ESF Software Grant and Corporate Contributor License Agreement, v1.1
In order to clarify the intellectual property license granted with contributions (“Contributions”) from any person or entity, Electric Sheep Fencing LLC (“ESF”), the team behind the pfSense® open source firewall project, must have a Contributor License Agreement (CLA) on file that has been signed by you and each contributor (“You,” “Your” or “Contributor”), indicating agreement to the license terms below. This license is for Your protection as a Contributor as well as the protection of ESF and its users; it does not change Your rights to use Your own contributions for any other purpose.
This version of the Agreement allows an entity (the "Corporation") to submit Contributions to ESF, to authorize Contributions submitted by its designated employees to ESF, and to grant copyright and patent licenses thereto. If You have not already done so, please complete and send an original signed Agreement.
Please read this document carefully before signing and keep a copy for Your records.
You accept and agree to the following terms and conditions for Your present and future Contributions submitted to ESF. Except for the license granted herein to ESF and recipients of the software products owned, managed, distributed, licensed and/or sold by ESF, You reserve all right, title, and interest in and to Your Contributions.
"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with ESF. 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 the code, documentation, ideas, or other original works of authorship expressly identified in Schedule B, as well as any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to ESF for inclusion in, or documentation of, any of the software products owned, managed, distributed, licensed and/or sold by ESF (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to ESF 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, ESF for the purpose of discussing and improving the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to ESF and to recipients of the Work a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to use, advertise, market, sell, offer to sell, import, export, reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and derivative works thereto, including but not limited to combination(s) of Your Contributions with the Work.
3. Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to ESF and to recipients of the Work 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 to in any manner transfer the Work and/or Your Contributions to the Work, however such license is limited to patent rights that are or may be infringed by (a) Your Contribution(s) alone, and/or (b) by combination of Your Contribution(s) with the Work to which such Contribution(s) was/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 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 licenses. You agree to hold harmless, indemnify, and defend ESF from any and all claims and causes of action (including for costs and attorneys’ fees) that may be asserted against ESF and that arise from or are related to Your Contributions, including but not limited to claims or causes of action for infringement of third party rights, the combination of Your Contributions with the Work, etc. You represent further that each employee of the Corporation designated on Schedule A below (or in a subsequent written modification to that Schedule) is authorized to submit Contributions on behalf of the Corporation.
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, trademarks and copyrights) 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.
7. Should You wish to submit work that is not Your original creation, You may submit it to ESF 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, copyrights, 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. It is Your responsibility to notify ESF when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Corporation, or to the Corporation's Point of Contact with ESF.
[Initial list of designated employees. Authorization is not tied to particular Contributions.]
[Identification of optional concurrent software grant. Would be left blank or omitted if there is no concurrent software grant.]
By clicking on “I Agree” and “Next” below, you acknowledge acceptance of the terms and conditions herein.
For details, see https://electricsheepfencing.com/#our-policies
For a printable copy that you can mail in, see https://www.pfsense.org/about-pfsense/index.html#legal
Last updated 04/10/2014