OPENPKG CONTRIBUTOR AGREEMENT (OCA) =================================== PREAMBLE -------- Thank you for your interest in contributing to the OpenPKG Project. To protect the clear and straightforward license, issued to everyone by the OpenPKG Project, from being attenuated and undermined by third parties' rights, it is necessary that contributors ensure the OpenPKG Project receives all rights required to continue this offering. This agreement conclusively and clearly sets out responsibilities and obligations regarding intellectual properties and patent issues that may arise with your contribution and defines the inevitable transfer of rights to the OpenPKG Project. Once your contribution is adopted by the OpenPKG Project you immediately benefit from relieved maintenance efforts. Please understand that the OpenPKG Project has no obligation to accept or use your contribution. In simple terms this agreement means, you 1. identify yourself 2. deliberately accept OpenPKG policies 3. understand the transfer of rights 4. state your contribution is free of third parties' rights 5. state your contribution is not covered by patents 6. represent that you are legally empowered to accede the agreement 7. irrevocably transfer rights to the OpenPKG Project 8. assume OpenPKG Project publishes the contribution under the OpenPKG Project license 9. may terminate the agreement AGREEMENT --------- This agreement constitutes a valid and binding agreement between you, the natural person, or entity you are the legitimate representative of, and Ralf S. Engelschall, Silnerstr. 28, 85221 Dachau, GERMANY, representing the OpenPKG Project hosted under the Internet Domain Name openpkg.org for want of a legal entity, hereinafter referred to as "OpenPKG Project". You... 1. identify yourself: You are identified by the Full Name and E-Mail address you allege at the "signature" area below. Unless you state to represent a named legal entity you represent your individual person. 2. deliberately accept OpenPKG policies: You know about the OpenPKG policies (for details see http://openpkg.org/go/policies), have read and understood them, including the definition of what a contribution is and you know have sound idea how to express your intention to contribute. 3. understand the transfer of rights: Subject to applicable law "transfer of rights" preferably means you either a) assign the existing copyright, or b) grant all exclusive usage rights, of the contribution to the OpenPKG Project. Known examples for countries where exclusive license grant is to be used over copyright assignment include Austria, Slovenia, Germany and Hungary. The transfer of rights becomes effective on the date you first submit a contribution to the OpenPKG Project, even if that contribution happened in the past. The transfer of rights includes future contributions until you resign from and terminate this agreement. 4. state your contribution is free of third parties' rights: To the best of your knowledge, no government license or permission is required for the export, import, transfer or use of your contribution. In some countries, law may provide that the employer is deemed to be the owner of the rights on materials developed by an employee in the course of his or her employment, unless the parties have agreed otherwise. You are aware of these provisions, and therefore warrant that the contribution is free of any of your employer's exploitation rights. You warrant that your contribution, to the best of your knowledge, does not violate any other parties' copyrights, trademarks, patents or other intellectual property rights and no claim or dispute has been alleged, threatened, made or filed in connection with the ownership, use or distribution of your contribution. In case of contributor death and more than one heir, all heirs have to exercise their rights through a common authorized person. 5. state your contribution is not covered by patents: You warrant that your contribution, to the best of your knowledge, is free of patents. 6. represent that you are legally empowered to accede the agreement: You represent that you are the current owner of all rights to be transferred and you are legally empowered to accede the agreement. 7. irrevocably transfer rights to the OpenPKG Project: You hereby irrevocably transfer your rights of the contribution to the OpenPKG Project. The transfer is perpetual, all-embracing and worldwide. No charges or royalties become due ever. 8. assume OpenPKG Project publishes the contribution under the OpenPKG Project license: The OpenPKG Project publishes the contribution under the OpenPKG Project license [1], basically allowing everyone including yourself to use the contribution. 9. may terminate the agreement: In case you resign from and terminate this agreement the terms of this agreement shall remain in full force and effect with respect to any contribution submitted prior to the termination date of this agreement. LICENSE ------- Copyright (c) 2000-2007 OpenPKG Foundation e.V. Copyright (c) 2000-2007 Ralf S. Engelschall Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. GENERAL ------- This agreement contains the entire agreement between the parties, and supersedes all prior agreements. Headings under this agreement are intended only for convenience and shall not affect the interpretation of this agreement. No failure of either party to exercise or enforce any of its rights under this agreement will act as a waiver of those rights. This agreement may only be modified or terminated by a written document executed by the party against which it is asserted. If any provision of this agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this agreement will not be affected. This agreement is governed by German law. If you have any questions about this agreement please do not hesitate to contact the OpenPKG Project. Direct all traditional paper correspondence to the official project address as listed above. You find the most recent contact information on the website http://openpkg.org/ This is document version 1.0, valid as of 2007-01-01. You can find the most recent version of this document on the website http://openpkg.org/go/oca