Altinity Content Licensing Agreement

Altinity Content Licensing Agreement (CLA)

Effective as of August 26, 2021.

Adapted from Apache Foundation and VMware CLAs. We are grateful for their examples.

You accept and agree to the following terms and conditions for your present and future Contributions submitted to the Project. This Agreement allows the Contributor to contribute to the Project as defined below.

  1. Definitions. “You”/”yours” means the copyright owner or legal entity that is making this Agreement with Altinity Inc. 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” means any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by you to Altinity Inc for inclusion in, or documentation of, any project owned or managed by Altinity Inc (the “Project”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to Altinity Inc 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, Altinity Inc for the purpose of discussing and improving the Project, but excluding communication that is conspicuously marked or otherwise designated in writing by you as “Not a Contribution.”
  2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, you hereby grant to Altinity Inc and to recipients of software distributed by Altinity Inc a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute your Contributions and such derivative works.
  3. You represent that you are legally entitled to grant the above license. If you are a legal entity, you represent that the person entering into this Agreement on behalf of the legal entity has the authority to bind the legal entity to the terms and conditions of this Agreement. If your employee(s) has rights to intellectual property that is included in your Contributions, you represent that you have received permission to make Contributions on behalf of such employee(s), that such employee(s) has waived such rights for such Contributions to Altinity Inc, or that such employee(s) has executed a separate Contributor Agreement with Altinity Inc.
  4. You represent that each of your Contributions is your or your employees’ original creation (see Section 7 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 aware and which is associated with any part of your Contributions.
  5. 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 Contribution(s) 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.
  6. Should you wish to submit work that is not your original creation, you may submit it to Altinity Inc 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 aware, and conspicuously marking the work as “Submitted on behalf of a third-party: [named here].”
  7. You agree to notify Altinity Inc at of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.
  8. This Agreement is governed by the laws of the State of California, without regard to its choice of law provisions, and by the laws of the United States. This Agreement sets forth the entire understanding and agreement between the parties, and supersedes any previous communications, representations or agreements, whether oral or written, regarding the subject matter herein.