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CONTRIBUTOR_AGREEMENT.md

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Project Topaz Limited Contributor License Agreement

(Updated December 20, 2019)

By submitting a Pull Request to Project Topaz ("Us", "We", "Our"), You represent, warrant, and agree:

  • 1. Representations and Warranties; Indemnification
    • You have the legal authority to enter into this Agreement
    • You own the Copyright and patent claims covering Your Contribution, and that such claims may not also be claimed by third parties, including Your school or employer
    • The rights You grant Us do not violate any grant of right You have made to third parties, or any other rights owned by third parties
    • Your Contribution can be legally licensed under either the GPLv3, the AGPLv3, or their later versions
    • You shall, at Our request, indemnify, defend, and hold harmless Project Topaz, its affiliates, and its officers from and against any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees), arising from your breach, or alleged breach, of this Section 1.
  • 2. Contribution License
  • You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable license to, at any time, and without notice to You:
    • License or relicense, and then convey, the Contribution under any version of the GPL or AGPL
    • Add to, modify, or remove from the Contribution any Additional Permissions under Section 7, Additional Terms of either the GPLv3 or AGPLv3 licenses, provided:
      • The Additional Permission is or was a reasonable attempt to increase user modification, server customization, or project adoption; or
      • The Additional Permission is or was a reasonable attempt to restrict the requirements of Section 13, Remote Network Interaction of the AGPLv3, from applying to a modification or Program which falls outside the current scope of Project Topaz; and
      • The Additional Permission would not violate the terms of a hypothetical GPLv3 license (not AGPLv3) which lacks Additional Permissions
    • Add to, modify, or remove from the Contribution any supplemental non-permissive terms which are allowed under Section 7, Additional Terms of either the GPLv3 or AGPLv3
    • License or relicense, and then convey, the Contribution under any version of the Project Topaz License, provided:
      • That version of the Project Topaz License does not violate the terms of a GPLv3 license (with any supplemental non-permissive terms allowed under Section 7, Additional Terms); and
      • In the event that version of the Project Topaz License would violate a term of the GPLv3 license, the rest of the Project Topaz License will remain in the full effect allowed by the GPLv3
    • Grant to third parties, at Our sole discretion, a limited license applying to Your Contribution which exempts them from being bound by any requirement of Section 13, Remote Network Interaction of the AGPLv3, if at the time the license is granted:
      • Their modification would be in violation of the Additional Permissions enumerated in the current version of the Project Topaz License;
      • Their modification can not be reasonably achieved with the methods the Program provides or intends for modification, without violating the Additional Permissions of that Project Topaz License; and
      • The license expires when the modification can be reasonably achieved with methods the Program later provides or intends for modification, while fully abiding by the Project Topaz License
  • All references to both the GNU General Public License and the GNU Affero Public License may, at Our sole option, and without notice to You:
    • Be updated to any later version of those licenses, and we may relicense Your Contribution under those later versions
    • Any restrictions placed on the terms for which We may license Your Contribution may be updated to reference those later versions
  • 3. Compensation; Attribution; Waiver
    • The potential inclusion of Your Contribution in Project Topaz is the only compensation for Your Contribution. You are not entitled to any payments, royalties, or other consideration of any kind.
    • We may, but are not required to, include attribution to You in files which Project Topaz uses to track or list contributors, such as an AUTHORS file.
    • You waive any claims and rights arising from Our authorized use of the Contribution, such as the right to be named as the author, to control modifications, to prevent Your identification as author, and right to prevent commercial usage, to the extent those rights would interfere with those You have granted Us.
  • 4. Contribution Ownership
    • You continue to retain all ownership rights to Your contribution, including any and all Copyright and patent claims.
    • Any and all rights You grant to Project Topaz are not exclusive, and You may grant them to other third parties.
    • In the event that You transfer Your ownership rights to any third party, Project Topaz will retain the rights You have granted us.
  • 5. General
    • Nothing in this Agreement shall be construed to allow Us to convey your Contribution in any fashion which would violate the terms of a GPLv3 license (not AGPLv3) which lacks Additional Permissions. For example, We may not, even with this license You are granting to Us, convey your Contribution without the underlying source code, or remove the copyleft nature of the GPLv3 from Your Contribution.
    • All Contributions currently in the Project Topaz repository for which You own the Copyright and patent claims to will be subject to this Agreement, as written at the time of your most recent Contribution to Us, regardless of when the Contributions were added to the repository.
    • This Agreement applies even if the Pull Request is later closed, by either You or Us, without being merged.