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SuiteSparse Individual Contributor License Agreement
Thank you for your interest in contributing to SuiteSparse ("We" or "Us").
This contributor agreement ("Agreement") documents the rights granted by
contributors to Us. To make this document effective, please sign it and send it
to Us by electronic submission. 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.
"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 License
(a) You retain ownership of the Copyright in Your Contribution and have
the same rights to use or license the Contribution which You would have
had without entering into the Agreement.
(b) To the maximum extent permitted by the relevant law, You grant to
Us a perpetual, worldwide, non-exclusive, transferable, royalty-free,
irrevocable license under the Copyright covering the Contribution, with
the right to sublicense such rights through multiple tiers of
sublicensees, to reproduce, modify, display, perform and distribute the
Contribution as part of the Material; provided that this license is
conditioned upon compliance with Section 2.3.
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
Based on the grant of rights in Sections 2.1 and 2.2, if We include
Your Contribution in a Material, We may license the Contribution under
any license, including copyleft, permissive, commercial, or proprietary
licenses.
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 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. 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 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 This Agreement will be governed by and construed in accordance with the
laws of the State of Texas 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 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 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 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 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.
Us
Timothy A. Davis, and all SuiteSparse co-authors (varies according to
the SuiteSparse package)
You:
Your Name (printed):
Your Signature:
Date:
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