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This Contributor License Agreement from and between Merlinux GmbH, with office at Reichgrafen Str. 20, 79102 Freiburg, and the contributor is a modified version of the Open Whisper Systems Contributor License agreement.
In order to clarify the intellectual property license granted with Contributions from any person to us (Merlinux GmbH), we must have a Contributor License Agreement 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 Merlinux; it does not change your rights to use your own Contributions for any other purpose.
# Contributor License Agreement 1. Definitions. “You” (or “Your”) shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Merlinux GmbH. 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 or invention, including any modifications or additions to an existing work, that is intentionally submitted by You to Merlinux for inclusion in, or documentation of, any of the products owned or managed by Merlinux (the “Work”). For the purposes of this definition, “Submitted” means any form of electronic, verbal, or written communication sent to Merlinux 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, Merlinux 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. Submission. Before making a submission in any form to the project you must afree to the terms of this Agreement. The given Agreement covers any and all of your future or actual submissions. 3. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to Merlinux and to recipients of software distributed by Merlinux a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute Your Contributions and such derivative works, as well as the right to sublicense and have sublicensed all of the foregoing rights, through multiple tiers of sublicensees. 4. Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to Merlinux and to recipients of software distributed by Merlinux 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. 5. Entitled to Grant License. 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 Merlinux, or that your employer has executed with Merlinux a separate contributor license agreement substantially similar to this Agreement. 6. Originla Creation. 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. 7. Support. You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. 8. Third-party materials. Should You wish to submit work that is not Your original creation, You may submit it to Merlinux 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 “Not a Contribution”. Third-party materials licensed pursuant to: [license name(s) here]” (substituting the bracketed text with the appropriate license name(s)). 9. Notifications. You agree to notify Merlinux of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.