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| 1 | +Thank you for your interest in Fluence Labs projects. |
| 2 | + |
| 3 | +In order to clarify the intellectual property license |
| 4 | +granted with Contributions from any person or entity, Fluence Labs |
| 5 | +must have a Contributor License Agreement ("CLA") on file that has |
| 6 | +been signed by each Contributor, indicating agreement to the license |
| 7 | +terms below. This license is for your protection as a Contributor as |
| 8 | +well as the protection of Fluence Labs and its users; it does not |
| 9 | +change your rights to use your own Contributions for any other purpose. |
| 10 | +This contribution license is based on the GNU Affero General Public License version 3. |
| 11 | + |
| 12 | +Please read this document carefully before signing and keep a copy |
| 13 | +for your records. |
| 14 | + |
| 15 | +You accept and agree to the following terms and conditions for Your |
| 16 | +present and future Contributions submitted to Fluence Labs. Except |
| 17 | +for the license granted herein to Fluence Labs and recipients of |
| 18 | +software distributed by Fluence Labs, You reserve all right, title, |
| 19 | +and interest in and to Your Contributions. |
| 20 | + |
| 21 | +1. Definitions. |
| 22 | + "You" (or "Your") shall mean the copyright owner or legal entity |
| 23 | + authorized by the copyright owner that is making this Agreement |
| 24 | + with Fluence Labs. For legal entities, the entity making a |
| 25 | + Contribution and all other entities that control, are controlled |
| 26 | + by, or are under common control with that entity are considered to |
| 27 | + be a single Contributor. For the purposes of this definition, |
| 28 | + "control" means (i) the power, direct or indirect, to cause the |
| 29 | + direction or management of such entity, whether by contract or |
| 30 | + otherwise, or (ii) ownership of fifty percent (50%) or more of the |
| 31 | + outstanding shares, or (iii) beneficial ownership of such entity. |
| 32 | + "Contribution" shall mean any original work of authorship, |
| 33 | + including any modifications or additions to an existing work, that |
| 34 | + is intentionally submitted by You to Fluence Labs for inclusion |
| 35 | + in, or documentation of, any of the products owned or managed by |
| 36 | + Fluence Labs (the "Work"). For the purposes of this definition, |
| 37 | + "submitted" means any form of electronic, verbal, or written |
| 38 | + communication sent to Fluence Labs or its representatives, |
| 39 | + including but not limited to communication on electronic mailing |
| 40 | + lists, source code control systems, and issue tracking systems that |
| 41 | + are managed by, or on behalf of, Fluence Labs for the purpose of |
| 42 | + discussing and improving the Work, but excluding communication that |
| 43 | + is conspicuously marked or otherwise designated in writing by You |
| 44 | + as "Not a Contribution." |
| 45 | + |
| 46 | +2. Grant of Copyright License. Subject to the terms and conditions of |
| 47 | + this Agreement, You hereby grant to Fluence Labs and to |
| 48 | + recipients of software distributed by Fluence Labs a perpetual, |
| 49 | + worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
| 50 | + copyright license to reproduce, prepare derivative works of, |
| 51 | + publicly display, publicly perform, sublicense, and distribute Your |
| 52 | + Contributions and such derivative works. |
| 53 | + |
| 54 | +3. Grant of Patent License. Subject to the terms and conditions of |
| 55 | + this Agreement, You hereby grant to Fluence Labs and to |
| 56 | + recipients of software distributed by Fluence Labs a perpetual, |
| 57 | + worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
| 58 | + (except as stated in this section) patent license to make, have |
| 59 | + made, use, offer to sell, sell, import, and otherwise transfer the |
| 60 | + Work, where such license applies only to those patent claims |
| 61 | + licensable by You that are necessarily infringed by Your |
| 62 | + Contribution(s) alone or by combination of Your Contribution(s) |
| 63 | + with the Work to which such Contribution(s) was submitted. If any |
| 64 | + entity institutes patent litigation against You or any other entity |
| 65 | + (including a cross-claim or counterclaim in a lawsuit) alleging |
| 66 | + that your Contribution, or the Work to which you have contributed, |
| 67 | + constitutes direct or contributory patent infringement, then any |
| 68 | + patent licenses granted to that entity under this Agreement for |
| 69 | + that Contribution or Work shall terminate as of the date such |
| 70 | + litigation is filed. |
| 71 | + |
| 72 | +4. You represent that you are legally entitled to grant the above |
| 73 | + license. If your employer(s) has rights to intellectual property |
| 74 | + that you create that includes your Contributions, you represent |
| 75 | + that you have received permission to make Contributions on behalf |
| 76 | + of that employer, that your employer has waived such rights for |
| 77 | + your Contributions to Fluence Labs, or that your employer has |
| 78 | + executed a separate Corporate CLA with Fluence Labs. |
| 79 | + |
| 80 | +5. You represent that each of Your Contributions is Your original |
| 81 | + creation (see section 7 for submissions on behalf of others). You |
| 82 | + represent that Your Contribution submissions include complete |
| 83 | + details of any third-party license or other restriction (including, |
| 84 | + but not limited to, related patents and trademarks) of which you |
| 85 | + are personally aware and which are associated with any part of Your |
| 86 | + Contributions. |
| 87 | + |
| 88 | +6. You are not expected to provide support for Your Contributions, |
| 89 | + except to the extent You desire to provide support. You may provide |
| 90 | + support for free, for a fee, or not at all. Unless required by |
| 91 | + applicable law or agreed to in writing, You provide Your |
| 92 | + Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS |
| 93 | + OF ANY KIND, either express or implied, including, without |
| 94 | + limitation, any warranties or conditions of TITLE, NON |
| 95 | +INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. |
| 96 | + |
| 97 | +7. Should You wish to submit work that is not Your original creation, |
| 98 | + You may submit it to Fluence Labs separately from any |
| 99 | + Contribution, identifying the complete details of its source and of |
| 100 | + any license or other restriction (including, but not limited to, |
| 101 | + related patents, trademarks, and license agreements) of which you |
| 102 | + are personally aware, and conspicuously marking the work as |
| 103 | + "Submitted on behalf of a third-party: [named here]". |
| 104 | + |
| 105 | +8. You agree to notify Fluence Labs of any facts or circumstances of |
| 106 | + which you become aware that would make these representations |
| 107 | + inaccurate in any respect. |
| 108 | + |
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