Individual and Legal Entity Contributor Non-Exclusive License Agreement
Thank you for your interest in contributing to The Casual Veggie ("We" or "Us"). The purpose of this contributor agreement ("Agreement") is to clarify and document the rights granted by contributors to Us. To make this document effective, please follow the instructions at www.parsleyandpumpkins.com/apply.
1.1 "You" means any individual or Legal Entity on behalf of whom a Contribution has been received by Parsley and Pumpkins.
1.2 “Legal Entity” means an entity that is not a natural person, such as a company.
1.3 "Contribution" means any work of authorship that is Submitted by You to Parsley and Pumpkins, in which You own the Copyright. If You do not own the Copyright in the entire work of authorship, please contact Us at email@example.com.
1.4 "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.
1.5 "Material" means the documentation made available by Us to third parties. When this Agreement covers more than one project, the Material means the project to which the Contribution was Submitted. After You Submit the Contribution, it may be included in the Material.
1.6 "Submit" means any form of physical, electronic, or written communication sent to Us, 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, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
1.7 "Submission Date" means the date You Submit a Contribution to Us.
2. LICENSE GRANT
2.1 Copyright License to Us
With respect to any worldwide copyrights, copyright applications and registrations in your Contribution, you irrevocably assign to us joint copyright ownership.
Subject to the terms and conditions of this Agreement, You hereby grant to Us a worldwide, royalty-free, NON-exclusive, perpetual and irrevocable license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, under the Copyright covering the Contribution to use the Contribution by all means, including, but not limited to:
to publish the Contribution,
to modify the Contribution, to prepare derivative works based upon or containing the Contribution,
to reproduce the Contribution in original or modified form,
to distribute, to make the Contribution available to the public, display and publicly perform the Contribution in original or modified form.
2.2 Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law. Notwithstanding, Your name or company name, your website URL, and your by line will be included in the footer of the title page of your contribution within the material.
3. License Obligations by US
We agree to license the Contribution only under the terms of the license or licenses that We are using on the Submission Date for the Material (including any rights to adopt any future version of a license).
You confirm that:
(a) You have the legal authority to enter into this Agreement.
(b) You own the Copyright covering the Contribution.
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 AND BY US TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
6. Consequential Damage Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR US 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.
7. Approximation of Disclaimer and Damage Waiver
IF THE DISCLAIMER AND DAMAGE WAIVER MENTIONED IN SECTION 5 AND SECTION 6 CANNOT BE GIVEN LEGAL EFFECT UNDER APPLICABLE LOCAL LAW, REVIEWING COURTS SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROXIMATES AN ABSOLUTE WAIVER OF ALL CIVIL LIABILITY IN CONNECTION WITH THE CONTRIBUTION.
8.1 This Agreement shall come into effect upon Your acceptance of the terms and conditions.
8.2 You shall have the right to terminate the Agreement in written form if We do not fulfill the obligations as set forth in Section 4.
8.3 In the event of a termination of this Agreement Sections 5, 6, 7, 8 and 9 shall survive such termination and shall remain in full force thereafter. For the avoidance of doubt, Contributions that are already licensed under a free and open source license at the date of the termination shall remain in full force after the termination of this Agreement.
9.1 This Agreement and all disputes, claims, actions, suits or other proceedings arising out of this agreement or relating in any way to it shall be governed by the laws of United States of America excluding its private international law provisions.
9.2 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
9.3 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 that 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.
9.4 You agree to notify Us of any facts or circumstances of which you become aware that would make this Agreement inaccurate in any respect.