|
| 1 | +Fiduciary License Agreement 2.0 |
| 2 | +------------------------------- |
| 3 | + |
| 4 | +based on the |
| 5 | + |
| 6 | +Individual Contributor exclusive License Agreement |
| 7 | +-------------------------------------------------- |
| 8 | + |
| 9 | +(including the Traditional Patent License OPTION) |
| 10 | +------------------------------------------------- |
| 11 | + |
| 12 | +Thank you for your interest in contributing to ChainSquad GmbH's |
| 13 | +python-bitshares ("We" or "Us"). |
| 14 | + |
| 15 | +The purpose of this contributor agreement ("Agreement") is to clarify |
| 16 | +and document the rights granted by contributors to Us. To make this |
| 17 | +document effective, please follow the instructions provided when sending a pull |
| 18 | +request at https://github.com/bitshares/python-bitshares. |
| 19 | + |
| 20 | +### 0. Preamble |
| 21 | + |
| 22 | +Software is deeply embedded in all aspects of our lives and it is |
| 23 | +important that it empower, rather than restrict us. Free Software gives |
| 24 | +everybody the rights to use, understand, adapt and share software. These |
| 25 | +rights help support other fundamental freedoms like freedom of speech, |
| 26 | +press and privacy. |
| 27 | + |
| 28 | +Development of Free Software can follow many patterns. In some cases |
| 29 | +whole development is handled by a sole programmer or a small group of |
| 30 | +people. But usually, the creation and maintenance of software is a |
| 31 | +complex process that requires the contribution of many individuals. This |
| 32 | +also affects who owns the rights to the software. In the latter case, |
| 33 | +rights in software are owned jointly by a great number of individuals. |
| 34 | + |
| 35 | +To tackle this issue some projects require a full copyright assignment |
| 36 | +to be signed by all contributors. The problem with such assignments is |
| 37 | +that they often lack checks and balances that would protect the |
| 38 | +contributors from potential abuse of power from the new copyright |
| 39 | +holder. |
| 40 | + |
| 41 | +FSFE's Fiduciary License Agreement (FLA) was created by the Free |
| 42 | +Software Foundation Europe e.V. with just that in mind -- to concentrate |
| 43 | +all deciding power within one entity and prevent fragmentation of rights |
| 44 | +on one hand, while on the other preventing that single entity from |
| 45 | +abusing its power. The main aim is to ensure that the software covered |
| 46 | +under the FLA will forever remain Free Software. |
| 47 | + |
| 48 | +This process only serves for the transfer of economic rights. So-called |
| 49 | +moral rights (e.g. authors right to be identified as author) remain with |
| 50 | +the original author(s) and are inalienable. |
| 51 | + |
| 52 | +### How to use this FLA |
| 53 | + |
| 54 | +If You are an employee and have created the Contribution as part of your |
| 55 | +employment, You need to have Your employer approve this Agreement or |
| 56 | +sign the Entity version of this document. If You do not own the |
| 57 | +Copyright in the entire work of authorship, any other author of the |
| 58 | +Contribution should also sign this -- in any event, please contact Us at |
| 59 | +info@chainsquad.com. |
| 60 | + |
| 61 | +### 1. Definitions |
| 62 | + |
| 63 | +**"You"** means the individual Copyright owner who Submits a |
| 64 | +Contribution to Us. |
| 65 | + |
| 66 | +**"Legal Entity"** means an entity that is not a natural person. |
| 67 | + |
| 68 | +**"Affiliate"** means any other Legal Entity that controls, is |
| 69 | +controlled by, or under common control with that Legal Entity. For the |
| 70 | +purposes of this definition, "control" means (i) the power, direct or |
| 71 | +indirect, to cause the direction or management of such Legal Entity, |
| 72 | +whether by contract or otherwise, (ii) ownership of fifty percent (50%) |
| 73 | +or more of the outstanding shares or securities that vote to elect the |
| 74 | +management or other persons who direct such Legal Entity or (iii) |
| 75 | +beneficial ownership of such entity. |
| 76 | + |
| 77 | +**"Contribution"** means any original work of authorship, including |
| 78 | +any original modifications or additions to an existing work of |
| 79 | +authorship, Submitted by You to Us, in which You own the Copyright. |
| 80 | + |
| 81 | +**"Copyright"** means all rights protecting works of authorship, |
| 82 | +including copyright, moral and neighboring rights, as appropriate, for |
| 83 | +the full term of their existence. |
| 84 | + |
| 85 | +**"Material"** means the software or documentation made available by |
| 86 | +Us to third parties. When this Agreement covers more than one software |
| 87 | +project, the Material means the software or documentation to which the |
| 88 | +Contribution was Submitted. After You Submit the Contribution, it may be |
| 89 | +included in the Material. |
| 90 | + |
| 91 | +**"Submit"** means any act by which a Contribution is transferred to |
| 92 | +Us by You by means of tangible or intangible media, including but not |
| 93 | +limited to electronic mailing lists, source code control systems, and |
| 94 | +issue tracking systems that are managed by, or on behalf of, Us, but |
| 95 | +excluding any transfer that is conspicuously marked or otherwise |
| 96 | +designated in writing by You as "Not a Contribution." |
| 97 | + |
| 98 | +**"Documentation"** means any non-software portion of a Contribution. |
| 99 | + |
| 100 | +### 2. License grant |
| 101 | + |
| 102 | +#### 2.1 Copyright license to Us |
| 103 | + |
| 104 | +Subject to the terms and conditions of this Agreement, You hereby grant |
| 105 | +to Us a worldwide, royalty-free, exclusive, perpetual and irrevocable |
| 106 | +(except as stated in Section 8.2) license, with the right to transfer an |
| 107 | +unlimited number of non-exclusive licenses or to grant sublicenses to |
| 108 | +third parties, under the Copyright covering the Contribution to use the |
| 109 | +Contribution by all means, including, but not limited to: |
| 110 | + |
| 111 | +- publish the Contribution, |
| 112 | +- modify the Contribution, |
| 113 | +- prepare derivative works based upon or containing the Contribution |
| 114 | + and/or to combine the Contribution with other Materials, |
| 115 | +- reproduce the Contribution in original or modified form, |
| 116 | +- distribute, to make the Contribution available to the public, |
| 117 | + display and publicly perform the Contribution in original or |
| 118 | + modified form. |
| 119 | + |
| 120 | +#### 2.2 Moral rights |
| 121 | + |
| 122 | +Moral Rights remain unaffected to the extent they are recognized and not |
| 123 | +waivable by applicable law. Notwithstanding, You may add your name to |
| 124 | +the attribution mechanism customary used in the Materials you Contribute |
| 125 | +to, such as the header of the source code files of Your Contribution, |
| 126 | +and We will respect this attribution when using Your Contribution. |
| 127 | + |
| 128 | +#### 2.3 Copyright license back to You |
| 129 | + |
| 130 | +Upon such grant of rights to Us, We immediately grant to You a |
| 131 | +worldwide, royalty-free, non-exclusive, perpetual and irrevocable |
| 132 | +license, with the right to transfer an unlimited number of non-exclusive |
| 133 | +licenses or to grant sublicenses to third parties, under the Copyright |
| 134 | +covering the Contribution to use the Contribution by all means, |
| 135 | +including, but not limited to: |
| 136 | + |
| 137 | +- publish the Contribution, |
| 138 | +- modify the Contribution, |
| 139 | +- prepare derivative works based upon or containing the Contribution |
| 140 | + and/or to combine the Contribution with other Materials, |
| 141 | +- reproduce the Contribution in original or modified form, |
| 142 | +- distribute, to make the Contribution available to the public, |
| 143 | + display and publicly perform the Contribution in original or |
| 144 | + modified form. |
| 145 | + |
| 146 | +This license back is limited to the Contribution and does not provide |
| 147 | +any rights to the Material. |
| 148 | + |
| 149 | +### 3. Patents |
| 150 | + |
| 151 | +#### 3.1 Patent license |
| 152 | + |
| 153 | +Subject to the terms and conditions of this Agreement You hereby grant |
| 154 | +to Us and to recipients of Materials distributed by Us a worldwide, |
| 155 | +royalty-free, non-exclusive, perpetual and irrevocable (except as stated |
| 156 | +in Section 3.2) patent license, with the right to transfer an unlimited |
| 157 | +number of non-exclusive licenses or to grant sublicenses to third |
| 158 | +parties, to make, have made, use, sell, offer for sale, import and |
| 159 | +otherwise transfer the Contribution and the Contribution in combination |
| 160 | +with any Material (and portions of such combination). This license |
| 161 | +applies to all patents owned or controlled by You, whether already |
| 162 | +acquired or hereafter acquired, that would be infringed by making, |
| 163 | +having made, using, selling, offering for sale, importing or otherwise |
| 164 | +transferring of Your Contribution(s) alone or by combination of Your |
| 165 | +Contribution(s) with any Material. |
| 166 | + |
| 167 | +#### 3.2 Revocation of patent license |
| 168 | + |
| 169 | +You reserve the right to revoke the patent license stated in section 3.1 |
| 170 | +if We make any infringement claim that is targeted at your Contribution |
| 171 | +and not asserted for a Defensive Purpose. An assertion of claims of the |
| 172 | +Patents shall be considered for a "Defensive Purpose" if the claims |
| 173 | +are asserted against an entity that has filed, maintained, threatened, |
| 174 | +or voluntarily participated in a patent infringement lawsuit against Us |
| 175 | +or any of Our licensees. |
| 176 | + |
| 177 | +### 4. License obligations by Us |
| 178 | + |
| 179 | +We agree to (sub)license the Contribution or any Materials containing, |
| 180 | +based on or derived from your Contribution under the terms of any |
| 181 | +licenses the Free Software Foundation classifies as Free Software |
| 182 | +License and which are approved by the Open Source Initiative as Open |
| 183 | +Source licenses. |
| 184 | + |
| 185 | +We agree to license patents owned or controlled by You only to the |
| 186 | +extent necessary to (sub)license Your Contribution(s) and the |
| 187 | +combination of Your Contribution(s) with the Material under the terms of |
| 188 | +any licenses the Free Software Foundation classifies as Free Software |
| 189 | +licenses and which are approved by the Open Source Initiative as Open |
| 190 | +Source licenses. |
| 191 | + |
| 192 | +### 5. Disclaimer |
| 193 | + |
| 194 | +THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS |
| 195 | +OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED |
| 196 | +WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND |
| 197 | +NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US AND BY US TO YOU. |
| 198 | +TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH |
| 199 | +WARRANTY IS LIMITED IN DURATION AND EXTENT TO THE MINIMUM PERIOD AND |
| 200 | +EXTENT PERMITTED BY LAW. |
| 201 | + |
| 202 | +### 6. Consequential damage waiver |
| 203 | + |
| 204 | +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU |
| 205 | +OR WE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, |
| 206 | +LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY |
| 207 | +DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR |
| 208 | +EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS |
| 209 | +BASED. |
| 210 | + |
| 211 | +### 7. Approximation of disclaimer and damage waiver |
| 212 | + |
| 213 | +IF THE DISCLAIMER AND DAMAGE WAIVER MENTIONED IN SECTION 5. AND SECTION 6. |
| 214 | +CANNOT BE GIVEN LEGAL EFFECT UNDER APPLICABLE LOCAL LAW, REVIEWING |
| 215 | +COURTS SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROXIMATES AN ABSOLUTE |
| 216 | +WAIVER OF ALL CIVIL OR CONTRACTUAL LIABILITY IN CONNECTION WITH THE |
| 217 | +CONTRIBUTION. |
| 218 | + |
| 219 | +### 8. Term |
| 220 | + |
| 221 | +8.1 This Agreement shall come into effect upon Your |
| 222 | +acceptance of the terms and conditions. |
| 223 | + |
| 224 | +8.2 This Agreement shall apply for the term of the |
| 225 | +copyright and patents licensed here. However, You shall have the right |
| 226 | +to terminate the Agreement if We do not fulfill the obligations as set |
| 227 | +forth in Section 4. Such termination must be made in writing. |
| 228 | + |
| 229 | +8.3 In the event of a termination of this Agreement |
| 230 | +Sections 5., 6., 7., 8., and 9. shall survive |
| 231 | +such termination and shall remain in full force thereafter. For the |
| 232 | +avoidance of doubt, Free and Open Source Software (sub)licenses that |
| 233 | +have already been granted for Contributions at the date of the |
| 234 | +termination shall remain in full force after the termination of this |
| 235 | +Agreement. |
| 236 | + |
| 237 | +### 9. Miscellaneous |
| 238 | + |
| 239 | +9.1 This Agreement and all disputes, claims, |
| 240 | +actions, suits or other proceedings arising out of this agreement or |
| 241 | +relating in any way to it shall be governed by the laws of |
| 242 | +Germany excluding its private international |
| 243 | +law provisions. |
| 244 | + |
| 245 | +9.2 This Agreement sets out the entire agreement |
| 246 | +between You and Us for Your Contributions to Us and overrides all other |
| 247 | +agreements or understandings. |
| 248 | + |
| 249 | +9.3 In case of Your death, this agreement shall |
| 250 | +continue with Your heirs. In case of more than one heir, all heirs must |
| 251 | +exercise their rights through a commonly authorized person. |
| 252 | + |
| 253 | +9.4 If any provision of this Agreement is found |
| 254 | +void and unenforceable, such provision will be replaced to the extent |
| 255 | +possible with a provision that comes closest to the meaning of the |
| 256 | +original provision and that is enforceable. The terms and conditions set |
| 257 | +forth in this Agreement shall apply notwithstanding any failure of |
| 258 | +essential purpose of this Agreement or any limited remedy to the maximum |
| 259 | +extent possible under law. |
| 260 | + |
| 261 | +9.5 You agree to notify Us of any facts or |
| 262 | +circumstances of which you become aware that would make this Agreement |
| 263 | +inaccurate in any respect. |
| 264 | + |
| 265 | +### You |
| 266 | + |
| 267 | + ---------- -- |
| 268 | + Date: |
| 269 | + Name: |
| 270 | + Title: |
| 271 | + Address: |
| 272 | + ---------- -- |
| 273 | + |
| 274 | +### Us |
| 275 | + |
| 276 | + ---------- -- |
| 277 | + Date: Mi 27. Jun 09:32:47 CEST 2018 |
| 278 | + Name: Fabian Schuh |
| 279 | + Title: CEO / ChainSquad GmbH |
| 280 | + Address: Am Weichselgarten 7, 91054 Erlangen, Germany |
| 281 | + ---------- -- |
| 282 | + |
| 283 | +#### Recreate this Contributor License Agreement |
| 284 | + |
| 285 | +[contributoragreements.org](http://contributoragreements.org/u2s/wx8wraqtr) |
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