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D-BUS PHP Binding
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The following agreement is valid for all files and subdirectories of
php/dbus (git)
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Fiduciary Licence Agreement
---------------------------
v1.0.0
Based on the Fiduciary Licence Agreement (Version 1.3.3 for the KDE project
by KDE e.V.) released under the terms of the Creative Commons
Attribution/Share-alike licence version 2.5 by the Free Software Foundation
Europe (FSFE).
***
Thank you for your interest in projects of the direct Netware Group (dNG).
As a supporter of the development project listed above we would kindly ask
you to agree to and send a written copy of this license agreement to the
address named below.
***
Agreement
---------
(Please cross out unsuitable alternatives.)
Between
the author
_______________________________________________ (Name)
_______________________________________________ (Occupation, D.o. Birth)
_______________________________________________ (Street)
_______________________________________________ (ZIP, City, Country)
_______________________________________________ (Email)
the owner of the exclusive licence,
_______________________________________________ (Company or name)
_______________________________________________ (HQ or addr.)
_______________________________________________ (managing director)
- acquired by virtue of a contract date as of
_____________________________________________
- contracting party:
_____________________________________________
- acquired as employer in the context of a work and service relationship
hereinafter referred to as "Beneficiary"
and the direct Netware Group, which at the time of this writing has the
official address:
direct Netware Group
z.Hd. Herr Wolf
Winterbergstr. 84d
1237 Dresden
Germany
***
§1 Grant
(1) Subject to the provision of §2, Beneficiary assigns to the direct
Netware Group the Copyright in computer programs and other
copyrightable material world-wide, or in countries where such an
assignment is not possible, grants an exclusive licence, including,
inter alia:
1. the right to reproduce in original or modified form;
2. the right to redistribute in original or modified form;
3. the right of making available in data networks, in particular via the
Internet, as well as by providing downloads, in original or modified
form;
4. the right to authorize third parties to make derivative works of the
Software, or to work on and commit changes or perform this conduct
themselves.
(2) Beneficiary's moral or personal rights remain unaffected by this
Agreement.
(3) In some countries, the 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. The Beneficiary is aware of these provisions, and therefore
warrants, represents and guarantees that the Subject Matter is free of
any of his or her employer's exclusive exploitation rights.
§2 Subject Matter
The rights and licences granted in §1 apply to both "Software" and
"Documentation." For the purpose of this Agreement, "Software" shall mean
all computer programs, copyrightable sections of computer programs or
modifications of computer programs that have been developed or programmed
by Beneficiary and that are specified in this Agreement below or that are
listed in Exhibit A attached to this Agreement and dated and signed by the
contracting parties. Likewise, "Documentation" shall refer to all manuals
and documentation written by Beneficiary alongside and usually distributed
with the "Software" and are similarly specified below or listed in
Exhibit A:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Except in countries where such an assignment is not possible,5 the rights
(and licences) granted under this agreement by Beneficiary shall also
include future developments, future corrections of errors or faults and
other future modifications and derivative works of the software to which
Beneficiary obtains copyright ownership under this agreement. Excluded from
this provision are modifications that are not derived from the subject
matter and that have to be regarded as independent and original software.
§3 direct Netware Group's Rights and Re-Transfer of Non-Exclusive Licence
(1) The direct Netware Group shall exercise the granted rights and licences
in its own name. Furthermore, the direct Netware Group shall be
authorized to enjoin third parties from using the software and forbid
any unlawful or copyright infringing use of the Software, and shall be
entitled to enforce all its rights in its own name in and out of court.
The direct Netware Group shall also be authorized to permit third
parties to exercise the direct Netware Group's rights in and out of
court.
(2) The direct Netware Group grants to Beneficiary a non-exclusive,
worldwide, perpetual and unrestricted licence in the Software. This
right's (and licence's) scope shall encompass and include all the
rights (and licences) specified in §1. Furthermore, the direct Netware
Group grants to Beneficiary additional non-exclusive, transferable
license to use, reproduce, redistribute and make available the Software
and / or Documentation as needed for releases of the Software and / or
Documentation under other licences. This re-transfer shall not limit
the scope of the direct Netware Group's exclusive licence in the
Software and rights pursuant to §1.
(3) The direct Netware Group guarantees to use the rights and licences
transferred in strict accordance with the regulations imposed by Free
Software licences, including, but not limited to, the GNU General
Public Licence (GPL) or the GNU Lesser General Public Licence (LGPL)
respectively. In the event the direct Netware Group violates the
principles of Free Software, all granted rights and licences shall
automatically return to the Beneficiary and the licences granted
hereunder shall be terminated and expire.
(4) The transfer of the rights and licences specified in §1 shall be
unrestricted in territory and thus shall apply world-wide and be
temporally unlimited.
§4 Miscellaneous
(1) Regarding the succession of rights in this contractual relationship,
German law shall apply, unless this Agreement imposes deviating
regulations. In case of the Beneficiary's death, the assignment of
exclusive rights shall continue with the heirs. In case of more than
one heir, all heirs have to exercise their rights through a common
authorized person.
(2) Place of jurisdiction for all legal conflicts arising out of or in
connection with this Agreement is Dresden, Germany.
_______________________________________________
(Date, Place)
_______________________________________________
(Beneficiary)
***
_______________________________________________
(Date, Place)
_______________________________________________
(direct Netware Group)
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