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== 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: