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| 1 | +# Contributor Agreement - Individual Contributor Non-Exclusive License Agreement |
| 2 | + |
| 3 | +Thank you for your interest in contributing to `java-patters` ("We" or "Us"). |
| 4 | + |
| 5 | +The purpose of this contributor agreement ("Agreement") is to clarify and document the rights granted by contributors to |
| 6 | +Us. |
| 7 | + |
| 8 | +### How to use this Contributor Agreement |
| 9 | + |
| 10 | +If You are an employee and have created the Contribution as part of your employment, You need to have Your employer |
| 11 | +approve this Agreement. If You do not own the Copyright in the entire work of authorship, any other author of the |
| 12 | +Contribution should also sign this – in any event, please contact Us at a.rogalsky@yandex.ru. |
| 13 | + |
| 14 | +### 1. Definitions |
| 15 | + |
| 16 | +**"You"** means the individual Copyright owner who Submits a Contribution to Us. |
| 17 | + |
| 18 | +**"Contribution"** means any original work of authorship, including any original modifications or additions to an |
| 19 | +existing work of authorship, Submitted by You to Us, in which You own the Copyright. |
| 20 | + |
| 21 | +**"Copyright"** means all rights protecting works of authorship, including copyright, moral and neighboring rights, as |
| 22 | +appropriate, for the full term of their existence. |
| 23 | + |
| 24 | +**"Material"** means the software or documentation made available by Us to third parties. When this Agreement covers |
| 25 | +more than one software project, the Material means the software or documentation to which the Contribution was |
| 26 | +Submitted. After You Submit the Contribution, it may be included in the Material. |
| 27 | + |
| 28 | +**"Submit"** means any act by which a Contribution is transferred to Us by You by means of tangible or intangible media, |
| 29 | +including but not limited to electronic mailing lists, source code control systems, and issue tracking systems that are |
| 30 | +managed by, or on behalf of, Us, but excluding any transfer that is conspicuously marked or otherwise designated in |
| 31 | +writing by You as "Not a Contribution." |
| 32 | + |
| 33 | +**"Documentation"** means any non-software portion of a Contribution. |
| 34 | + |
| 35 | +### 2. License grant |
| 36 | + |
| 37 | +**2.1 Copyright license to Us** |
| 38 | + |
| 39 | +Subject to the terms and conditions of this Agreement, You hereby grant to Us a worldwide, royalty-free, NON-exclusive, |
| 40 | +perpetual and irrevocable (except as stated in Section 8.2) license, with the right to transfer an unlimited number of |
| 41 | +non-exclusive licenses or to grant sublicenses to third parties, under the Copyright covering the Contribution to use |
| 42 | +the Contribution by all means, including, but not limited to: |
| 43 | + |
| 44 | +- publish the Contribution, |
| 45 | +- modify the Contribution, |
| 46 | +- prepare derivative works based upon or containing the Contribution and/or to combine the Contribution with other |
| 47 | + Materials, |
| 48 | +- reproduce the Contribution in original or modified form, |
| 49 | +- distribute, to make the Contribution available to the public, display and publicly perform the Contribution in |
| 50 | + original or modified form. |
| 51 | + |
| 52 | +**2.2 Moral rights** |
| 53 | + |
| 54 | +Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law. Notwithstanding, |
| 55 | +You may add your name to the attribution mechanism customary used in the Materials you Contribute to, such as the header |
| 56 | +of the source code files of Your Contribution, and We will respect this attribution when using Your Contribution. |
| 57 | + |
| 58 | +### 3. Patents |
| 59 | + |
| 60 | +**3.1 Patent license** |
| 61 | + |
| 62 | +Subject to the terms and conditions of this Agreement You hereby grant to Us and to recipients of Materials distributed |
| 63 | +by Us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable (except as stated in Section 3.2) patent |
| 64 | +license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third |
| 65 | +parties, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the |
| 66 | +Contribution in combination with any Material (and portions of such combination). This license applies to all patents |
| 67 | +owned or controlled by You, whether already acquired or hereafter acquired, that would be infringed by making, having |
| 68 | +made, using, selling, offering for sale, importing or otherwise transferring of Your Contribution(s) alone or by |
| 69 | +combination of Your Contribution(s) with any Material. |
| 70 | + |
| 71 | +**3.2 Revocation of patent license** |
| 72 | + |
| 73 | +You reserve the right to revoke the patent license stated in section 3.1 if We make any infringement claim that is |
| 74 | +targeted at your Contribution and not asserted for a Defensive Purpose. An assertion of claims of the Patents shall be |
| 75 | +considered for a "Defensive Purpose" if the claims are asserted against an entity that has filed, maintained, |
| 76 | +threatened, or voluntarily participated in a patent infringement lawsuit against Us or any of Our licensees. |
| 77 | + |
| 78 | +### 4. Disclaimer |
| 79 | + |
| 80 | +THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT |
| 81 | +LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE |
| 82 | +EXPRESSLY DISCLAIMED BY YOU TO US AND BY US TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH |
| 83 | +WARRANTY IS LIMITED IN DURATION AND EXTENT TO THE MINIMUM PERIOD AND EXTENT PERMITTED BY LAW. |
| 84 | + |
| 85 | +### 5. Consequential damage waiver |
| 86 | + |
| 87 | +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR WE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF |
| 88 | +ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF |
| 89 | +THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. |
| 90 | + |
| 91 | +### 6. Approximation of disclaimer and damage waiver |
| 92 | + |
| 93 | +IF THE DISCLAIMER AND DAMAGE WAIVER MENTIONED IN SECTION 4. AND SECTION 5. CANNOT BE GIVEN LEGAL EFFECT UNDER APPLICABLE |
| 94 | +LOCAL LAW, REVIEWING COURTS SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROXIMATES AN ABSOLUTE WAIVER OF ALL CIVIL OR |
| 95 | +CONTRACTUAL LIABILITY IN CONNECTION WITH THE CONTRIBUTION. |
| 96 | + |
| 97 | +### 7. Term |
| 98 | + |
| 99 | +**7.1** This Agreement shall come into effect upon Your acceptance of the terms and conditions. |
| 100 | + |
| 101 | +**7.2** In the event of a termination of this Agreement Sections 4, 5, 6, 7 and 8 shall survive such termination and |
| 102 | +shall remain in full force thereafter. For the avoidance of doubt, Free and Open Source Software (sub)licenses that have |
| 103 | +already been granted for Contributions at the date of the termination shall remain in full force after the termination |
| 104 | +of this Agreement. |
| 105 | + |
| 106 | +### 8. Miscellaneous |
| 107 | + |
| 108 | +**8.1** This Agreement and all disputes, claims, actions, suits or other proceedings arising out of this agreement or |
| 109 | +relating in any way to it shall be governed by the laws of United States excluding its private international law |
| 110 | +provisions. |
| 111 | + |
| 112 | +**8.2** This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all |
| 113 | +other agreements or understandings. |
| 114 | + |
| 115 | +**8.3** In case of Your death, this agreement shall continue with Your heirs. In case of more than one heir, all heirs |
| 116 | +must exercise their rights through a commonly authorized person. |
| 117 | + |
| 118 | +**8.4** If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the |
| 119 | +extent possible with a provision that comes closest to the meaning of the original provision and that is enforceable. |
| 120 | +The terms and conditions set forth in this Agreement shall apply not withstanding any failure of essential purpose of |
| 121 | +this Agreement or any limited remedy to the maximum extent possible under law. |
| 122 | + |
| 123 | +**8.5** You agree to notify Us of any facts or circumstances of which you become aware that would make this Agreement |
| 124 | +inaccurate in any respect. |
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