations}

We agree to (sub)license the Contribution or any Materials containing,
based on or derived from your Contribution under the terms of any
licenses the Free Software Foundation classifies as Free Software
licenses.

% The following paragraph is added by the chooser option "custom
% licensing policy in accordance with FSF and OSI approved licenses"
More specifically and in strict accordance with the above paragraph,
We agree to (sub)license the Contribution or any Materials containing,
based on or derived from the Contribution only in accordance with Our
licensing policy available at: \\
\url{https://www.gentoo.org/glep/glep-0076.html}.

We agree to license patents owned or controlled by You only to the
extent necessary to (sub)\-license Your Contribution(s) and the
combination of Your Contribution(s) with the Material under the terms
of any licenses the Free Software Foundation classifies as Free
Software licenses.

\section{Disclaimer}
\label{disclaimer}

\textbf{%
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.}

\section{Consequential damage waiver}
\label{waiver}

\textbf{%
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.}

\section{Approximation of disclaimer and damage waiver}
\label{approx}

\textbf{%
If the disclaimer and damage waiver mentioned in
Section~\ref{disclaimer} and Section~\ref{waiver} 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 or contractual liability in connection with the contribution.}

\section{Term}
\label{term}

\begin{enumerate}[label=\thesection.\arabic*,align=left,leftmargin=*]
\item This Agreement shall come into effect upon Your acceptance
  of the terms and conditions.
\item \label{terminate} This Agreement shall apply for the term of
  the copyright and patents licensed here. However, You shall have
  the right to terminate the Agreement if We do not fulfill the
  obligations as set forth in Section~\ref{obligations}.
  Such termination must be made in writing.
\item In the event of a termination of this Agreement
  Sections \ref{disclaimer}, \ref{waiver}, \ref{approx}, \ref{term},
  and~\ref{misc} shall survive such termination and shall remain in
  full force thereafter. For the avoidance of doubt, Free and Open
  Source Software (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.
\end{enumerate}

\section{Miscellaneous}
\label{misc}

\begin{enumerate}[label=\thesection.\arabic*,align=left,leftmargin=*]
\item 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 New Mexico, U.S.A. excluding its
  private international law provisions.
\item This Agreement sets out the entire agreement between You and Us
  for Your Contributions to Us and overrides all other agreements or
  understandings.
\item 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.
\item 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.
\item You agree to notify Us of any facts or circumstances of which
  you become aware that would make this Agreement inaccurate in any
  respect.
\end{enumerate}

\section*{You}

\begin{tabularx}{\textwidth}{@{}lp{9em}lX@{}}
Name:      & \multicolumn{3}{l@{}}{\hrulefill} \\[3ex]
Title:     & \multicolumn{3}{l@{}}{\hrulefill} \\[3ex]
Address:   & \multicolumn{3}{l@{}}{\hrulefill} \\[3ex]
           & \multicolumn{3}{l@{}}{\hrulefill} \\[5ex]
Date:      & \hrulefill & Signature: & \hrulefill \\
\end{tabularx}

\section*{Us}

\begin{tabularx}{\textwidth}{@{}lp{9em}lX@{}}
\hphantom{Address:}
 & \multicolumn{3}{l}{\texttt{Gentoo Foundation, Inc.}} \\
 & \multicolumn{3}{l}{\texttt{500 Westover Dr., \#10605}} \\
 & \multicolumn{3}{l}{\texttt{Sanford, NC 27330}} \\
 & \multicolumn{3}{l}{\texttt{United States}} \\[5ex]
Date:      & \hrulefill & Signature: & \hrulefill \\
\end{tabularx}

% Recreate this Contributor License Agreement
% http://contributoragreements.org/u2s/tzi5bvm7v

\end{document}