Thank you for your interest in contributing to BackWave, a project of DeVito Digital Solutions LLC ("Licensor," "we," or "us"). This Contributor License Agreement (this "Agreement") sets out the terms under which you contribute to BackWave. It exists because BackWave is offered under more than one license (a free source-available license and a commercial license), and code moves between those tiers; we need clear, broad rights in every contribution so we can license it under either tier.
This Agreement applies to any contribution you submit to us, in any form, for any BackWave project. You sign it once; it covers all of your future contributions unless and until you notify us in writing that you wish to stop. If you are contributing on behalf of an entity, "You" means that entity, and the person accepting this Agreement represents that they are authorized to bind it.
- "Contribution" means any original work of authorship, including any modifications or additions to existing work, that you intentionally submit to us for inclusion in, or documentation of, any BackWave project. "Submit" means any form of electronic, verbal, or written communication sent to us or our representatives, including on source-code repositories, issue trackers, and mailing lists, but excludes communication that you conspicuously mark or otherwise designate in writing as "Not a Contribution."
You hereby grant to Licensor, and to recipients of software distributed by Licensor, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute your Contribution and such derivative works, under any license terms, including proprietary and commercial licenses, and to relicense the Contribution as part of BackWave under any current or future BackWave license.
You hereby grant to Licensor, and to recipients of software distributed by Licensor, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer your Contribution, where such license applies only to those patent claims licensable by you that are necessarily infringed by your Contribution alone or by combination of your Contribution with the project to which it was submitted. If any entity institutes patent litigation against you or any other entity alleging that your Contribution, or the project it was submitted to, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution terminate as of the date such litigation is filed.
You represent that:
- Each of your Contributions is your original creation, and you are legally entitled to grant the licenses above.
- If your employer has rights to intellectual property that you create, you have received permission to make the Contribution on behalf of that employer, that your employer has waived such rights for the Contribution, or that your employer has executed a separate agreement with us.
- Your Contribution does not, to your knowledge, violate any third party's copyrights, trademarks, patents, or other intellectual property rights.
- You will notify us of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.
If your Contribution includes or is based on any work that is not your original creation, you will identify it, including its source and any license or other restriction of which you are personally aware, and conspicuously mark it as submitted under those terms (for example, in a "Not a Contribution" notice).
You understand that the decision to include your Contribution in any project or source repository is entirely ours, and this Agreement does not obligate us to use your Contribution. You are not expected to provide support for your Contribution, and you provide it "as is," without warranties of any kind, express or implied, to the maximum extent permitted by law.
To the fullest extent permitted by applicable law, you waive, and agree not to assert, any moral rights in your Contribution against Licensor or its licensees. Where such rights cannot be waived, you agree not to enforce them in a way that would frustrate the licenses granted above.
This Agreement is governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules.
By submitting a Contribution to a BackWave project after accepting this Agreement, you agree to the terms above.
How to sign: we will provide the current signing method when we invite your contribution. If you have questions, contact team@backwave.app.