The Microsoft ODBC 4.0 Specification Project welcomes input. By participating in project you agree to the following:
##1.1 Definitions. A. “You” means the individual executing this Agreement.
B. “Entity” means (1) Your principal, sponsor, or employer and (2) its Affiliates (i.e., entities that control, are controlled by, or are under common control with that principal, sponsor, or employer). If Your principal, sponsor, or employer changes, You must secure permission from the new entity and sign a new Agreement before making further Contributions.
C. “Microsoft” means Microsoft Corporation and its affiliates and licensees.
D. “Project” means the following computer architecture, software, specifications, and documentation owned or managed by Microsoft:
- Microsoft ODBC 4.0 Specification, an incremental update to the ODBC Programmers Reference and associated Driver Manager, Installer, configuration utility, header files, samples, SDK, and related components.
E. "Contribution" means any proposal, suggestion, work of authorship, or other verbal submission (including oral contributions if also reduced to writing) made by You or Entity in any form to Microsoft or its representatives regarding a Project, unless conspicuously identified in writing in advance as “Not a Contribution” before or at the time of the communication.
##1.2 Use Rights. Contributions may be used by Microsoft for any purpose relating to the Project to which the Contribution was submitted.
##1.3 Representations. You represent that (1) You are authorized to make this Agreement and legally entitled to grant the licenses on Your own behalf and on behalf of Entity, and (2) except for patents that are subject to the Patent License Grant below, at the time each Contribution is made You will identify to Microsoft in writing any patent that (a) You believe might be infringed by use or implementation of the Contribution or (b) to Your knowledge others have asserted might be infringed by use or implementation of the Contribution.
##1.4 Warranties. You and Entity warrant that You and/or Entity own the copyright in each Contribution or otherwise have sufficient rights under copyright to make each Contribution (in which case You must identify each owner and provide details of any third-party license or other restriction of which You are aware) under the following Copyright License Grant.
##1.5 Copyright License Grant. You and Entity hereby grant to Microsoft a non-exclusive, transferable, worldwide, perpetual, irrevocable, sublicensable, fee- and royalty-free copyright license to disclose, reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Contributions.
##1.6 Patent License Grant. With respect to patent claims owned or licensable by You or Entity that are necessarily infringed by use or implementation of any Contribution, You and Entity hereby grant to Microsoft and implementers of the Project and derivative works thereof a perpetual, irrevocable (except as set forth below), non-exclusive, worldwide, fee- and royalty-free patent license to use, make, have made, offer to sell, sell, distribute, import, and otherwise transfer products and services that use or implement the Contribution; provided, however, that (1) the licensing obligations do not apply if the sublicensing of patents requires that You or Entity pay patent license fees or royalties to an unaffiliated third party, or the patents are subject to an exclusive license, and (2) any patent licenses granted pursuant to this Agreement terminate, as of the date litigation is filed, as to any entity that institutes, joins, or financially supports litigation seeking damages or injunctive relief based on claims that use or implementation of a Contribution, or the Project to which such Contribution was made, constitutes direct, indirect, or contributory patent infringement.
##1.7 Other Rights Reserved. Each party reserves all rights not expressly granted in this Agreement. No rights are granted by implication, exhaustion, estoppel, or otherwise.
##1.8 Updates. You agree to notify Microsoft in writing of any facts or circumstances of which You become aware that would make Your representations in this Agreement inaccurate in any respect.
##1.9 Public Information. You agree that contributions to Projects and information about Contributions may be maintained indefinitely and disclosed publicly, including Your name, Entity’s name, and other information relating to Your Contributions.
##1.10 Entire Agreement/Assignment. This Agreement is the entire agreement between the parties, and supersedes any and all prior agreements, understandings or communications, written or oral, between the parties relating to the subject matter hereof. This Agreement may be assigned by Microsoft.