In order to clarify the intellectual property license granted with Contributions from any person or entity, L2F SA, Bâtiment D EPFL Innovation Park, 1015 Lausanne, Switzerland (L2F) must have a Contributor License Agreement on file that has been signed by each Contributor, indicating agreement to the terms below. This agreement (the Agreement) is for Your protection as a contributor as well as the protection of L2F.
You accept and agree to the following terms and conditions for Your present and future Contributions submitted to L2F. Except for the rights granted herein to L2F, and (at L2F’s discretion) recipients of software made available by L2F, You reserve all right, title, and interest in and to Your Contributions.
You (or Your) shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with L2F. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
Contribution shall mean the code, documentation, or any other original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to L2F for inclusion in, or documentation of, any of the products owned or managed by L2F (the Work). For the purposes of this definition, submitted means any form of electronic, verbal, or written communication sent to L2F or its 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, L2F 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".
Your Essential Patent Claims shall mean all patent claims owned or controlled by You, whether already acquired or hereafter acquired, that would be infringed by some manner of making, using, or selling Your Contribution, but do not include claims that would be infringed only as a consequence of further modification of Your Contribution. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this Agreement.
Subject to the terms and conditions of this Agreement, You hereby grant to L2F and to recipients of software distributed by L2F (at L2F’s discretion) a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, modify, prepare derivative works of, publicly display, publicly perform, propagate, sublicense, and distribute Your Contributions and such derivative works. To the extent that any of such rights cannot be licensed by You to L2F, You irrevocably waive and agree never to assert such rights against L2F, any of L2F’s successors in interest, or any of L2F’s licensees, either direct or indirect.
Subject to the terms and conditions of this Agreement, You hereby grant to L2F, and (at L2F’s discretion) to recipients of software distributed by L2F, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license under Your Essential Patent Claims to make, have made, use, offer to sell, sell, import, and otherwise run, modify, transfer or propagate the content of Your Contribution and the Work to which You have contributed. 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 on the basis of this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.
- You represent that:
- You are legally entitled to enter into this Agreement and grant the above rights. If You sign this Agreement as an individual and Your employer(s) has rights to intellectual property that You create that includes Your Contributions, You represent that You have received permission to make Contributions on behalf of that employer, that Your employer has waived such rights for Your Contributions to L2F, or that Your employer has executed a separate version of this Agreement with L2F. Respectively, if You sign this Agreement as an entity, You represent that each of Your employees is authorized to submit Contributions on Your behalf; and
- each of Your Contributions is Your original creation (see Section 9 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which You are personally aware and which are associated with any part of Your Contributions.
You agree to notify L2F of any facts or circumstances of which You become aware that would make these representations inaccurate in any respect.
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. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON- INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
Should You wish to submit work that is not Your original creation, You may submit it to L2F 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: [named here]".
- No Duty to Use. You acknowledge that L2F is not obligated to use Your Contribution as part of a Work and may decide to include any Contribution it considers appropriate.
- Outbound License. If L2F includes Your Contribution in a Work, it may license Your Contribution under any license, including copyleft, permissive, commercial, or proprietary licenses.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the parties hereto shall replace it by a substitute provision that achieves to the fullest extent possible the same legal and economic purposes as those of the invalid or unenforceable provision. In any event, the remainder of this Agreement shall remain in full force and effect between the parties,
- Entire Agreement/Assignment. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements between the parties with respect to its subject matter. This Agreement may be assigned by L2F.
- Governing Law/Jurisdiction. This Agreement shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions. Any dispute or difference arising out of or in relation to this Agreement shall be subject to the exclusive jurisdiction of the competent courts at the registered office of L2F, subject to the right of appeal to the Swiss Federal Tribunal.