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Progress Software Common Component Specification Project Contributor License Agreement Contributor License Agreement Document Version : 1.1 Contributor License Agreement Document Last Modified : November 4, 2015 CAUTION: YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS CONTRIBUTOR LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND ACKNOWLEDGING YOUR AUTHORITY TO DO SO ON BEHALF OF YOUR COMPANY (IF APPLICABLE). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” BUTTON AND DO NOT SUBMIT ANY CONTRIBUTION. THIS AGREEMENT REPLACES AND SUPERSEDES ANY PRIOR AGREEMENT, PROPOSAL OR COMMUNICATION, ORAL OR WRITTEN, SIGNED OR UNSIGNED, BETWEEN YOU AND PSC WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. You will find a link at the bottom of this document that will allow You to download a redlined comparison copy of the Progress Software Common Component Specification Project Contributor License Agreement, highlighting the differences between the Progress Software Common Component Specification Project Contributor License Agreement Version 1.1 and the version previously agreed by You. This redlined comparison copy is provided solely for Your convenience and will have no binding effect. Thank You for Your interest in the Common Component Specification Project (the “Project’) administered by Progress Software Project (“PSC”). In order to clarify the intellectual property granted with respect to contributions of software and other materials from any person or entity (a "Contributor") to the Project, PSC requires that each Contributor agree to the terms and conditions of this Contributor License Agreement (“Agreement”) to indicate agreement to the terms below. This Agreement is for Your protection as a Contributor of intellectual property to the Project as well as for the protection of PSC and others who might use such intellectual property. This Agreement does not change Your rights to use Your own contributions for any other purpose. Contributor hereby accepts the following terms and conditions: 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meaning ascribed to them, if any, in the Common Component Specification Project Charter Document . 2. Definitions: 2.a. "You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this agreement with PSC. 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. 2.b. "Contribution" shall mean any comments, specifications, ideas or original work of authorship (present and future contributions of object code, source code, documentation and other materials), including any modifications or additions to an existing work, that is intentionally submitted by You to the Project for consideration for inclusion in or documentation of, or actual inclusion in or documentation of, any of the Specifications, software, test suites or other materials managed or maintained by the Project (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Project, 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 for the purpose of discussing and improving the Work." 2.c. "Specification” shall mean a written specification for a set of Progress® OpenEdge® Advanced Business Language (ABL) interfaces and application programming interfaces (APIs) that make up a major subsystem of a Progress® OpenEdge® Reference Architecture (OERA) modernization framework. Specific examples of Specifications may include, but are not limited to, security, session management and logging. 3. License Grant: 3.a. Grant of Copyright License. Subject to the terms and condition of this Agreement, You hereby grant to PSC and the Project, and to recipients of Specifications, software, test suites and any other materials distributed under the Project or shared during the course of the Project whether or not included in a Specification, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, use, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works. 3.b. Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to PSC and the Project, and to recipient of Specifications, software, test suites and any other materials distributed under the Project or shared during the course of the Project whether or not included in a Specification, 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. 3.c. The licenses granted in Sections 3.a. and 3.b. above are effective on the date the Contributor submits (as defined in Section 2.b.) the Contributions to PSC or to the Project. Without limiting the scope of the licenses granted in Section 3.a and 3.b, You acknowledge and agree that PSC and the Project may copy, disclose, distribute and/or share Your Contributions as part of any communications concerning the Specification team process, including the publication of drafts of the Specification for comment, minutes of meetings conducted by the Specification team and any other communications concerning the proposed Specification prior to its finalization, and any recipients of such communications and publications shall be licensees of Your Contributions pursuant to Section 3.a and 3.b above regardless of whether or not Your Contributions are included in the final Specification. 4. You represent that You are legally entitled to grant the license specified in Section 3. 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 Project, or that Your employer has executed a separate Agreement with PSC. 5. You agree that: (i) neither PSC nor any other individual or entity accessing or using Your Contribution shall have any obligation of confidentiality to You or any other third party, and (ii) there will be no limitation of use imposed on PSC or any other individual or entity with respect to Your Contribution (or any ideas, concepts, know-how or techniques related thereto). 6. 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 submission(s) include complete details in a conspicuous manner of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which You are personally aware and which are associated with any part of Your Contribution(s). 7. Should You wish to submit work that is not Your original creation, You may submit it to the Project 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, and license agreements) of which You are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]". Any such submission must be made to the Steering Committee only by sending an e-mail to ccs-st-committee@progress.com . 8. You confirm that, to the best of Your knowledge all required notices are included in any code which You submit. 9. You agree to promptly notify the Steering Committee or Project Lead by sending an e-mail to ccs-st-committee@progress.com of any facts or circumstances of which You become aware and which would make Your representations in this Agreement inaccurate in any respect. 10. Any Contribution incorporated into a Specification is governed by Common Component Specification Release License Agreement which will be updated from time to time. 11. You will not allow anyone other than Yourself to use Your username and password to access the Contribution repository system or related systems (“Repository System”). Should You become aware of any such use, You will notify the Steering Committee or Project Lead immediately by sending an e-mail to ccs-st-commitee@progress.com until such notice, You will be presumed to have taken all actions made through Your Repository System account. The Steering Committee or Project Lead will have complete control and discretion over capabilities assigned to Your account, and may terminate or temporarily disable Your access for any reason at any time. 12. Submission of a Contribution does not guarantee that it will be accepted into the Project source code repository or incorporated into a Specification or into any future release. PSC reserves the right to include, exclude, or modify any Contributions to the Project at its sole discretion. Further, You acknowledge and agree that PSC's right to reject your Contribution shall in no way be construed as an obligation on PSC's part to test or endorse the Contribution. Download comparison against original version
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