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Comparison between the Apache Software Foundation Individual Contributor License Agreement 2.0, Copyright © 2010 The Apache Software Foundation and the proposed OSLC Contributor License Agreement

Note: This Agreement was derived and modified from the Apache Software Foundation Individual Contributor License Agreement 2.0, Copyright © 2010 The Apache Software Foundation, obtained at http://www.apache.org/licenses/ under Apache License 2.0. A copy of the Apache License 2.0 is available at http://www.apache.org/licenses/LICENSE-2.0. The proposed OSLC Open Source Project CLA remains unchanged from the Apache CLA except in two categories:
  1. In the Apache CLA, Contributors license both recipients of the software in the project AND the Apache Software Foundation. In the OSLC CLA, Contributors license only the recipients of the software in the project.
  2. The OSLC CLA was updated to remove other references to the Apache Software Foundation, mostly related to administrative processes in handling the CLA documents or issues.

Open Services for Lifecycle Collaboration Open Source Project
Contributor License Agreement ("Agreement")
The Apache Software Foundation
     Individual Contributor License Agreement ("Agreement") V2.0
                   http://www.apache.org/licenses/
Thank you for your interest in the OSLC Open Source Project (the "Project"). In order to clarify the intellectual property license granted with Contributions from any person or entity, the Project must have a Contributor License Agreement ("CLA") on file that has been signed by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of the Project and its users; it does not change your rights to use your own Contributions for any other purpose.
Thank you for your interest in The Apache Software Foundation (the
"Foundation"). In order to clarify the intellectual property license
granted with Contributions from any person or entity, the Foundation
must have a Contributor License Agreement ("CLA") on file that has
been signed by each Contributor, indicating agreement to the license
terms below. This license is for your protection as a Contributor as
well as the protection of the Foundation and its users; it does not
change your rights to use your own Contributions for any other purpose.
If you have not already done so, please complete and sign, then [Need to work out executed CLA submission process/mechanism and indicate here] Please read this document carefully before signing and keep a copy for your records.

Full name: ______________________________________________

Mailing Address: ________________________________________

_________________________________________________________

Country: ______________________________________________

Telephone: ______________________________________________

Facsimile: ______________________________________________

E-Mail: ______________________________________________

If you have not already done so, please complete and sign, then scan
and email a pdf file of this Agreement to secretary@apache.org.
Alternatively, you may send it by facsimile to the Foundation at
+1-919-573-9199. If necessary, send an original signed Agreement to
The Apache Software Foundation, Dept. 9660, Los Angeles,
CA 90084-9660, U.S.A. Please read this document carefully before
signing and keep a copy for your records.

  Full name: ______________________________________________________

  Mailing Address: ________________________________________________

  _________________________________________________________________

  Country:   ______________________________________________________

  Telephone: ______________________________________________________

  Facsimile: ______________________________________________________

  E-Mail:    ______________________________________________________
  
You accept and agree to the following terms and conditions for Your present and future Contributions submitted to the Project. Except for the license granted herein to recipients of software distributed by the Project, You reserve all of the right, title, and interest in and to Your Contributions.
You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to the Foundation. In
return, the Foundation shall not use Your Contributions in a way that
is contrary to the public benefit or inconsistent with its nonprofit
status and bylaws in effect at the time of the Contribution. Except
for the license granted herein to the Foundation and recipients of
software distributed by the Foundation, You reserve all right, title,
and interest in and to Your Contributions.
1. Definitions.

"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement. For legal entities, the entity making a Contribution and 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 Project for inclusion in, or documentation of, any of the products managed by the Project (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Project 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 Project for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."

1. Definitions.

   "You" (or "Your") shall mean the copyright owner or legal entity
   authorized by the copyright owner that is making this Agreement
   with the Foundation. For legal entities, the entity making a
   Contribution and 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 Foundation for inclusion
   in, or documentation of, any of the products owned or managed by
   the Foundation (the "Work"). For the purposes of this definition,
   "submitted" means any form of electronic, verbal, or written
   communication sent to the Foundation 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 Foundation for the purpose of
   discussing and improving the Work, but excluding communication that
   is conspicuously marked or otherwise designated in writing by You
   as "Not a Contribution."
2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to recipients of software distributed by the Project a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.
2. Grant of Copyright License. Subject to the terms and conditions of
   this Agreement, You hereby grant to the Foundation and to
   recipients of software distributed by the Foundation a perpetual,
   worldwide, non-exclusive, no-charge, royalty-free, irrevocable
   copyright license to reproduce, prepare derivative works of,
   publicly display, publicly perform, sublicense, and distribute Your
   Contributions and such derivative works.
3. Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to recipients of software distributed by the Project a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to which such Contribution(s) was submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.
3. Grant of Patent License. Subject to the terms and conditions of
   this Agreement, You hereby grant to the Foundation and to
   recipients of software distributed by the Foundation a perpetual,
   worldwide, non-exclusive, no-charge, royalty-free, irrevocable
   (except as stated in this section) patent license to make, have
   made, use, offer to sell, sell, import, and otherwise transfer the
   Work, where such license applies only to those patent claims
   licensable by You that are necessarily infringed by Your
   Contribution(s) alone or by combination of Your Contribution(s)
   with the Work to which such Contribution(s) was submitted. If any
   entity institutes patent litigation against You or any other entity
   (including a cross-claim or counterclaim in a lawsuit) alleging
   that your Contribution, or the Work to which you have contributed,
   constitutes direct or contributory patent infringement, then any
   patent licenses granted to that entity under this Agreement for
   that Contribution or Work shall terminate as of the date such
   litigation is filed.
4. 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 to the Project, or that your employer has executed a separate CLA for Your Contributions to the Project.
4. 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 to the Foundation, or that your employer has
   executed a separate Corporate CLA with the Foundation.
5. You represent that each of Your Contributions is Your original creation (see section 7 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.
5. You represent that each of Your Contributions is Your original
   creation (see section 7 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.
6. You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON- INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
6. You are not expected to provide support for Your Contributions,
   except to the extent You desire to provide support. You may provide
   support for free, for a fee, or not at all. Unless required by
   applicable law or agreed to in writing, You provide Your
   Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
   OF ANY KIND, either express or implied, including, without
   limitation, any warranties or conditions of TITLE, NON-
   INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
7. Should You wish to submit work that is not Your original creation, You may submit it to the Project 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]".
7. Should You wish to submit work that is not Your original creation,
   You may submit it to the Foundation 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]".
8. You agree to notify a representative of the Project [consider adding more specifics once the structure and processes of the Project have been defined] of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.

Please sign: __________________________ Date: ________

8. You agree to notify the Foundation of any facts or circumstances of
   which you become aware that would make these representations
   inaccurate in any respect.


Please sign: __________________________________ Date: ________________

-- OlivierBerger - 17 Nov 2010

Topic revision: r4 - 30 Nov 2010 - 18:10:56 - ScottBosworth
 
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