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  1. #1
    Join Date
    May 2002
    Location
    Liverpool, NY
    Posts
    2,003

    Default XaRT Licensing and Contributor Agreements

    Grace has chosen to use The MIT License (MIT) for this project. The MIT Licence covers contributions of code to the project. Media, or all work that is not code, such as but not limited to artwork, documentation, images and videos is covered by a separate media licence, the Creative Commons Attribution 3.0 Unported License.

    These licences ensure that if you contribute to the project you retain copyright on your work and can do anything you like with it, including selling it; -- but everyone else in the world can use, copy, modify, merge, publish, distribute, sublicense, and/or sell your contributed work as long as they include copies of the licences and credit the contributors.

    If you plan on being a contributor to the project it would be a good idea to read about the licences and familiarize yourself with what it means to contribute to an open source project. All contributors will be required to sign and submit an Open Source Contributor Agreement before their work can be included in the project. This is to ensure that the project has clearly licensed rights to use your contributions and that you retain copyright on your own work.

    I am not a lawyer so the agreements and licences I'll be posting come from standard and trusted sources as follows.

    I have used
    Project Harmony's Contributor Agreement Generator to generate our proposed Contributor Agreement. They have lots of good information about what the Contributor Agreements are meant to do and what the language means.

    The Open Source Initiative (OSI), hosts a template for The MIT License (MIT) that we will use, by adding a date and our list of contributors.
    The Open Source Initiative's (OSI) Getting Help page is great for learning about Open Source.

    If you will be contributing Media ( artwork, documentation, images, videos, etc.) your contributions will be distributed under the Creative Commons Attribution 3.0 Unported License. It is recommended that you read through that licence and the Before Licensing page on the Creative Commons Wiki.

    I will post copies of the licences and agreements in the following posts in this thread. Please use this thread to comment on or ask questions about the licences and agreement.

    Please do not submit a completed Contributor Agreements until you are asked for one.

    Barbara Bouton
    TalkGraphics Forum Administrator

    The Xara Xone website developer. | TheBoutons.com

  2. #2
    Join Date
    May 2002
    Location
    Liverpool, NY
    Posts
    2,003

    Default Re: XaRT Licensing and Contributor Agreements

    We will distribute the XaRT code under this MIT License. We will, of course be adding the proper date and list of contributors to this licence when we include it with the software. The licence template below is copied from
    The MIT License (MIT)


    The MIT License (MIT)
    Copyright (c) <year> <copyright holders>
    Permission is hereby granted, free of charge, to any person obtaining a copy
    of this software and associated documentation files (the "Software"), to deal
    in the Software without restriction, including without limitation the rights
    to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
    copies of the Software, and to permit persons to whom the Software is
    furnished to do so, subject to the following conditions:
    The above copyright notice and this permission notice shall be included in
    all copies or substantial portions of the Software.
    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
    IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
    AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
    LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
    OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
    THE SOFTWARE.




    Opensource.org site content is licensed under a Creative Commons Attribution 3.0 License.

    Barbara Bouton
    TalkGraphics Forum Administrator

    The Xara Xone website developer. | TheBoutons.com

  3. #3
    Join Date
    May 2002
    Location
    Liverpool, NY
    Posts
    2,003

    Default Re: XaRT Licensing and Contributor Agreements

    Media used in or associated with XaRT will be licensed under the Creative Commons Attribution 3.0 Unported License. Information about this licence below is copied from the CreativeCommons.org website. Full legal text is too long to include in a post so please view it on the CreativeCommons.org website, Legal Code (the full license).


    This is a human-readable summary of the Legal Code (the full license).



    You are free:

    • to Share — to copy, distribute and transmit the work
    • to Remix — to adapt the work
    • to make commercial use of the work
    Under the following conditions:

    • Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
    With the understanding that:

    • Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
    • Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
    • Other Rights — In no way are any of the following rights affected by the license:
      • Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
      • The author's moral rights;
      • Rights other persons may have either in the work itself or in how the work is used, such aspublicity or privacy rights.
    • Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
    Barbara Bouton
    TalkGraphics Forum Administrator

    The Xara Xone website developer. | TheBoutons.com

  4. #4
    Join Date
    May 2002
    Location
    Liverpool, NY
    Posts
    2,003

    Default Re: XaRT Licensing and Contributor Agreements

    This is the proposed agreement we will use. I am not 100% positive at this point who and what address should be used for the project's signature block. Also the URL used is the one for the forum and we may have a different one later or not so that is subject to change. Also the United States was chosen as the Legal home of the project because Grace is the project leader and lives in the US.
    -----------------------------------------------------------------------------------------------------------------------------------------------------------------
    Xara Registery Tool (XaRT) Project Individual Contributor License Agreement


    Thank you for your interest in contributing to Xara Registery Tool (XaRT) Project ("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 email or electronic submission, following the instructions at http://www.talkgraphics.com/forumdis...y-Tool-Project. 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. If You do not own the Copyright in the entire work of authorship, please follow the instructions in http://www.talkgraphics.com/forumdis...y-Tool-Project.
    "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.
    "Media" means any portion of a Contribution which is not software.
    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

    As a condition on the grant of rights in Sections 2.1 and 2.2, We agree to license the Contribution only under the terms of the license or licenses which We are using on the Submission Date for the Material or the following additional licenses: MIT license (also X11) (including any right to adopt any future version of a license if permitted).
    In addition, We may use the following licenses for Media in the Contribution: Creative Commons Attribution 3.0 (including any right to adopt any future version of a license if permitted).
    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.
    (d) You have followed the instructions in http://www.talkgraphics.com/forumdis...y-Tool-Project, if You do not own the Copyright in the entire work of authorship Submitted.
    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 United States 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.
    You
    ________________________
    Name: __________________
    Address: ________________
    ________________________

    Us
    ________________________
    Name: __________________
    Title: ___________________
    Address: ________________
    ________________________

    Harmony (HA-CLA-I-LIST) Version 1.0
    Barbara Bouton
    TalkGraphics Forum Administrator

    The Xara Xone website developer. | TheBoutons.com

 

 

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