Thank you for your interest in contributing to a work, of Stackable GmbH (“Stackable”). To clarify the intellectual property license granted with Contributions from any person or entity (“Contributor”), Stackable must have a Contributor License Agreement ("CLA") on file that has been signed by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of Stackable; it does not change your rights to use your own Contributions for any other purpose.
By electronically signing, you are consenting to transact electronically and are entering into a binding contract, and you accept and agree to the following terms and conditions for your Contributions submitted to Stackable.
BEFORE SIGNING AND/OR CLICKING A BUTTON TO ACCEPT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
"You" (or "Your" or "your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Stackable. 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" shall mean any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to Stackable for inclusion in, or documentation of, any of the products owned or managed by Stackable (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Stackable 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, Stackable for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
References to “employer” in this Agreement include Your employer or anyone else for whom You are acting in making Your Contribution, e.g., as a contractor, vendor, or agent. If Your Contribution is made in the course of Your work for an employer or Your employer has intellectual property rights in Your Contribution by contract or applicable law, You must secure permission from Your employer to make the Contribution before signing this Agreement. In that case, the term “You” in this Agreement will refer to You and the employer collectively. If You change employers in the future and desire to Submit additional Contributions for the new employer, then You agree to secure permission from the new employer before Submitting those Contributions.
Subject to the terms and conditions of this Agreement, You hereby grant to Stackable and to recipients of software distributed by Stackable 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, and to sublicense these same rights to third parties through multiple levels of sublicensees or other licensing arrangements.
Subject to the terms and conditions of this Agreement, You hereby grant to Stackable and to recipients of software distributed by Stackable a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this Section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer any product, work, or materials arising out of the Work, and to sublicense these same rights to third parties through multiple levels of sublicensees or other licensing arrangements, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to which such Contribution(s) was submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that Your Contribution, or the work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.
Except as set forth herein, You keep all right, title, and interest in Your Contribution.
The rights You grant to Stackable under these terms are effective on the date You first submitted a Contribution to Stackable, even if Your Contribution took place before the date you sign these terms.
- You represent that you are legally entitled to grant the above license.
- You represent that each of Your Contributions is Your original creation.
- You represent that Your Contribution include complete details of any third party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.
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 Contributions 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.
Stackable shall determine in its sole discretion the code that is included in the Work. You understand that the decision to include the Contribution in any work or source repository is entirely that of Stackable, and this Agreement does not guarantee that Your Contributions will be included in the Work.
You agree that contributions to Works and information about contributions may be maintained indefinitely and disclosed publicly, including Your name and other information that You submit with Your Contribution.
You agree to notify Stackable in writing of any facts or circumstances of which you become aware that would make Your representations in this Agreement inaccurate in any respect.
This Agreement is the entire agreement between the parties, and supersedes any and all prior agreements, understandings or communications, written or oral, between the parties relating to the subject matter hereof. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the Agreement and the remainder of this Agreement shall be interpreted so as to best reflect the original intent of the parties. This Agreement may be assigned by Stackable.
This agreement is subject to German Federal Law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. Insofar as the Contributor is a merchant (German: Kaufmann) in the sense of the German Commercial Code (HGB), jurisdiction is Wedel, Germany.