Massachusetts Open Cloud (MOC) U.S. Government Contributor License Agreement
Based on OpenStack Corporation U.S. Government Contributor License Agreement
In order to clarify the intellectual property license granted with Contributions from any person or entity, the Massachusetts Open Cloud Project (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 Boston University as Project Manager (the “Project Manager”) and the Project users; it does not change your rights to use your own Contributions for any other purpose.
You should use this form of CLA only if you are managing contributions by United States Government personnel acting in their official capacity. This form of CLA allows a U.S. Government entity (the “Organization”) to submit public domain Contributions to the Project Manager, to authorize Contributions submitted by its designated employees to the Project Manager, and to grant intellectual property licenses thereto. In most other cases, the MOC Corporate CLA is the right document to use. If you have not already done so and if you are managing contributions from a U.S. Government entity, please complete and sign this Government Contributor License Agreement by following the instructions embedded below. After you fill in the required information, and apply your digital signature to the Agreement, the signature service will generate an email to you. You must confirm your digital signature as instructed in this email to complete the signing process. The signature service will then send you a signed copy of this Agreement for your records.
You accept and agree to the following terms and conditions for Your present and future
Contributions submitted to the Project Manager. Except for the license granted herein to the Project Manager and recipients of software distributed by the Project Manager, You reserve all right, title, and interest in and to Your Contributions, to the extent that such rights are recognized under law.
- Definitions. “You” (or “Your”) shall mean the Organization that is making this Agreement with the Project Manager.
- “Contribution” shall mean the code, documentation 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 the Project Manager for inclusion in, or documentation of, any of the products owned or managed by the Project Manager (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Project Manager 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 Manager 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.”
- “Public Domain Work” shall mean any work prepared by an officer or employee of the U.S. Government as part of that person’s official duties and designated as not eligible for domestic copyright protection under 35 U.S.C. Section 105.
- Declaration of Public Domain Work. You hereby declare to the Project Manager and to all recipients of software distributed by the Project Manager that all of Your Contribution is a Public Domain Work as defined in this document. The Project Manager and all recipients of software distributed by the Project Manager have the explicit right to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute Your Contributions and such derivative works.
- Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to the Project Manager and to recipients of software distributed by the Project Manager 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) 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.
You represent that You are legally entitled to grant the above license. You represent further that each employee of the Organization designated on Schedule A below (or in a subsequent written modification to that Schedule) is authorized to submit Contributions on behalf of the Organization.You represent that each of Your Contributions is Your original creation.
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.
It is your responsibility to notify the Project Manager when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Organization, or to the Organization’s Point of Contact with the Project Manager.
In the event, and to the extent that any portion of Your Contribution is not a Public Domain Work, such as any portion of Your Contribution subject to copyright protection outside of the United States, You hereby grant to the Project Manager and to recipients of software distributed by the Project Manager 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.