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170 lines
6.6 KiB
170 lines
6.6 KiB
1 year ago
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# Contributor License Agreements
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Thank you for your interest in contributing
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to software projects managed by Open Mobile Platform («We» or «Us»).
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This contributor agreement («Agreement»)
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documents the rights granted by contributors to Us.
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To make this document effective,
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please sign it and send it to Us by email or electronic submission.
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This is a legally binding document,
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so please read it carefully before agreeing to it.
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The Agreement may cover more than one software project managed by Us.
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## 1. Definitions
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**«We» or «Us»** means Open Mobile Platform Limited Liability Company
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(Open Mobile Platform LLC),
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420500, Republic of Tatarstan, Verkhneuslonsky District,
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Innopolis, Universitetskaya Street, h. 7, office 59,
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OGRN (Primary State Registration Number) 1161690087020.
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**«You»** means the individual who Submits a Contribution to Us.
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**«Contribution»** means any work of authorship
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that is Submitted by You to Us
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in which You own or assert ownership of the Copyright.
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**«Copyright»** means all rights protecting works of authorship
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owned or controlled by You,
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including copyright, moral and neighboring rights, as appropriate,
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for the full term of their existence including any extensions by You.
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**«Material»** means the work of authorship
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which is made available by Us to third parties.
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When this Agreement covers more than one software project,
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the Material means the work of authorship
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to which the Contribution was Submitted.
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After You Submit the Contribution,
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it may be included in the Material.
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**«Submit»** means any form of electronic, verbal, or written communication
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sent to Us or our representatives,
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including but not limited to electronic mailing lists,
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source code control systems, and issue tracking systems
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that are managed by, or on behalf of, Us
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for the purpose of discussing and improving the Material,
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but excluding communication that is conspicuously marked
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or otherwise designated in writing by You as «Not a Contribution».
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**«Submission Date»** means the date
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on which You Submit a Contribution to Us.
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**«Effective Date»** means the date You execute this Agreement
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or the date You first Submit a Contribution to Us,
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whichever is earlier.
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**«Media»** means any portion of a Contribution which is not software.
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## 2. Grant of Rights
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### 2.1. Copyright License
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(a) You retain ownership of the Copyright in Your Contribution
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and have the same rights to use or license the Contribution
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which You would have had without entering into the Agreement.
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(b) To the maximum extent permitted by the relevant law,
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You grant to Us a perpetual, worldwide, non-exclusive,
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transferable, royalty-free, irrevocable license
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under the Copyright covering the Contribution,
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with the right to sublicense
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such rights through multiple tiers of sublicensees,
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to reproduce, modify, display, perform and distribute
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the Contribution as part of the Material;
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provided that this license is conditioned upon compliance with Section 2.3.
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### 2.2. Patent License
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For patent claims including, without limitation,
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method, process, and apparatus claims
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which You own, control or have the right to grant, now or in the future,
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You grant to Us a perpetual, worldwide, non-exclusive,
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transferable, royalty-free, irrevocable patent license,
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with the right to sublicense these rights to multiple tiers of sublicensees,
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to make, have made, use, sell, offer for sale, import
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and otherwise transfer the Contribution
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and the Contribution in combination with the Material
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(and portions of such combination).
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This license is granted only to the extent
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that the exercise of the licensed rights infringes such patent claims;
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and provided that this license is conditioned upon compliance with Section 2.3.
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### 2.3. Outbound License
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Based on the grant of rights in Sections 2.1 and 2.2,
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if We include Your Contribution in a Material,
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We may license the Contribution under any license,
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including copyleft, permissive, commercial, or proprietary licenses.
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As a condition on the exercise of this right,
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We agree to also license the Contribution
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under the terms of the license or licenses
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which We are using for the Material on the Submission Date.
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### 2.4. Our Rights
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You acknowledge that We are not obligated
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to use Your Contribution as part of the Material
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and may decide to include any Contribution We consider appropriate.
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## 3. Agreement
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You confirm that:
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(a) You have the legal authority to enter into this Agreement.
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(b) You own the Copyright and patent claims
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covering the Contribution which are required
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to grant the rights under Section 2.
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(c) The grant of rights under Section 2
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does not violate any grant of rights
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which You have made to third parties, including Your employer.
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If You are an employee,
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You have had Your employer approve this Agreement
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or sign the Entity version of this document.
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If You are less than eighteen years old,
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please have Your parents or guardian sign the Agreement.
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## 4. Disclaimer
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EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3,
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THE CONTRIBUTION IS PROVIDED «AS IS».
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MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES
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INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE
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AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US.
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TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED,
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SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
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## 5. Miscellaneous
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5.1. This Agreement will be governed by and construed
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in accordance with the laws of Russian Federation.
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5.2. This Agreement sets out the entire agreement between You
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and Us for Your Contributions to Us
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and overrides all other agreements or understandings.
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5.3. If You or We assign the rights or obligations
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received through this Agreement to a third party,
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as a condition of the assignment,
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that third party must agree in writing
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to abide by all the rights and obligations in the Agreement.
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5.4. The failure of either party to require performance
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by the other party of any provision of this Agreement in one situation
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shall not affect the right of a party
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to require such performance at any time in the future.
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A waiver of performance under a provision in one situation
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shall not be considered a waiver of the performance
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of the provision in the future or a waiver of the provision in its entirety.
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5.5. If any provision of this Agreement is found void and unenforceable,
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such provision will be replaced to the extent possible with a provision
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that comes closest to the meaning of the original provision
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and which is enforceable.
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The terms and conditions set forth in this Agreement
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shall apply notwithstanding any failure of essential purpose
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of this Agreement or any limited remedy
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to the maximum extent possible under law.
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