6.6 KiB
Individual Contributor License Agreement (CLA)
Thank you for your interest in contributing to e621 ("We" or "Us").
This Contributor License Agreement ("Agreement") aims to clarify and document the rights granted by individual contributors ("You") to Us for contributions made to our project. This Agreement applies to contributions submitted to Us via pull requests or any other submission method. For instructions, please visit: https://github.com/e621ng/e621ng/pulls
0. Preamble
Free and Open Source Software plays an integral role in our daily lives. It provides the freedom to use, modify, understand, and share software. These freedoms support other fundamental rights, such as freedom of speech and privacy.
Contributing to Free and Open Source Software (FOSS) often involves multiple contributors. This Agreement ensures clarity over the ownership and licensing of contributions while maintaining a fair balance of rights between contributors and the project.
To prevent fragmentation of rights and potential abuse of ownership, this Agreement follows principles similar to those of the Free Software Foundation Europe (FSFE) Fiduciary License Agreement (FLA). However, this is a distinct agreement tailored to our project's specific needs.
This Agreement only addresses the transfer of economic rights. Moral rights, such as the right to be recognized as the author, remain with the original author(s).
1. Definitions
- "You" means the individual who owns the copyright of the contribution and submits it to Us.
- "Contribution" refers to any original work of authorship submitted by You, including any additions or modifications, where You hold the copyright.
- "Copyright" refers to all rights protecting works of authorship, including copyright, moral, and neighboring rights, for the full term of their existence.
- "Material" refers to the software or documentation made available by Us, to which Your Contribution is added or combined.
- "Submit" means any act of providing the Contribution to Us through various media, including but not limited to source code control systems or electronic mailing lists.
- "Documentation" refers to any non-software part of the Contribution.
2. License Grant
2.1 License to Us
You grant Us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use your Contribution. This includes, but is not limited to:
- Publishing the Contribution,
- Modifying the Contribution,
- Preparing derivative works,
- Reproducing and distributing the Contribution in original or modified form,
- Making the Contribution publicly available or performing it.
2.2 Moral Rights
Moral rights remain unaffected to the extent they are recognized by law. If You wish to be attributed in your Contribution (e.g., by including your name in the source code headers), We will respect this attribution when using your Contribution.
2.3 License Back to You
Upon granting Us rights to your Contribution, We immediately grant back to You a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use the Contribution for any purpose, including publishing, modifying, and distributing it. This license-back only applies to the Contribution itself and does not extend to the Material.
3. Patents
3.1 Patent License
You grant Us and the recipients of the Material a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable patent license to make, use, sell, offer for sale, and otherwise transfer the Contribution or any combination of the Contribution with other Material.
3.2 Revocation of Patent License
You reserve the right to revoke the patent license granted under Section 3.1 if We initiate any patent infringement claims that target your Contribution, unless such claims are made for defensive purposes. A "defensive purpose" refers to claims made in response to patent infringement claims initiated by a third party against Us or any of our licensees.
4. License Obligations by Us
We agree to sublicense Your Contribution and any derived Material only under terms classified as Free Software licenses by the Free Software Foundation and approved as Open Source licenses by the Open Source Initiative (OSI). Specifically, the BSD-2-Clause license will apply unless explicitly changed with prior notification.
If future versions of licenses are adopted, You will be notified, and the new licenses will apply only with Your approval.
5. Disclaimer
Your Contribution is provided "as is." All warranties, express or implied, including any warranties of fitness for a particular purpose, satisfactory quality, and non-infringement, are expressly disclaimed. To the extent such warranties cannot be fully disclaimed, they are limited to the minimum period and extent permitted by law.
6. Consequential Damage Waiver
To the maximum extent permitted by applicable law, neither You nor We will be liable for any indirect, special, incidental, or consequential damages arising from this Agreement, including but not limited to loss of profits, data, or savings.
7. Approximation of Disclaimer and Damage Waiver
If the disclaimer or damage waiver in Sections 5 and 6 cannot be fully enforced under applicable local law, the parties agree to apply local law that most closely approximates an absolute waiver of liability.
8. Term and Termination
8.1 Effective Date
This Agreement becomes effective upon your acceptance of the terms and conditions.
8.2 Termination Rights
You may terminate this Agreement if We fail to comply with Section 4 obligations. Termination must be in writing. Contributions and sublicenses made prior to termination will remain in force under the original license terms.
8.3 Survival
Sections 5, 6, 7, 8, and 9 shall survive termination and remain enforceable thereafter.
9. Miscellaneous
9.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Arizona, USA, excluding its conflict of law principles.
9.2 Entire Agreement
This Agreement constitutes the entire agreement between You and Us concerning your Contributions and supersedes all prior understandings.
9.3 Death of Contributor
In the event of your death, this Agreement shall continue with your heirs, who must exercise their rights through an authorized representative.
9.4 Severability
If any part of this Agreement is found to be unenforceable, it will be replaced with an enforceable provision that best approximates the original intent.
9.5 Updates to Agreement
You agree to notify Us if any information or circumstances arise that would make this Agreement inaccurate or incomplete.