===================================================================== | |
== DO NOT PANIC! This is a draft for discussion purposes only. == | |
== It has not yet been approved. It does not yet apply to any == | |
== software distributed by the Apache Software Foundation. == | |
== == | |
== This would be executed when an entity donates an existing == | |
== source code base to the ASF. == | |
==================================+================================== | |
The Apache Software Foundation | |
Software Grant License Agreement | |
http://www.apache.org/licenses/ | |
This License Agreement is entered into as of the ___ day of | |
____________, ______ by ___________________________ ("Licensor"), | |
in favor of The Apache Software Foundation, a Delaware nonstock | |
membership corporation (the "Foundation"), 1901 Munsey Drive, | |
Forest Hill, MD 21050-2747, U.S.A. | |
WHEREAS, Licensor owns or has sufficient rights to contribute the | |
software source code and other related intellectual property as | |
itemized on Exhibit A ("Software") under the terms of this agreement | |
to the Foundation for use within Foundation software development | |
projects ("Projects"). | |
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt | |
and legal sufficiency of which are hereby acknowledged, the parties | |
hereto, intending to be legally bound, agree as follows: | |
1. Subject to the terms and conditions of this License, Licensor | |
hereby grants to the Foundation: | |
(a) a perpetual, non-exclusive, worldwide, fully paid-up, royalty | |
free, irrevocable copyright license to reproduce, prepare | |
derivative works of, publicly display, publicly perform, | |
sublicense, and distribute the Software and such derivative | |
works; and, | |
(b) a perpetual, non-exclusive, worldwide, fully paid-up, royalty | |
free, irrevocable (subject to the conditions in this section) | |
patent license to make, have made, use, offer to sell, sell, | |
import, and otherwise transfer the Software and derivative | |
works thereof, where such license applies only to those patent | |
claims licensable by Licensor that are necessarily infringed | |
by the Software alone. | |
Licensor's patent grant above shall terminate with respect to any | |
party that institutes patent litigation against the Licensor | |
(including a cross-claim or counterclaim in a lawsuit) alleging | |
that the Software constitutes direct or contributory patent | |
infringement, as of the date such litigation is filed. | |
2. Licensor represents that, to Licensor's knowledge, Licensor is | |
legally entitled to grant the above license. Licensor agrees to | |
notify the Foundation of any facts or circumstances of which | |
Licensor becomes aware and which makes or would make Licensor's | |
representations in this License Agreement inaccurate in any respect. | |
3. Disclaimer of Warranty. This Software is provided on an "AS-IS" | |
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either | |
express or implied, including, without limitation, any warranties | |
or conditions of NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR | |
A PARTICULAR PURPOSE. | |
4. Limitation of Liability. Under no circumstances and under no legal | |
theory, whether in tort (including negligence), contract, or | |
otherwise, shall the Licensor be liable to any person for any | |
direct, indirect, special, incidental, or consequential damages of | |
any character arising as a result of this License or the use of | |
the Software including, without limitation, damages for loss of | |
goodwill, work stoppage, computer failure or malfunction, or any | |
and all other commercial damages or losses. This limitation of | |
liability shall not apply to liability for death or personal | |
injury resulting from Licensor's negligence to the extent | |
applicable law prohibits such limitation. | |
This License Agreement is the entire agreement of the parties | |
with respect to its subject matter, and may only be amended by a | |
writing signed by each party. This License Agreement may be | |
executed in one or more counterparts, each of which shall be | |
considered an original. | |
IN WITNESS WHEREOF, Licensor has executed this License Agreement | |
as of the date first written above. | |
LICENSOR: | |
Signed By: ____________________________________________ | |
Print Name: ____________________________________________ | |
Title: ____________________________________________ | |
Representing: ____________________________________________ | |
____________________________________________ | |
____________________________________________ | |
Exhibit A | |
List of software and other intellectual property covered by this | |
agreement: |