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* update License GPLv3 * fix typo * rephrase paragraph * rephrase paragraph * update license headers Co-authored-by: ca <[email protected]> Co-authored-by: ca333 <[email protected]> Co-authored-by: Artem Vitae <[email protected]>
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Software Grant and Contributor License Agreement (CLA) | ||
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In order to clarify the intellectual property license granted with Contributions from any person or entity, we must have a Contributor License Agreement (CLA) on file that has been signed by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of " Atomic Private Limited" (the "Company, Us and Our) users; | ||
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This version of the Agreement allows Contributors to submit Contributions to us, to authorize Contributions and to grant copyright and patent licenses thereto. | ||
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You accept and agree to the following terms and conditions for Your present and future Contributions submitted to Us. Except for the license granted herein to Us and recipients of software distributed by Us, you reserve certain rights, title, and interest in and to your Contributions. | ||
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"Contribution" shall mean the code, documentation or any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by you to us for inclusion in, or documentation of, any of the products owned or managed by us (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to us or our representatives, including but not limited to communication on 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 Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution." | ||
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"Code" means the computer software code, whether in human-readable or machine-executable form. | ||
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"Submit" is the act of uploading, submitting, transmitting, or distributing code or other content to project, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the project for the purpose of discussing and improving that project. | ||
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You must agree to the terms of this Agreement before making a Submission to the Project. | ||
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Copyright License: Subject to the terms and conditions of this Agreement, you hereby grant to us and to recipients of software distributed by us a perpetual, worldwide, exclusive, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute your contributions and such derivative works. | ||
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Patent License: Subject to the terms and conditions of this Agreement, You hereby grant to us and to recipients of software distributed by us a perpetual, worldwide, exclusive, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by you that are necessarily infringed by your contribution(s) alone or by combination of your contribution(s) with the Work to which such contribution(s) was submitted. | ||
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If any entity institutes patent litigation against you or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that contribution or Work shall terminate as of the date such litigation is filed. | ||
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If you choose to provide us with suggestions, ideas for improvement, recommendations or other feedback, on any Work we may use your feedback without any restriction or payment. | ||
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Each party reserves all rights not expressly granted in this Agreement. No additional licenses or rights whatsoever (including, without limitation, any implied licenses) are granted by implication, exhaustion, estoppel or otherwise. For permitted and/or restricted uses of software, please see the copyright notice attached to this project. | ||
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You represent that You are legally entitled to grant the above licenses. You represent that each of Your Submissions is entirely Your original work (except as You may have disclosed under this Agreement). | ||
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You represent that You have secured permission from Your employer to make the Submission in cases where Your Submission is made in the course of Your work for Your employer or Your employer has intellectual property rights in Your Submission by contract or applicable law. | ||
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If You are signing this Agreement on behalf of Your employer, you represent and warrant that You have the necessary authority to bind the listed employer to the obligations contained in this Agreement. | ||
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You are not expected to provide support for your contributions, except to the extent you desire to provide support. You may provide support for free, for a fee, or not at all. | ||
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Should You wish to submit work that is not your original creation, you may submit it to us separately from any contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party" followed by the names of the third party and any licenses or other restrictions of which you are aware, and follow any other instructions in the Project's written guidelines concerning Submissions. | ||
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References to "employer" in this Agreement include Your employer or anyone else for whom You are acting in making Your Submission, e.g. as a contractor, vendor, or agent. If Your Submission is made in the course of Your work for an employer or Your employer has intellectual property rights in Your Submission by contract or applicable law, you must secure permission from Your employer to make the Submission before signing this Agreement. In that case, the term "You" in this Agreement will refer to You and the employer collectively. | ||
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If You change employers in the future and desire to Submit additional Submissions for the new employer, then You agree to sign a new Agreement and secure permission from the new employer before Submitting those Submissions. | ||
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You agree to notify " Atomic Private Limited" in writing of any facts or circumstances of which You later become aware that would make Your representations in this Agreement inaccurate in any respect. | ||
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You agree that contributions to Project and information about contributions may be maintained indefinitely and disclosed publicly, including Your name and other information that You submit with Your Submission. | ||
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You agree to resolve disputes in a prompt, low-cost and mutually beneficial way. Before taking legal action or requesting legal proceedings, you will personally participate in an alternative dispute resolution procedure. Mediation and/or arbitral forum will be mutually selected and parties of the alternative dispute resolution will choose the procedure. | ||
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The arbitration will be administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the "Rules"). The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/. | ||
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Any arbitration must be commenced by filing a demand for arbitration within 6 months after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim, otherwise, such cause of action or claim is permanently barred. If applicable law provides a different limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. | ||
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Any arbitration hearing ("Hearing") may be conducted through online means including but not limited to videoconference, upon request from either party. The Hearing will be conducted in English, and the Arbitrator may, at his or her discretion, also select a secondary language upon request by either party. | ||
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You may be required, at Company's sole discretion, to give up any and all rights you may have to seek legal action to resolve any disputes arising from these terms through any other means, including but not limited to any court of law. | ||
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The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section. | ||
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You give up your right to participate in a class action or other class proceeding. | ||
This Agreement is the entire agreement between the parties, and supersedes any and all prior agreements, understandings or communications, written or oral, between the parties relating to the subject matter hereof. This Agreement may be assigned by " Atomic Private Limited". | ||
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By signing, you accept and agree to the terms of this Contribution License Agreement for Your present and future Submissions to " Atomic Private Limited". | ||
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Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software with a limited restrictions as envisaged under the Copyright notice, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so. |
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