183 lines
8.5 KiB
Markdown
183 lines
8.5 KiB
Markdown
# Gardomatic Contributor License Agreement
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Version 1.0, 10 September 2026
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Thank you for your interest in contributing to Gardomatic. This Contributor
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License Agreement (the "Agreement") documents the rights granted by contributors
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to Alexander Klein ("We", "Us", or the "Project Owner"). It is based on the
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Harmony Contributor License Agreement Template, Version 1.0.
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This is a legally binding agreement. Please read it carefully before submitting a
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Contribution.
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## How to accept this Agreement
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For an individual Contribution, You accept this Agreement by submitting a pull
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request and checking the CLA acceptance box included in the pull request template.
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The pull request and its history provide the electronic record of acceptance.
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If You contribute on behalf of a Legal Entity, or if Your employer owns or may own
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rights in the Contribution, an authorized representative must contact
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alex@kleiax.de before the Contribution can be accepted. We may request a separately
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signed entity agreement.
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Do not include a home address, identification document, or other unnecessary
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personal information in a public pull request.
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## 1. Definitions
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"You" means the individual who Submits a Contribution to Us. When a Contribution
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is made on behalf of a Legal Entity, "You" also means that Legal Entity and its
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Affiliates where the context requires it.
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"Legal Entity" means an entity that is not a natural person. "Affiliates" means
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other Legal Entities that control, are controlled by, or are under common control
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with that Legal Entity. "Control" means (i) the direct or indirect power to direct
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the management of an entity, whether by contract or otherwise, (ii) ownership of
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fifty percent or more of the securities entitled to elect its management, or (iii)
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beneficial ownership of the entity.
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"Contribution" means any work of authorship that is Submitted by You to Us and in
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which You own or assert ownership of the Copyright.
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"Copyright" means all rights protecting works of authorship owned or controlled by
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You or Your Affiliates, including copyright, moral, and neighboring rights, for
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their full term and any extensions.
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"Material" means Gardomatic and its associated source code, documentation, media,
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and other materials made available by Us to third parties. After You Submit a
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Contribution, it may be included in the Material.
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"Submit" means any electronic, verbal, or written communication sent to Us or our
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representatives through systems managed by or on behalf of Us for discussing or
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improving the Material. This includes pull requests, commits, patches, issue
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trackers, and code review comments. Communications conspicuously marked "Not a
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Contribution" are excluded.
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"Submission Date" means the date on which You Submit a Contribution to Us.
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"Effective Date" means the date You accept this Agreement or the date You first
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Submit a Contribution to Us, whichever is earlier.
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## 2. Grant of Rights
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### 2.1 Copyright License
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You retain ownership of the Copyright in Your Contribution and keep the same rights
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to use or license the Contribution that You would have had without entering into
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this Agreement.
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To the maximum extent permitted by applicable law, You grant to Us a perpetual,
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worldwide, non-exclusive, transferable, royalty-free, and irrevocable license under
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the Copyright covering the Contribution. This license includes the right to
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sublicense through multiple tiers of sublicensees and to reproduce, modify,
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prepare derivative works of, display, perform, distribute, and otherwise use the
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Contribution as part of the Material, subject to Section 2.3.
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### 2.2 Patent License
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For patent claims, including method, process, and apparatus claims, that You or Your
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Affiliates own, control, or have the right to grant now or in the future, You grant
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to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, and
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irrevocable patent license, with the right to sublicense through multiple tiers of
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sublicensees, to make, have made, use, sell, offer for sale, import, and otherwise
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transfer the Contribution and the Contribution in combination with the Material.
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This patent license is granted only to the extent that exercising the rights in the
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Contribution would infringe those patent claims and is subject to Section 2.3.
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### 2.3 Outbound License
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If We include Your Contribution in the Material, We may license the Contribution
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under any license, including copyleft, permissive, commercial, or proprietary
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licenses.
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As a condition of exercising this right, We will also make the Contribution
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available under the license or licenses that apply to the Material on the
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Submission Date. At the time this Agreement was published, that license is the
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PolyForm Noncommercial License 1.0.0.
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### 2.4 Moral Rights
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If moral rights apply to the Contribution, to the maximum extent permitted by law,
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You waive and agree not to assert those rights against Us, our successors in
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interest, or our direct or indirect licensees in connection with exercising the
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rights granted by this Agreement.
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### 2.5 Our Rights
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We are not obligated to use, merge, publish, or continue to distribute any
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Contribution.
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### 2.6 Reservation of Rights
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Any rights not expressly licensed under this Section 2 are reserved by You.
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## 3. Your Confirmations
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You confirm that:
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1. You have the legal authority to enter into this Agreement.
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2. You or Your Affiliates own the Copyright and patent claims covering the
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Contribution that are required to grant the rights in Section 2.
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3. The rights granted under Section 2 do not violate rights previously granted to
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third parties, including Your employer.
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4. If You are an employee and Your employer owns or may own rights in the
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Contribution, You have obtained its written approval or an authorized
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representative has entered into an entity agreement with Us.
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5. You have clearly identified any part of the Contribution that You did not author
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and have provided its source and applicable license. You will not Submit
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third-party material unless its license permits the Contribution and the rights
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granted by this Agreement.
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6. If You are under eighteen years old, Your parent or legal guardian has approved
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Your acceptance of this Agreement.
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## 4. Disclaimer
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EXCEPT FOR THE EXPRESS CONFIRMATIONS IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS
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IS". TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU DISCLAIM ALL EXPRESS OR IMPLIED
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WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE, AND NON-INFRINGEMENT. IF A WARRANTY CANNOT BE DISCLAIMED, IT IS LIMITED TO
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THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.
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## 5. Consequential Damage Waiver
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE WILL BE LIABLE
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TO THE OTHER UNDER THIS AGREEMENT FOR LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS,
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LOSS OF DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
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DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.
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## 6. Miscellaneous
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1. This Agreement is governed by the laws of the Federal Republic of Germany,
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excluding its conflict-of-law rules and the United Nations Convention on
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Contracts for the International Sale of Goods.
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2. This Agreement is the entire agreement between You and Us concerning Your
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Contributions and replaces prior agreements or understandings about those
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Contributions.
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3. If You or We transfer rights or obligations received under this Agreement to a
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third party, that third party must agree in writing to comply with the relevant
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rights and obligations of this Agreement.
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4. A failure to require performance of a provision once does not waive the right to
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require it later.
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5. If a provision is found invalid or unenforceable, it will be replaced to the
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extent possible by an enforceable provision that most closely reflects its
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purpose. The remaining provisions continue in effect.
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6. We may publish a new version of this Agreement for future Contributions. A new
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version does not retroactively change the terms governing Contributions already
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Submitted under an earlier version.
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## Template attribution
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This Agreement is adapted from the Harmony Contributor Agreement Template,
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Version 1.0, published by Harmony Agreements under the Creative Commons Attribution
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3.0 Unported License:
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<https://www.harmonyagreements.org/docs/ha-combined-v1>
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The template has been customized for Gardomatic by selecting a contributor license
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(not a copyright assignment), selecting Harmony outbound license Option Five,
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naming the parties and project, defining electronic acceptance, choosing German
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law, and removing unused template alternatives and placeholders. Harmony
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Agreements does not endorse this adaptation.
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