From a8043e9560f59e94a2aa9ad7f633213741f30289 Mon Sep 17 00:00:00 2001 From: Roberto Rosario Date: Sun, 8 Apr 2018 03:57:46 -0400 Subject: [PATCH] Add individual and entity contributor assignment agreements. GitLab issue #459. Signed-off-by: Roberto Rosario --- docs/index.rst | 2 + docs/topics/caa_entity.rst | 217 +++++++++++++++++++++++++++++++++ docs/topics/caa_individual.rst | 211 ++++++++++++++++++++++++++++++++ 3 files changed, 430 insertions(+) create mode 100644 docs/topics/caa_entity.rst create mode 100644 docs/topics/caa_individual.rst diff --git a/docs/index.rst b/docs/index.rst index 06529009a3..0197410e57 100644 --- a/docs/index.rst +++ b/docs/index.rst @@ -32,6 +32,8 @@ repository for electronic documents. Contact MERCs Pending work + Individual Contributor Assignment Agreement + Entity Contributor Assignment Agreement .. _Docker: https://www.docker.com/ .. _Django: http://www.djangoproject.com/ diff --git a/docs/topics/caa_entity.rst b/docs/topics/caa_entity.rst new file mode 100644 index 0000000000..be253eb938 --- /dev/null +++ b/docs/topics/caa_entity.rst @@ -0,0 +1,217 @@ +================================================== +Mayan EDMS Entity Contributor Assignment Agreement +================================================== + +Thank you for your interest in contributing to Mayan EDMS ("We" or "Us"). + +This contributor agreement ("Agreement") documents the rights granted by +contributors to Us. To make this document effective, please print it, sign it +(by copyright holder or authorized party) and send it to Us by email to +caa@mayan-edms.com. This is a legally binding document, so please read it +carefully before agreeing to it. The Agreement may cover more than one +software project managed by Us. + +1. Definitions +-------------- +"You" means any Legal Entity on behalf of whom a Contribution has been received +by Us. "Legal Entity" means an entity which is not a natural person. +"Affiliates" means other Legal Entities that control, are controlled by, or +under common control with that Legal Entity. For the purposes of this +definition, "control" means (i) the power, direct or indirect, to cause the +direction or management of such Legal Entity, whether by contract or otherwise, +(ii) ownership of fifty percent (50%) or more of the outstanding shares or +securities which vote to elect the management or other persons who direct such +Legal Entity or (iii) beneficial ownership of such entity. + +"Contribution" means any work of authorship that is Submitted by You to Us in +which You own or assert ownership of the Copyright. We cannot accept +contributions for which you do not own the Copyright or for which you don't +have the necesary legal power to transfer. + +"Copyright" means all rights protecting works of authorship owned or controlled +by You or Your Affiliates, including copyright, moral and neighboring rights, +as appropriate, for the full term of their existence including any extensions +by You. + +"Material" means the work of authorship which is made available by Us to third +parties. When this Agreement covers more than one software project, the +Material means the work of authorship to which the Contribution was Submitted. +After You Submit the Contribution, it may be included in the Material. + +"Submit" means any form of electronic, verbal, or written communication sent +to Us or our representatives, including but not limited to 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 +Material, but excluding communication that is conspicuously marked or otherwise +designated in writing by You as "Not a Contribution." + +"Submission Date" means the date on which You Submit a Contribution to Us. + +"Effective Date" means the date You execute this Agreement or the date You +first Submit a Contribution to Us, whichever is earlier. + +2. Grant of Rights +------------------ +2.1 Copyright Assignment +~~~~~~~~~~~~~~~~~~~~~~~~ + +a. At the time the Contribution is Submitted, You assign to Us all right, title, + and interest worldwide in all Copyright covering the Contribution; provided + that this transfer is conditioned upon compliance with Section 2.3. + +b. To the extent that any of the rights in Section 2.1(a) cannot be assigned by + You to Us, You grant to Us a perpetual, worldwide, exclusive, royalty-free, + transferable, irrevocable license under such non-assigned rights, with rights + to sublicense through multiple tiers of sublicensees, to practice such + non-assigned rights, including, but not limited to, the right to reproduce, + modify, display, perform and distribute the Contribution; provided that this + license is conditioned upon compliance with Section 2.3. + +c. To the extent that any of the rights in Section 2.1(a) can neither be + assigned nor licensed by You to Us, You irrevocably waive and agree never to + assert such rights against Us, any of our successors in interest, or any of + our licensees, either direct or indirect; provided that this agreement not + to assert is conditioned upon compliance with Section 2.3. + +d. Upon such transfer of rights to Us, the Contribution will be licenses under + the terms of the Material. + +2.2 Patent License +~~~~~~~~~~~~~~~~~~ +For patent claims including, without limitation, method, process, and apparatus +claims which You or Your Affiliates own, control or have the right to grant, +now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, +transferable, royalty-free, irrevocable patent license, with the right to +sublicense these rights to multiple tiers of sublicensees, to make, have made, +use, sell, offer for sale, import and otherwise transfer the Contribution and +the Contribution in combination with the Material (and portions of such +combination). This license is granted only to the extent that the exercise of +the licensed rights infringes such patent claims; and provided that this license +is conditioned upon compliance with Section 2.3. + +2.3 Outbound License +~~~~~~~~~~~~~~~~~~~~ +As a condition on the grant of rights in Sections 2.1 and 2.2, We agree to +license the Contribution only under the terms of the license or licenses which +We are using on the Submission Date for the Material (including any rights to +adopt any future version of a license if permitted). + +2.4 Moral Rights +~~~~~~~~~~~~~~~~ +If moral rights apply to the Contribution, to the maximum extent permitted by +law, You waive and agree not to assert such moral rights against Us or our +successors in interest, or any of our licensees, either direct or indirect. + +2.5 Our Rights +~~~~~~~~~~~~~~ +You acknowledge that We are not obligated to use Your Contribution as part of +the Material and may decide to include any Contribution We consider appropriate. + +2.6 Reservation of Rights +~~~~~~~~~~~~~~~~~~~~~~~~~ +Any rights not expressly assigned or licensed under this section are expressly +reserved by You. + +3. Agreement +------------ +You confirm that: + +a. You have the legal authority to enter into this Agreement. + +b. You or Your Affiliates own the Copyright and patent claims covering the + Contribution which are required to grant the rights under Section 2. + +c. The grant of rights under Section 2 does not violate any grant of rights + which You or Your Affiliates have made to third parties. + + +4. Disclaimer +------------- +EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED +"AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, +WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A +PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US +AND BY US TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, +SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW. + +5. Consequential Damage Waiver +------------------------------ +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR US +BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, +INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT +OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT +OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. + +6. Miscellaneous +---------------- +6.1 Juristiction +~~~~~~~~~~~~~~~~ +This Agreement will be governed by and construed in accordance with the laws of +Puerto Rico excluding its conflicts of law provisions. Under certain circumstances, +the governing law in this section might be superseded by the United Nations +Convention on Contracts for the International Sale of Goods ("UN Convention") +and the parties intend to avoid the application of the UN Convention to this +Agreement and, thus, exclude the application of the UN Convention in its +entirety to this Agreement. + +6.2 Acceptance +~~~~~~~~~~~~~~ +This Agreement sets out the entire agreement between You and Us for Your +Contributions to Us and overrides all other agreements or understandings. + +6.3 Third parties +~~~~~~~~~~~~~~~~~ +If You or We assign the rights or obligations received through this Agreement +to a third party, as a condition of the assignment, that third party must +agree in writing to abide by all the rights and obligations in the Agreement. + +6.4 Unmet responsabilities +~~~~~~~~~~~~~~~~~~~~~~~~~~ +The failure of either party to require performance by the other party of any +provision of this Agreement in one situation shall not affect the right of a +party to require such performance at any time in the future. A waiver of +performance under a provision in one situation shall not be considered a +waiver of the performance of the provision in the future or a waiver of the +provision in its entirety. + +6.5 Continuation +~~~~~~~~~~~~~~~~ +If any provision of this Agreement is found void and unenforceable, such +provision will be replaced to the extent possible with a provision that comes +closest to the meaning of the original provision and which is enforceable. +The terms and conditions set forth in this Agreement shall apply +notwithstanding any failure of essential purpose of this Agreement or any +limited remedy to the maximum extent possible under law. + + +:: + + + Name: _________________________________________________ + + + Email: ________________________________________________ + + + Address: ______________________________________________ + + + Address (cont): _______________________________________ + + + Country: ______________________________________________ + + + Phone number: _________________________________________ + + + Fax number: ___________________________________________ + + + + _______________________________________________________ + Signature + + + +Mayan EDMS Entity CAA Version 1.0 April 8, 2018 diff --git a/docs/topics/caa_individual.rst b/docs/topics/caa_individual.rst new file mode 100644 index 0000000000..793a39781a --- /dev/null +++ b/docs/topics/caa_individual.rst @@ -0,0 +1,211 @@ +====================================================== +Mayan EDMS Individual Contributor Assignment Agreement +====================================================== + +Thank you for your interest in contributing to Mayan EDMS ("We" or "Us"). + +This contributor agreement ("Agreement") documents the rights granted by +contributors to Us. To make this document effective, please print it, sign it +(by copyright holder or authorized party) and send it to Us by email to +caa@mayan-edms.com. This is a legally binding document, so please read it +carefully before agreeing to it. The Agreement may cover more than one +software project managed by Us. + +1. Definitions +-------------- + +"You" means the individual who Submits a Contribution to Us. + +"Contribution" means any work of authorship that is Submitted by You to Us +in which You own or assert ownership of the Copyright. We cannot accept +contributions for which you do not own the Copyright or for which you don't +have the necesary legal power to transfer. + +"Copyright" means all rights protecting works of authorship owned or +controlled by You, including copyright, moral and neighboring rights, +as appropriate, for the full term of their existence including any extensions +by You. + +"Material" means the work of authorship which is made available by Us to third +parties. When this Agreement covers more than one software project, the Material +means the work of authorship to which the Contribution was Submitted. After +You Submit the Contribution, it may be included in the Material. + +"Submit" means any form of electronic, verbal, or written communication +sent to Us or our representatives, including but not limited to +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 Material, but excluding communication that is conspicuously marked +or otherwise designated in writing by You as "Not a Contribution." + +"Submission Date" means the date on which You Submit a Contribution to Us. + +"Effective Date" means the date You execute this Agreement or the date You first +Submit a Contribution to Us, whichever is earlier. + +2. Grant of Rights +------------------ + +2.1 Copyright Assignment +~~~~~~~~~~~~~~~~~~~~~~~~ +a. At the time the Contribution is Submitted, You assign to Us all right, + title, and interest worldwide in all Copyright covering the Contribution; + provided that this transfer is conditioned upon compliance with Section 2.3. + +b. To the extent that any of the rights in Section 2.1(a) cannot be assigned + by You to Us, You grant to Us a perpetual, worldwide, exclusive, royalty-free, + transferable, irrevocable license under such non-assigned rights, with rights + to sublicense through multiple tiers of sublicensees, to practice such + non-assigned rights, including, but not limited to, the right to reproduce, + modify, display, perform and distribute the Contribution; provided that + this license is conditioned upon compliance with Section 2.3. + +c. To the extent that any of the rights in Section 2.1(a) can neither be + assigned nor licensed by You to Us, You irrevocably waive and agree never to + assert such rights against Us, any of our successors in interest, or any of + our licensees, either direct or indirect; provided that this agreement not + to assert is conditioned upon compliance with Section 2.3. + +d. Upon such transfer of rights to Us, the Contribution will be licenses under + the terms of the Material. + +2.2 Patent License +~~~~~~~~~~~~~~~~~~ +For patent claims including, without limitation, method, process, and apparatus +claims which You own, control or have the right to grant, now or in the future, +You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, +irrevocable patent license, with the right to sublicense these rights to multiple +tiers of sublicensees, to make, have made, use, sell, offer for sale, import and +otherwise transfer the Contribution and the Contribution in combination with +the Material (and portions of such combination). This license is granted only +to the extent that the exercise of the licensed rights infringes such patent claims; +and provided that this license is conditioned upon compliance with Section 2.3. + +2.3 Outbound License +~~~~~~~~~~~~~~~~~~~~ +As a condition on the grant of rights in Sections 2.1 and 2.2, We agree to +license the Contribution only under the terms of the license or licenses which +We are using on the Submission Date for the Material (including any rights to +adopt any future version of a license if permitted). + +2.4 Moral Rights +~~~~~~~~~~~~~~~~ +If moral rights apply to the Contribution, to the maximum extent permitted by law, +You waive and agree not to assert such moral rights against Us or our successors +in interest, or any of our licensees, either direct or indirect. + +2.5 Our Rights +~~~~~~~~~~~~~~ +You acknowledge that We are not obligated to use Your Contribution as part of +the Material and may decide to include any Contribution We consider appropriate. + +2.6 Reservation of Rights +~~~~~~~~~~~~~~~~~~~~~~~~~ +Any rights not expressly assigned or licensed under this section are expressly +reserved by You. + +3. Agreement +------------ +You confirm that: + +a. You have the legal authority to enter into this Agreement. + +b. You own the Copyright and patent claims covering the Contribution which are + required to grant the rights under Section 2. + +c. The grant of rights under Section 2 does not violate any grant of rights + which You have made to third parties, including Your employer. If You are an + employee, You have had Your employer approve this Agreement or sign the Entity + version of this document. If You are less than eighteen years old, please have + Your parents or guardian sign the Agreement. + +4. Disclaimer +------------- +EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED +"AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT +LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR +PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US AND BY US +TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH +WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW. + +5. Consequential Damage Waiver +------------------------------ +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR US +BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, +INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT +OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT +OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. + +6. Miscellaneous +---------------- +6.1 Juristiction +~~~~~~~~~~~~~~~~ +This Agreement will be governed by and construed in accordance with the laws of +Puerto Rico excluding its conflicts of law provisions. Under certain circumstances, +the governing law in this section might be superseded by the United Nations +Convention on Contracts for the International Sale of Goods ("UN Convention") +and the parties intend to avoid the application of the UN Convention to this +Agreement and, thus, exclude the application of the UN Convention in its +entirety to this Agreement. + +6.2 Acceptance +~~~~~~~~~~~~~~ +This Agreement sets out the entire agreement between You and Us for Your +Contributions to Us and overrides all other agreements or understandings. + +6.3 Third parties +~~~~~~~~~~~~~~~~~ +If You or We assign the rights or obligations received through this Agreement +to a third party, as a condition of the assignment, that third party must +agree in writing to abide by all the rights and obligations in the Agreement. + +6.4 Unmet responsabilities +~~~~~~~~~~~~~~~~~~~~~~~~~~ +The failure of either party to require performance by the other party of any +provision of this Agreement in one situation shall not affect the right of a +party to require such performance at any time in the future. A waiver of +performance under a provision in one situation shall not be considered a +waiver of the performance of the provision in the future or a waiver of the +provision in its entirety. + +6.5 Continuation +~~~~~~~~~~~~~~~~ +If any provision of this Agreement is found void and unenforceable, +such provision will be replaced to the extent possible with a provision that +comes closest to the meaning of the original provision and which is enforceable. +The terms and conditions set forth in this Agreement shall apply notwithstanding +any failure of essential purpose of this Agreement or any limited remedy to +the maximum extent possible under law. + + +:: + + + Name: _________________________________________________ + + + Email: ________________________________________________ + + + Address: ______________________________________________ + + + Address (cont): _______________________________________ + + + Country: ______________________________________________ + + + Phone number: _________________________________________ + + + Fax number: ___________________________________________ + + + + _______________________________________________________ + Signature + + + +Mayan EDMS Individual CAA Version 1.0 April 8, 2018