|
In order to clarify the intellectual property rights granted by You for contributions of software, documentation or any
other material to either a product or project owned or managed by Sun Microsystems, Inc. (including but not limited to
contributions to the OpenSPML project) (collectively "Project"), Sun needs to receive a copy of this Contributor
Agreement ("Agreement") signed by You to indicate Your acceptance of the terms below.
Please supply the contact information requested and read this Agreement carefully before signing. Then either scan and e-mail or fax a copy of the signed Agreement back to Sun using the e-mail address or fax number provided by the Project. Retain the signed original Agreement for Your records. Please email webmaster@openspml.org for the fax number.
- Contribution means any source code, object code, patch, tool, sample, graphic, specification, manual, documentation,
e-mail, comment, posting, disclosure, communication or any other material posted or submitted by You to a Project.
- You hereby assign to Sun joint ownership in all worldwide common law and statutory rights associated with the
copyrights, copyright applications and copyright registrations in Your Contribution, and to the extent allowable under
applicable local laws and copyright conventions, You agree never to assert against Sun or its licensees or transferees any
moral rights therein. You understand that (i) this Agreement may be submitted by Sun to register a copyright in Your
Contribution, and (ii) Sun may exercise all rights as a copyright owner of Your Contribution, including enforcement
against infringers. Both parties to this Agreement shall be able to do all such things in relation to Your Contribution as if
each of us respectively were the sole owners of the copyright and all other relevant intellectual property rights therein.
Neither party has any duty whatsoever to consult with, obtain the consent of, pay or render an accounting to the other
party for any use or distribution of a Contribution or derivative work thereof.
- You hereby grant to Sun, and to any party who receives Your Contribution, a perpetual, irrevocable, non-exclusive,
worldwide, no-charge, royalty-free, license under any patents owned or licensable by You at any time without payment
to third parties, to make, have made, use, sell, offer to sell, import and otherwise transfer Your Contribution in whole or
in part, alone or in combination with or included in any product, work or materials arising out of the Project to which
Your Contribution was submitted, and to sublicense the foregoing rights to third parties through multiple tiers of
sublicensees or other licensing mechanisms at Sun's option.
- Except as set forth above, You retain all right, title and interest in and to Your Contribution and may use Your
Contribution for Your own purposes. For the avoidance of doubt, You retain the right to provide Your contribution to
third parties under a license as you see fit, including an open source license. The assignment and licenses granted above
are effective on the date You first submitted a Contribution to a Project, even if such submission preceded the date
below, and are effective for future Contributions. This Agreement shall be governed by the laws of the State of
California and applicable U.S. Federal law, without application of choice of law rules.
- You represent that Your Contribution is an original work and that You are legally entitled to grant the rights and
privileges conveyed by this Agreement. You warrant that Your Contribution, to the best of Your knowledge, does not
violate any other party's copyrights, trademarks, patents or other intellectual property rights. If this Agreement is being
submitted on behalf of a company it must be signed by a duly authorized representative.
|