Contributor License Agreement
This Agreement is made in the Russian and English languages. The English text of Agreement is for informational purposes only and is not binding for the Parties.
In the event of a conflict between the provisions of the Russian and English versions of this Agreement, the Russian version shall prevail.
Russian version is published at https://git.yourcmc.ru/vitalif/vitastor/src/branch/master/CLA-ru.md
This document represents the offer of Filippov Vitaliy Vladimirovich ("Author"), author and copyright holder of Vitastor software ("Program"), acknowledged by a certificate of Federal Service for Intellectual Property of Russian Federation (Rospatent) # 2021617829 dated 20 May 2021, to "Contributors" to conclude this license agreement as follows ("Agreement" or "Offer").
In accordance with Art. 435, Art. 438 of the Civil Code of the Russian Federation, this Agreement is an offer and in case of acceptance of the offer, an agreement is considered concluded on the conditions specified in the offer.
1.1. "Official Repository" shall mean the computer storage, operated by the Author, containing all prior and future versions of the Source Code of the Program, at Internet addresses https://git.yourcmc.ru/vitalif/vitastor/ or https://github.com/vitalif/vitastor/.
1.2. "Contributions" shall mean results of intellectual activity (including, but not limited to, source code, libraries, components, texts, documentation) which can be software or elements of the software and which are provided by Contributors to the Author for inclusion in the Program.
1.3. "Contributor" shall mean a person who provides Contributions to the Author and agrees with all provisions of this Agreement. A Сontributor can be: 1) an individual; or 2) a legal entity or an individual entrepreneur in case when an individual provides Contributions on behalf of third parties, including on behalf of his employer.
Subject of the Agreement.
2.1. Subject of the Agreement shall be the Contributions sent to the Author by Contributors.
2.2. The Contributor grants to the Author the right to use Contributions at his own discretion and without any necessity to get a prior approval from Contributor or any other third party in any way, under a simple (non-exclusive), royalty-free, irrevocable license throughout the world by all means not contrary to law, in whole or as a part of the Program, or other open-source or closed-source computer programs, products or services (hereinafter -- the "License"), including, but not limited to:
2.2.1. to execute Contributions and use them for any tasks;
2.2.2. to publish and distribute Contributions in modified or unmodified form and/or to rent them;
2.2.3. to modify Contributions, add comments, illustrations or any explanations to Contributions while using them;
2.2.4. to create other results of intellectual activity based on Contributions, including derivative works and composite works;
2.2.5. to translate Contributions into other languages, including other programming languages;
2.2.6. to carry out rental and public display of Contributions;
2.2.7. to use Contributions under the trade name and/or any trademark or any other label, or without it, as the Author thinks fit;
2.3. The Contributor grants to the Author the right to sublicense any of the aforementioned rights to third parties on any terms at the Author's discretion.
2.4. The License is provided for the entire duration of Contributor's exclusive intellectual property rights to the Contributions.
2.5. The Contributor grants to the Author the right to decide how and where to mention, or to not mention at all, the fact of his authorship, name, nickname and/or company details when including Contributions into the Program or in any other computer programs, products or services.
Acceptance of the Offer
3.1. The Contributor may provide Contributions to the Author in the form of a "Pull Request" in an Official Repository of the Program or by any other electronic means of communication, including, but not limited to, E-mail or messenger applications.
3.2. The acceptance of the Offer shall be the fact of provision of Contributions to the Author by the Contributor by any means with the following remark: “I accept Vitastor CLA agreement: https://git.yourcmc.ru/vitalif/vitastor/src/branch/master/CLA-en.md” or “Я принимаю соглашение Vitastor CLA: https://git.yourcmc.ru/vitalif/vitastor/src/branch/master/CLA-ru.md”.
3.3. Date of acceptance of the Offer shall be the date of such provision.
Rights and obligations of the parties.
4.1. The Contributor reserves the right to use Contributions by any lawful means not contrary to this Agreement.
4.2. The Author has the right to refuse to include Contributions into the Program at any moment with no explanation to the Contributor.
Representations and Warranties.
5.1. The person providing Contributions for the purpose of their inclusion in the Program represents and warrants that he is the Contributor or legally acts on the Contributor's behalf. Name or company details of the Contributor shall be provided with the Contribution at the moment of their provision to the Author.
5.2. The Contributor represents and warrants that he legally owns exclusive intellectual property rights to the Contributions.
5.3. The Contributor represents and warrants that any further use of Contributions by the Author as provided by Contributor under the terms of the Agreement does not infringe on intellectual and other rights and legitimate interests of third parties.
5.4. The Contributor represents and warrants that he has all rights and legal capacity needed to accept this Offer;
5.5. The Contributor represents and warrants that Contributions don't contain malware or any information considered illegal under the law of Russian Federation.
Termination of the Agreement
6.1. The Agreement may be terminated at will of both Author and Contributor, formalised in the written form or if the Agreement is terminated on reasons prescribed by the law of Russian Federation.
7.1. The Contributor may optionally sign the Agreement in the written form.
7.2. The Agreement is deemed to become effective from the Date of signing of the Agreement and until the expiration of Contributor's exclusive intellectual property rights to the Contributions.
7.3. The Author may unilaterally alter the Agreement without informing Contributors. The new version of the document shall come into effect 3 (three) days after being published in the Official Repository of the Program at Internet address https://git.yourcmc.ru/vitalif/vitastor/src/branch/master/CLA-en.md. Contributors should keep informed about the actual version of the Agreement themselves.
7.4. If the Author and the Contributor fail to agree on disputable issues, disputes shall be referred to the Moscow Arbitration court.