github.com/swiftstack/ProxyFS@v0.0.0-20210203235616-4017c267d62f/CLA (about)

     1  Contribution License Agreement
     2  
     3  This Contribution License Agreement (“Agreement”) is agreed to by the party
     4  signing below (“You”), and conveys certain license rights to NVIDIA Corporation
     5  and its affiliates (“NVIDIA”) for Your contributions to NVIDIA open source
     6  projects. This Agreement is effective as of the latest signature date below.
     7  
     8  1. Definitions.
     9  
    10  “Code” means the computer software code, whether in human-readable or
    11  machine-executable form, that is delivered by You to NVIDIA under this
    12  Agreement.
    13  
    14  “Project” means any of the projects owned or managed by NVIDIA in which
    15  software is offered under a license approved by the Open Source Initiative
    16  (OSI) (www.opensource.org) and documentation offered under an OSI or a
    17  Creative Commons license (https://creativecommons.org/licenses).
    18  
    19  “Submit” is the act of uploading, submitting, transmitting, or distributing
    20  code or other content to any Project, including but not limited to
    21  communication on electronic mailing lists, source code control systems,
    22  and issue tracking systems that are managed by, or on behalf of, the
    23  Project for the purpose of discussing and improving that Project, but
    24  excluding communication that is conspicuously marked or otherwise
    25  designated in writing by You as “Not a Submission.”
    26  
    27  “Submission” means the Code and any other copyrightable material Submitted
    28  by You, including any associated comments and documentation.
    29  
    30  2. Your Submission. You must agree to the terms of this Agreement before
    31  making a Submission to any Project. This Agreement covers any and all
    32  Submissions that You, now or in the future (except as described in Section
    33  4 below), Submit to any Project.
    34  
    35  3. Originality of Work. You represent that each of Your Submissions is
    36  entirely Your original work.  Should You wish to Submit materials that are
    37  not Your original work, You may Submit them separately to the Project if
    38  You (a) retain all copyright and license information that was in the
    39  materials as You received them, (b) in the description accompanying Your
    40  Submission, include the phrase “Submission containing materials of a
    41  third party:” followed by the names of the third party and any licenses
    42  or other restrictions of which You are aware, and (c) follow any other
    43  instructions in the Project’s written guidelines concerning Submissions.
    44  
    45  4. Your Employer. References to “employer” in this Agreement include Your
    46  employer or anyone else for whom You are acting in making Your Submission,
    47  e.g. as a contractor, vendor, or agent. If Your Submission is made in the
    48  course of Your work for an employer or Your employer has intellectual
    49  property rights in Your Submission by contract or applicable law, You must
    50  secure permission from Your employer to make the Submission before signing
    51  this Agreement. In that case, the term “You” in this Agreement will refer
    52  to You and the employer collectively. If You change employers in the
    53  future and desire to Submit additional Submissions for the new employer,
    54  then You agree to sign a new Agreement and secure permission from the
    55  new employer before Submitting those Submissions.
    56  
    57  
    58  5. Licenses.
    59  
    60  a. Copyright License. You grant NVIDIA, and those who receive the Submission
    61  directly or indirectly from NVIDIA, a perpetual, worldwide, non-exclusive,
    62  royalty-free, irrevocable license in the Submission to reproduce, prepare
    63  derivative works of, publicly display, publicly perform, and distribute the
    64  Submission and such derivative works, and to sublicense any or all of the
    65  foregoing rights to third parties.
    66  
    67  b. Patent License. You grant NVIDIA, and those who receive the Submission
    68  directly or indirectly from NVIDIA, a perpetual, worldwide, non-exclusive,
    69  royalty-free, irrevocable license under Your patent claims that are
    70  necessarily infringed by the Submission or the combination of the Submission
    71  with the Project to which it was Submitted to make, have made, use, offer to
    72  sell, sell and import or otherwise dispose of the Submission alone or with
    73  the Project.
    74  
    75  c. Other Rights Reserved. Each party reserves all rights not expressly
    76  granted in this Agreement.  No additional licenses or rights whatsoever
    77  (including, without limitation, any implied licenses) are granted by
    78  implication, exhaustion, estoppel or otherwise.
    79  
    80  6. Representations and Warranties. You represent that You are legally
    81  entitled to grant the above licenses. You represent that each of Your
    82  Submissions is entirely Your original work (except as You may have
    83  disclosed under Section 3). You represent that You have secured permission
    84  from Your employer to make the Submission in cases where Your Submission
    85  is made in the course of Your work for Your employer or Your employer has
    86  intellectual property rights in Your Submission by contract or applicable
    87  law. If You are signing this Agreement on behalf of Your employer, You
    88  represent and warrant that You have the necessary authority to bind the
    89  listed employer to the obligations contained in this Agreement.  You are
    90  not expected to provide support for Your Submission, unless You choose to
    91  do so. UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, AND
    92  EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN SECTIONS 3, 4, AND 6, THE
    93  SUBMISSION PROVIDED UNDER THIS AGREEMENT IS PROVIDED WITHOUT WARRANTY OF
    94  ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NONINFRINGEMENT,
    95  MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    96  
    97  7. Notice to NVIDIA. You agree to notify NVIDIA in writing of any facts
    98  or circumstances of which You later become aware that would make Your
    99  representations in this Agreement inaccurate in any respect.
   100  
   101  8. Information about Submissions. You agree that contributions to Projects
   102  and information about contributions may be maintained indefinitely and
   103  disclosed publicly, including Your name and other information that You
   104  submit with Your Submission.
   105  
   106  9. Governing Law/Jurisdiction. Claims arising under this Agreement shall
   107  be governed by the laws of Delaware, excluding its principles of conflict
   108  of laws and the United Nations Convention on Contracts for the Sale of
   109  Goods. The state and/or federal courts residing in Santa Clara County,
   110  California shall have exclusive jurisdiction over any dispute or claim
   111  arising out of this Agreement. You may not export the Software in
   112  violation of applicable export laws and regulations.
   113  
   114  10. Entire Agreement/Assignment. This Agreement is the entire agreement
   115  between the parties, and supersedes any and all prior agreements,
   116  understandings or communications, written or oral, between the parties
   117  relating to the subject matter hereof. This Agreement may be assigned by
   118  NVIDIA.
   119  
   120  
   121  
   122  
   123  Please select one of the options below and sign as indicated. By signing,
   124  You accept and agree to the terms of this Contribution License Agreement
   125  for Your present and future Submissions to NVIDIA.
   126  
   127  ___ I have sole ownership of intellectual property rights to my Submissions
   128  and I am not making Submissions in the course of work for my employer.
   129  
   130  Name (“You”): _________________________________________
   131  Signature: _________________________________________
   132  Date: _________________________________________
   133  GitHub Login: _________________________________________
   134  Email: _________________________________________
   135  Address: _________________________________________
   136  
   137  ___ I am making Submissions in the course of work for my employer (or my
   138  employer has intellectual property rights in my Submissions by contract or
   139  applicable law). I have permission from my employer to make Submissions and
   140  enter into this Agreement on behalf of my employer. By signing below, the
   141  defined term “You” includes me and my employer.
   142  
   143  Company Name: _________________________________________
   144  Signature: _________________________________________
   145  By: _________________________________________
   146  Title: _________________________________________
   147  Date: _________________________________________
   148  GitHub Login: _________________________________________
   149  Email: _________________________________________
   150  Address: _________________________________________
   151