SPEC Kit 340: Open Source Software  · 79
THE APACHE SOFTWARE FOUNDATION
Individual Contributor License Agreement (“Agreement”) V2.0
http://www.apache.org/licenses/icla.txt
http://www.apache.org/licenses/icla.txt[6/26/14 11:28:39 AM]
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,
including any modifications or additions to an existing work, that
is intentionally submitted by You to the Foundation for inclusion
in, or documentation of, any of the products owned or managed by
the Foundation (the "Work"). For the purposes of this definition,
"submitted" means any form of electronic, verbal, or written
communication sent to the Foundation 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 Foundation 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. Grant of Copyright License. Subject to the terms and conditions of
this Agreement, You hereby grant to the Foundation and to
recipients of software distributed by the Foundation 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.
3. Grant of Patent License. Subject to the terms and conditions of
this Agreement, You hereby grant to the Foundation and to
recipients of software distributed by the Foundation 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.
4. 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 the Foundation, or that your employer has
executed a separate Corporate CLA with the Foundation.
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