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Change EDK II to BSD Patent License
Stephano Cetola edited this page Oct 23, 2019
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7 revisions
This change is based on the following emails:
- https://lists.01.org/pipermail/edk2-devel/2019-February/036260.html
- https://lists.01.org/pipermail/edk2-devel/2018-October/030385.html
RFCs with detailed process for the license change:
- V3: https://lists.01.org/pipermail/edk2-devel/2019-March/038116.html
- V2: https://lists.01.org/pipermail/edk2-devel/2019-March/037669.html
- V1: https://lists.01.org/pipermail/edk2-devel/2019-March/037500.html
https://bugzilla.tianocore.org/show_bug.cgi?id=1373
The patch series for review has been posted on the following branch using 7ed72121b7 as the base for the patch series.
https://github.com/mdkinney/edk2/tree/Bug_1373_BsdPatentLicense_V3
The commits in patch series can be viewed here:
https://github.com/mdkinney/edk2/commits/Bug_1373_BsdPatentLicense_V3
The patch series has one patch per package along with a few patches to update the license information in the root of the edk2 repository as described in the RFC V3.
Due to the size of the patch series, the preference is to not send the patch emails. Instead, please perform code reviews using content from the branch.
All EDK II package maintainers and package reviewers should provide review feedback for their packages. The critical part of the review is:
- Any changes that cause build breaks or logic changes. These code changes are intended to only modify license contents in comment blocks.
- Any file that has been changed to BSD+Patent, but should remain with the current license.
- Any file that that has not changed to BSD+Patent, but should be changed to BSD+Patent.
Feedback and Reviewed-by emails should identify the patch the feedback applies using the patch summary listed below. The goal is to complete all reviews to support the commit of these patches on April 9, 2019.
The following table provide a summary of the patches, the list of reviewers, and the Reviewed-by status.
This RFC follows up on the proposal from Mark Doran to change the EDK II Project to a BSD+Patent License.
https://lists.01.org/pipermail/edk2-devel/2019-February/036260.html
The review period for this license change is 30 days. If there is no unresolved feedback on April 9, 2019, then commits of the license change patches will begin on April 9, 2019.
** Please provide feedback on the proposal by Monday April 8, 2019. **
Feedback can be sent to edk2-devel at lists.01.org, the EDK II community manager or any of the EDK II stewards.
- Leif Lindholm <leif.lindholm at linaro.org> Steward
- Andrew Fish Steward
- Laszlo Ersek Steward
- Michael Kinney <michael.d.kinney at intel.com> Steward
The goal is to convert all of the files in the edk2 repository that are currently covered by the 2-Clause BSD License and the TianoCore Contribution Agreement to a BSD+Patent License.
I will be following up with pointers to public GitHub branches that contain the set of changes to the edk2 repository for review.
The proposal is to perform this change to edk2/master in the steps listed below. The license change will not be applied to any of the other existing branches in the edk2 repository.
-
Add a License-History.txt file to the root of the edk2 repository that contains the 2-Clause BSD License and the TianoCore Contribution Agreement along with the details on the change to the BSD+Patent License.
-
Change License.txt in the root of the edk2 repository from a 2-Clause BSD License to the BSD+Patent License. The following is the link to the BSD+Patent License and the new License.txt file contents.
https://opensource.org/licenses/BSDplusPatent
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Subject to the terms and conditions of this license, each copyright holder and contributor hereby grants to those receiving rights under this license a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except for failure to satisfy the conditions of this license) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer this software, where such license applies only to those patent claims, already acquired or hereafter acquired, licensable by such copyright holder or contributor that are necessarily infringed by: (a) their Contribution(s) (the licensed copyrights of copyright holders and non-copyrightable additions of contributors, in source or binary form) alone; or (b) combination of their Contribution(s) with the work of authorship to which such Contribution(s) was added by such copyright holder or contributor, if, at the time the Contribution is added, such addition causes such combination to be necessarily infringed. The patent license shall not apply to any other combinations which include the Contribution. Except as expressly stated above, no rights or licenses from any copyright holder or contributor is granted under this license, whether expressly, by implication, estoppel or otherwise. DISCLAIMER THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS 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 COPYRIGHT HOLDERS OR 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. -
Change all files currently covered by a 2-Clause BSD License and the TianoCore Contribution Agreement to a BSD+Patent License using the following SPDX-License-Identifier statement:
SPDX-License-Identifier: BSD-2-Clause-PatentThe use of SPDX-License-Identifier statement is based on the following:
https://01.org/blogs/jc415/2018/open-source-hacks-one-question-interviews-open-source-experts-how-use-spdx-headers -
Update Readme.md in the root of the edk2 repository to state that content is covered by a BSD+Patent License. Also state that the BSD+Patent License is the preferred license for the EDK II project.
a) Move the portions of Contributions.txt in the root of the edk2 repository Readme.md in the root of edk2 repository that describe how to contribute along with the commit message format.
b) Add the following to Readme.md in the root of edk2 repository:
# Developer Certificate of Origin Your change description should use the standard format for a commit message, and must include your `Signed-off-by` signature. In order to keep track of who did what, all patches contributed must include a statement that to the best of the contributor's knowledge they have the right to contribute it under the specified license. The test for this is as specified in the [Developer's Certificate of Origin (DCO) 1.1](https://developercertificate.org/). The contributor certifies compliance by adding a line saying Signed-off-by: Developer Name <developer@example.org> where `Developer Name` is the contributor's real name, and the email address is one the developer is reachable through at the time of contributing. Developer's Certificate of Origin 1.1 By making a contribution to this project, I certify that: (a) The contribution was created in whole or in part by me and I have the right to submit it under the open source license indicated in the file; or (b) The contribution is based upon previous work that, to the best of my knowledge, is covered under an appropriate open source license and I have the right under that license to submit that work with modifications, whether created in whole or in part by me, under the same open source license (unless I am permitted to submit under a different license), as indicated in the file; or (c) The contribution was provided directly to me by some other person who certified (a), (b) or (c) and I have not modified it. (d) I understand and agree that this project and the contribution are public and that a record of the contribution (including all personal information I submit with it, including my sign-off) is maintained indefinitely and may be redistributed consistent with this project or the open source license(s) involved. -
Remove the Contributions.txt file from the root of the edk2 repository that contains the TianoCore Contribution Agreement.
-
Update all documentation to state that content submitted under the BSD+Patent License no longer requires the Tianocore Contribution Agreement which means the following line is not required in commit messages for changes to files that are covered by a BSD+Patent License.
Contributed-under: TianoCore Contribution Agreement 1.1 -
Create Wiki page(s) that provide the details of the BSD+Patent License change and provides the status of the license change for each TianoCore repository and package.
Once the conversion of the edk2 repository is complete, work will begin on the other repositories in the TianoCore project.
License-History.txt
===================
This file contains the history of license change and contributor's agreement
changes.
Unless otherwise noted in a specific file, the EDK2 project is now licensed
under the terms listed in the License.txt file. Terms under which Contributions
made prior to the move to the License.txt formulation are shown below. Those
terms require notice of the terms themselves be preserved and presented with the
contributions. This file serves that preservation purpose as a matter of
documenting the history of the project.
Key Dates
----------
* August 3, 2017
Update the TianoCore Contribution Agreement from Version 1.0
to Version 1.1 to cover open source documentation associated
with the TianoCore project.
Version 1.0 covers source code files. Version 1.1 is a
backwards compatible extension that adds support for document
files in both source form and compiled form.
References:
https://opensource.org/licenses/BSD-2-Clause
Complete text of TianoCore Contribution Agreement 1.0 included below
Complete text of TianoCore Contribution Agreement 1.1 included below
Proposals (RFCs):
https://lists.01.org/pipermail/edk2-devel/2017-March/008654.html
TianoCore Bugzilla:
https://bugzilla.tianocore.org/show_bug.cgi?id=629
* April 9, 2019
Replace BSD 2-Clause License with BSD + Patent License removing the need for
the TianoCore Contribution Agreement.
References:
https://opensource.org/licenses/BSD-2-Clause
Complete text of TianoCore Contribution Agreement 1.0 included below
Complete text of TianoCore Contribution Agreement 1.1 included below
https://opensource.org/licenses/BSDplusPatent
Proposals (RFCs):
https://lists.01.org/pipermail/edk2-devel/2019-February/036260.html
https://lists.01.org/pipermail/edk2-devel/2019-March/037500.html
TianoCore Bugzilla:
https://bugzilla.tianocore.org/show_bug.cgi?id=1373
--------------------------------------------------------------------------------
License.txt: BSD 2-Clause License
--------------------------------------------------------------------------------
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS 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
COPYRIGHT HOLDER OR 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.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Contributions.txt: TianoCore Contribution Agreement 1.1
--------------------------------------------------------------------------------
======================
= Code Contributions =
======================
To make a contribution to a TianoCore project, follow these steps.
1. Create a change description in the format specified below to
use in the source control commit log.
2. Your commit message must include your "Signed-off-by" signature,
and "Contributed-under" message.
3. Your "Contributed-under" message explicitly states that the
contribution is made under the terms of the specified
contribution agreement. Your "Contributed-under" message
must include the name of contribution agreement and version.
For example: Contributed-under: TianoCore Contribution Agreement 1.1
The "TianoCore Contribution Agreement" is included below in
this document.
4. Submit your code to the TianoCore project using the process
that the project documents on its web page. If the process is
not documented, then submit the code on development email list
for the project.
5. It is preferred that contributions are submitted using the same
copyright license as the base project. When that is not possible,
then contributions using the following licenses can be accepted:
* BSD (2-clause): http://opensource.org/licenses/BSD-2-Clause
* BSD (3-clause): http://opensource.org/licenses/BSD-3-Clause
* MIT: http://opensource.org/licenses/MIT
* Python-2.0: http://opensource.org/licenses/Python-2.0
* Zlib: http://opensource.org/licenses/Zlib
For documentation:
* FreeBSD Documentation License
https://www.freebsd.org/copyright/freebsd-doc-license.html
Contributions of code put into the public domain can also be
accepted.
Contributions using other licenses might be accepted, but further
review will be required.
=====================================================
= Change Description / Commit Message / Patch Email =
=====================================================
Your change description should use the standard format for a
commit message, and must include your "Signed-off-by" signature
and the "Contributed-under" message.
== Sample Change Description / Commit Message =
=== Start of sample patch email message ===
From: Contributor Name <contributor@example.com>
Subject: [Repository/Branch PATCH] Module: Brief-single-line-summary
Full-commit-message
Contributed-under: TianoCore Contribution Agreement 1.1
Signed-off-by: Contributor Name <contributor@example.com>
---
An extra message for the patch email which will not be considered part
of the commit message can be added here.
Patch content inline or attached
=== End of sample patch email message ===
=== Notes for sample patch email ===
* The first line of commit message is taken from the email's subject
line following [Repository/Branch PATCH]. The remaining portion of the
commit message is the email's content until the '---' line.
* git format-patch is one way to create this format
=== Definitions for sample patch email ===
* "Repository" is the identifier of the repository the patch applies.
This identifier should only be provided for repositories other than
'edk2'. For example 'edk2-BuildSpecification' or 'staging'.
* "Branch" is the identifier of the branch the patch applies. This
identifier should only be provided for branches other than 'edk2/master'.
For example 'edk2/UDK2015', 'edk2-BuildSpecification/release/1.27', or
'staging/edk2-test'.
* "Module" is a short identifier for the affected code or documentation. For
example 'MdePkg', 'MdeModulePkg/UsbBusDxe', 'Introduction', or
'EDK II INF File Format'.
* "Brief-single-line-summary" is a short summary of the change.
* The entire first line should be less than ~70 characters.
* "Full-commit-message" a verbose multiple line comment describing
the change. Each line should be less than ~70 characters.
* "Contributed-under" explicitly states that the contribution is
made under the terms of the contribution agreement. This
agreement is included below in this document.
* "Signed-off-by" is the contributor's signature identifying them
by their real/legal name and their email address.
========================================
= TianoCore Contribution Agreement 1.1 =
========================================
INTEL CORPORATION ("INTEL") MAKES AVAILABLE SOFTWARE, DOCUMENTATION
("DOCUMENTATION"), INFORMATION AND/OR OTHER MATERIALS FOR USE IN THE
TIANOCORE OPEN SOURCE PROJECT (COLLECTIVELY "CONTENT"). USE OF THE CONTENT
IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND
INTEL AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES
INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR
USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND
CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR
REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE
AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT
USE THE CONTENT.
Unless otherwise indicated, all Content (except Documentation) made available
on the TianoCore site is provided to you under the terms and conditions of the
BSD License ("BSD"). A copy of the BSD License is available at
http://opensource.org/licenses/bsd-license.php
or when applicable, in the associated License.txt file.
Unless otherwise indicated, all Documentation made available on the
TianoCore site is provided to you under the terms and conditions of the
FreeBSD Documentation License ("FreeBSD"). A copy of the license is
available at https://www.freebsd.org/copyright/freebsd-doc-license.html or,
when applicable, in the associated License.txt file.
Certain other content may be made available under other licenses as
indicated in or with such Content (for example, in a License.txt file).
You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to TianoCore site. Except
for the license granted to Intel hereunder, You reserve all right,
title, and interest in and to Your Contributions.
== SECTION 1: Definitions ==
* "You" or "Contributor" shall mean the copyright owner or legal
entity authorized by the copyright owner that is making a
Contribution hereunder. All other entities that control, are
controlled by, or are under common control with that entity are
considered to be a single Contributor. For the purposes of this
definition, "control" means (i) the power, direct or indirect, to
cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%)
or more of the outstanding shares, or (iii) beneficial ownership
of such entity.
* "Contribution" shall mean any original work of authorship,
including any modifications or additions to an existing work,
that is intentionally submitted by You to the TianoCore site for
inclusion in, or documentation of, any of the Content. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the
TianoCore site or its representatives, including but not limited
to communication on electronic mailing lists, source code
control systems, and issue tracking systems that are managed by,
or on behalf of, the TianoCore site for the purpose of
discussing and improving the Content, but excluding
communication that is conspicuously marked or otherwise
designated in writing by You as "Not a Contribution."
== SECTION 2: License for Contributions ==
* Contributor hereby agrees that redistribution and use of the
Contribution in source and binary forms, with or without
modification, are permitted provided that the following
conditions are met:
** Redistributions of source code must retain the Contributor's
copyright notice, this list of conditions and the following
disclaimer.
** Redistributions in binary form must reproduce the Contributor's
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Disclaimer. None of the names of Contributor, Intel, or the names
of their respective contributors may be used to endorse or
promote products derived from this software without specific
prior written permission.
* Contributor grants a license (with the right to sublicense) under
claims of Contributor's patents that Contributor can license that
are infringed by the Contribution (as delivered by Contributor) to
make, use, distribute, sell, offer for sale, and import the
Contribution and derivative works thereof solely to the minimum
extent necessary for licensee to exercise the granted copyright
license; this patent license applies solely to those portions of
the Contribution that are unmodified. No hardware per se is
licensed.
* EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3 BELOW, THE
CONTRIBUTION IS PROVIDED BY THE CONTRIBUTOR "AS IS" AND ANY
EXPRESS 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
CONTRIBUTOR 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 THE
CONTRIBUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
== SECTION 3: Representations ==
* You represent that You are legally entitled to grant the above
license. If your employer(s) has rights to intellectual property
that You create that includes Your Contributions, You represent
that You have received permission to make Contributions on behalf
of that employer, that Your employer has waived such rights for
Your Contributions.
* You represent that each of Your Contributions is Your original
creation (see Section 4 for submissions on behalf of others).
You represent that Your Contribution submissions include complete
details of any third-party license or other restriction
(including, but not limited to, related patents and trademarks)
of which You are personally aware and which are associated with
any part of Your Contributions.
== SECTION 4: Third Party Contributions ==
* Should You wish to submit work that is not Your original creation,
You may submit it to TianoCore site separately from any
Contribution, identifying the complete details of its source
and of any license or other restriction (including, but not
limited to, related patents, trademarks, and license agreements)
of which You are personally aware, and conspicuously marking the
work as "Submitted on behalf of a third-party: [named here]".
== SECTION 5: Miscellaneous ==
* Applicable Laws. Any claims arising under or relating to this
Agreement shall be governed by the internal substantive laws of
the State of Delaware or federal courts located in Delaware,
without regard to principles of conflict of laws.
* Language. This Agreement is in the English language only, which
language shall be controlling in all respects, and all versions
of this Agreement in any other language shall be for accommodation
only and shall not be binding. All communications and notices made
or given pursuant to this Agreement, and all documentation and
support to be provided, unless otherwise noted, shall be in the
English language.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Contributions.txt: TianoCore Contribution Agreement 1.0
--------------------------------------------------------------------------------
======================
= Code Contributions =
======================
To make a contribution to a TianoCore project, follow these steps.
1. Create a change description in the format specified below to
use in the source control commit log.
2. Your commit message must include your "Signed-off-by" signature,
and "Contributed-under" message.
3. Your "Contributed-under" message explicitly states that the
contribution is made under the terms of the specified
contribution agreement. Your "Contributed-under" message
must include the name of contribution agreement and version.
For example: Contributed-under: TianoCore Contribution Agreement 1.0
The "TianoCore Contribution Agreement" is included below in
this document.
4. Submit your code to the TianoCore project using the process
that the project documents on its web page. If the process is
not documented, then submit the code on development email list
for the project.
5. It is preferred that contributions are submitted using the same
copyright license as the base project. When that is not possible,
then contributions using the following licenses can be accepted:
* BSD (2-clause): http://opensource.org/licenses/BSD-2-Clause
* BSD (3-clause): http://opensource.org/licenses/BSD-3-Clause
* MIT: http://opensource.org/licenses/MIT
* Python-2.0: http://opensource.org/licenses/Python-2.0
* Zlib: http://opensource.org/licenses/Zlib
Contributions of code put into the public domain can also be
accepted.
Contributions using other licenses might be accepted, but further
review will be required.
=====================================================
= Change Description / Commit Message / Patch Email =
=====================================================
Your change description should use the standard format for a
commit message, and must include your "Signed-off-by" signature
and the "Contributed-under" message.
== Sample Change Description / Commit Message =
=== Start of sample patch email message ===
From: Contributor Name <contributor@example.com>
Subject: [PATCH] CodeModule: Brief-single-line-summary
Full-commit-message
Contributed-under: TianoCore Contribution Agreement 1.0
Signed-off-by: Contributor Name <contributor@example.com>
---
An extra message for the patch email which will not be considered part
of the commit message can be added here.
Patch content inline or attached
=== End of sample patch email message ===
=== Notes for sample patch email ===
* The first line of commit message is taken from the email's subject
line following [PATCH]. The remaining portion of the commit message
is the email's content until the '---' line.
* git format-patch is one way to create this format
=== Definitions for sample patch email ===
* "CodeModule" is a short idenfier for the affected code. For
example MdePkg, or MdeModulePkg UsbBusDxe.
* "Brief-single-line-summary" is a short summary of the change.
* The entire first line should be less than ~70 characters.
* "Full-commit-message" a verbose multiple line comment describing
the change. Each line should be less than ~70 characters.
* "Contributed-under" explicitely states that the contribution is
made under the terms of the contribtion agreement. This
agreement is included below in this document.
* "Signed-off-by" is the contributor's signature identifying them
by their real/legal name and their email address.
========================================
= TianoCore Contribution Agreement 1.0 =
========================================
INTEL CORPORATION ("INTEL") MAKES AVAILABLE SOFTWARE, DOCUMENTATION,
INFORMATION AND/OR OTHER MATERIALS FOR USE IN THE TIANOCORE OPEN SOURCE
PROJECT (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND INTEL AND/OR THE
TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR
REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE
CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS
OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED
BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE
AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT
USE THE CONTENT.
Unless otherwise indicated, all Content made available on the TianoCore
site is provided to you under the terms and conditions of the BSD
License ("BSD"). A copy of the BSD License is available at
http://opensource.org/licenses/bsd-license.php
or when applicable, in the associated License.txt file.
Certain other content may be made available under other licenses as
indicated in or with such Content. (For example, in a License.txt file.)
You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to TianoCore site. Except
for the license granted to Intel hereunder, You reserve all right,
title, and interest in and to Your Contributions.
== SECTION 1: Definitions ==
* "You" or "Contributor" shall mean the copyright owner or legal
entity authorized by the copyright owner that is making a
Contribution hereunder. All other entities that control, are
controlled by, or are under common control with that entity are
considered to be a single Contributor. For the purposes of this
definition, "control" means (i) the power, direct or indirect, to
cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%)
or more of the outstanding shares, or (iii) beneficial ownership
of such entity.
* "Contribution" shall mean any original work of authorship,
including any modifications or additions to an existing work,
that is intentionally submitted by You to the TinaoCore site for
inclusion in, or documentation of, any of the Content. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the
TianoCore site or its representatives, including but not limited
to communication on electronic mailing lists, source code
control systems, and issue tracking systems that are managed by,
or on behalf of, the TianoCore site for the purpose of
discussing and improving the Content, but excluding
communication that is conspicuously marked or otherwise
designated in writing by You as "Not a Contribution."
== SECTION 2: License for Contributions ==
* Contributor hereby agrees that redistribution and use of the
Contribution in source and binary forms, with or without
modification, are permitted provided that the following
conditions are met:
** Redistributions of source code must retain the Contributor's
copyright notice, this list of conditions and the following
disclaimer.
** Redistributions in binary form must reproduce the Contributor's
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Disclaimer. None of the names of Contributor, Intel, or the names
of their respective contributors may be used to endorse or
promote products derived from this software without specific
prior written permission.
* Contributor grants a license (with the right to sublicense) under
claims of Contributor's patents that Contributor can license that
are infringed by the Contribution (as delivered by Contributor) to
make, use, distribute, sell, offer for sale, and import the
Contribution and derivative works thereof solely to the minimum
extent necessary for licensee to exercise the granted copyright
license; this patent license applies solely to those portions of
the Contribution that are unmodified. No hardware per se is
licensed.
* EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3 BELOW, THE
CONTRIBUTION IS PROVIDED BY THE CONTRIBUTOR "AS IS" AND ANY
EXPRESS 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
CONTRIBUTOR 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 THE
CONTRIBUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
== SECTION 3: Representations ==
* You represent that You are legally entitled to grant the above
license. If your employer(s) has rights to intellectual property
that You create that includes Your Contributions, You represent
that You have received permission to make Contributions on behalf
of that employer, that Your employer has waived such rights for
Your Contributions.
* You represent that each of Your Contributions is Your original
creation (see Section 4 for submissions on behalf of others).
You represent that Your Contribution submissions include complete
details of any third-party license or other restriction
(including, but not limited to, related patents and trademarks)
of which You are personally aware and which are associated with
any part of Your Contributions.
== SECTION 4: Third Party Contributions ==
* Should You wish to submit work that is not Your original creation,
You may submit it to TianoCore site separately from any
Contribution, identifying the complete details of its source
and of any license or other restriction (including, but not
limited to, related patents, trademarks, and license agreements)
of which You are personally aware, and conspicuously marking the
work as "Submitted on behalf of a third-party: [named here]".
== SECTION 5: Miscellaneous ==
* Applicable Laws. Any claims arising under or relating to this
Agreement shall be governed by the internal substantive laws of
the State of Delaware or federal courts located in Delaware,
without regard to principles of conflict of laws.
* Language. This Agreement is in the English language only, which
language shall be controlling in all respects, and all versions
of this Agreement in any other language shall be for accommodation
only and shall not be binding. All communications and notices made
or given pursuant to this Agreement, and all documentation and
support to be provided, unless otherwise noted, shall be in the
English language.
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