ESF Individual 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 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; it does not change Your rights to use Your own Contributions for any other purpose.
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, 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. 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 ESF, or that Your employer has executed a separate Corporate CLA with ESF.
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. You agree to notify ESF of any facts or circumstances of which You become aware that would make these representations inaccurate in any respect.
For details, see http://electricsheepfencing.com/#our-policies.
Last updated: _10/14/2014_________.