Thank you for your interest in contributing to OpenMapX (the "Project").
This Contributor License Agreement ("Agreement") sets out the terms under which You contribute to the Project. It protects You, the Project, and everyone who uses the Project by making the licensing of contributions clear and unambiguous.
Why this Agreement exists. OpenMapX is, and is intended to remain, free and open-source software. Most of the Project is published under the GNU Affero General Public License v3.0 or later (AGPL-3.0-or-later), and several reusable libraries are published under the Apache License 2.0. To keep the Project sustainable, the Project maintainer also needs the ability to license the combined work under other terms — for example, to offer a commercial license to organizations that cannot use AGPL-licensed software. This Agreement grants the maintainer the rights needed to do that, without taking ownership of Your work away from You: You keep full ownership of Your Contributions and may use them however else You wish (see Section 5).
By submitting a Contribution to the Project (for example, by opening a pull request), You accept and agree to the following terms for Your present and future Contributions submitted to the Project.
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"You" (or "Your") means the individual who Submits a Contribution to the Project, or the legal entity authorized by that individual. For a legal entity, 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.
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"We", "Us", and "Our" mean the maintainer of the Project, currently Florian Rachmann, acting as steward of the OpenMapX project, and any successor maintainer or legal entity to which stewardship of the Project is transferred.
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"Contribution" means 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 owned or managed by the Project. This includes source code, object code, patches, documentation, configuration, and associated materials.
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"Submit" (or "Submitted") means any form of electronic, verbal, or written communication sent to the Project or its representatives, including but not limited to communication on pull requests, issues, and source-code management systems that are managed by, or on behalf of, the Project, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
Subject to the terms and conditions of this Agreement, You hereby grant to Us and to recipients of software distributed by Us a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable, sublicensable, and transferable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, relicense, and distribute Your Contributions and such derivative works.
This license expressly includes the right for Us to license and distribute Your Contributions, and any work that incorporates them, under any license terms We choose, including without limitation:
- the Project's then-current open-source license(s) (AGPL-3.0-or-later, Apache-2.0, or any successor license the Project adopts);
- any later version of those licenses; and
- separate, commercial, or otherwise proprietary terms, including as part of a dual-licensing or "open-core" offering.
You acknowledge that this right to relicense is essential to the Project's ability to sustain itself, and that We are under no obligation to license the Project, or Your Contributions, under any particular terms.
Subject to the terms and conditions of this Agreement, You hereby grant to Us and to recipients of software distributed by Us 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 Your Contributions, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contributions alone or by combination of Your Contributions with the work to which they were 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 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.
To the fullest extent permitted under applicable law, You waive, and agree not to assert against Us or any recipient of the Project, any "moral rights" in Your Contributions, so that the licenses granted in Sections 2 and 3 may be fully exercised. Where such rights cannot be waived, You agree not to enforce them in a manner that would prevent Us from exercising the rights granted above.
The licenses granted in this Agreement are non-exclusive. You retain all right, title, and interest in and to Your Contributions. Nothing in this Agreement restricts You from using, licensing, or otherwise exploiting Your Contributions for any other purpose, including contributing them to other projects under any terms.
You represent and warrant that:
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You are legally entitled to grant the licenses in this Agreement. If Your employer(s) or any third party has rights to intellectual property that You create that includes Your Contributions, You represent that You have received permission to make Your Contributions on behalf of that party, that that party has waived such rights for Your Contributions to the Project, or that that party has executed a separate corporate agreement with Us.
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Except as disclosed under Section 7, each of Your Contributions is Your original creation.
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Each of Your Contributions does not, to the best of Your knowledge, violate any third party's copyrights, trademarks, patents, or other intellectual property rights.
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]." We may, at Our discretion, decline to accept such work.
You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. 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.
You agree to notify Us of any facts or circumstances of which You become aware that would make the representations in this Agreement inaccurate in any respect.
This Agreement is governed by the laws of Germany, without regard to its conflict-of-laws provisions. This Agreement sets out the entire agreement between You and Us concerning Your Contributions to the Project and supersedes any prior agreement on that subject. If any provision of this Agreement is held to be unenforceable, the remaining provisions remain in full force and effect.
You do not need to sign anything by hand. When You open Your first pull request, an automated assistant will ask You to confirm that You have read and agree to this Agreement by leaving a short comment. Your agreement is then recorded against Your GitHub account and applies to Your future Contributions, so You only confirm once.
Contributing for a company? If You are contributing as part of Your employment, or Your employer otherwise has rights to Your work, please ensure You are authorized to contribute under the terms above before You sign. For contributions by a team or organization, contact the maintainer to arrange a Corporate Contributor License Agreement.