[bacula/docs] / docs / techlogs / FLA-Kern-v5.tex

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%% Fiduciary License Agreement (Copyright Assignment)
%%
%% Language: English
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\begin{center}
{\LARGE\bf Fiduciary License Agreement}\\
(Version 5.0)
\end{center}

%}}}

\begin{center}
{\Large\bf Preamble}
\end{center}
 
The purpose of this Agreement is to ensure the lasting protection of Bacula
by making Kern Sibbald the fiduciary of the author's (Contributor's)
interests.  It empowers Kern Sibbald (hereafter referred to as "Kern") --
to uphold the interests of contributing authors and protect them in court,
if necessary.\\

Kern is given the right to relicense the software as necessary for the
long-term legal maintainability and protection of the software. The
agreement also grants the author (Contributor) an unlimited amount of non-exclusive
licenses by Kern, which allow using and distributing the submitted code in
other projects and under other licenses. \\

The contracting parties sign the following agreement in full consciousness
that by the grant of License (definition below) to Kern Sibbald and by the
administration of these rights the Kern becomes trustee of the author's
interests for the benefit of Bacula and allows Kern to use and distribute
the program in other projects and under other licenses.  \\

\pagebreak
\begin{center}
{\Large\bf Agreement}
\end{center}

Between 
{\bf (please cross out unsuitable alternatives)}\\
\begin{itemize}
\item the author
\begin{alltt}
_______________________________________________ (Name)

_______________________________________________ (Occupation, Date of Birth)

_______________________________________________ (Street)

_______________________________________________ (ZIP, City, Country)

_______________________________________________ (Pseudonym, Email)
\end{alltt}
\item the owner of the license,
\begin{alltt}
_______________________________________________ (Company or name)

_______________________________________________ (HQ or addr.)

_______________________________________________ (managing director)
\end{alltt}
\begin{itemize}
\item acquired by virtue of a contract date as of
\item contracting party:
\item acquired as employer in the context of a work and service
  relationship
\end{itemize}
\end{itemize}
\begin{flushright}
- herein referred to as "Contributor" --
\end{flushright}

and 
\begin{alltt}
    Kern Sibbald
    Cotes-de-Montmoiret 9
    1012 Lausanne
    Switzerland
\end{alltt}
\begin{flushright}
- hereinafter referred to as "Kern" --
\end{flushright}
the following agreement is entered into:\\

\section{Grant}
\A In the event that the author or owner of the contributed code has
already signed an exclusive license to another entity or person, each use
of the term ``License'' shall mean ``non-exclusive license'' everywhere
within this agreement, otherwise the term ``License'' shall mean
``exclusive license''.

\A Subject to the provision of {\S}~2, Contributor assigns to Kern the
Copyright in computer programs and other copyrightable material
world-wide, or in countries where such an assignment is not
possible,\footnote{Countries where assignments of the copyright in a
work are impossible include, but are not limited to, Germany, Austria,
Slovenia and Hungary.} grants a License, including, inter
alia:

\begin{enumerate}
\item the right to reproduce in original or modified form;
\item the right to redistribute in original or modified form;
\item the right of making available in data networks, in particular
  via the Internet, as well as by providing downloads, in original or
  modified form;
\item the right to authorize third parties to make derivative works of
  the Software, or to work on and commit changes or perform this
  conduct themselves;
\item the right to use, reproduce, redistribute and
  make derivative works of the Sortware under other licenses.
\end{enumerate}
\A Contributor's moral or personal rights remain unaffected by this
Agreement.\\ 
\A In some countries, the law may provide that the employer is deemed
to be the owner of the rights on materials developed by an employee in
the course of his or her employment, unless the parties have agreed
otherwise. Contributor is aware of these provisions, and therefore
warrants, represents and guarantees that the Subject Matter is free of
any of his or her employer's License exploitation rights.

\section{Subject Matter}

The rights and licenses granted in {\S}~1 are subject to all
``Software'' and ``Documentation''.
For the purpose of this Agreement,
``Software'' shall mean all computer programs, copyrightable sections
of computer programs or modifications of computer programs that have
been developed or programmed by Contributor that are specified in
this Agreement below or that are listed in Exhibit A attached to this
Agreement and dated and signed by the contracting parties. Likewise,
``Documentation'' shall refer to all manuals and documentation written
by Contributor alongside and usually distributed with the ``Software''
that are similarly specified below or listed in Exhibit A:
\begin{alltt}

All code and documentation contributed by Contributor to
the bacula.org project.

\end{alltt}
Except in countries where such an assignment is not
possible,\footnote{Countries where assignments of the copyright in a
future work are impossible include, but are not limited to, France.}
the rights [and licenses] granted under this agreement by Contributor
shall also include future developments, future corrections of errors
or faults and other future modifications and derivative works of the
software that Contributor obtains copyright ownership.  Excluded from
this provision are modifications that are not derived from the subject
matter and that have to be regarded as independent and original
software. 

\section{Kern's Rights and \\Re-Transfer of Non-Exclusive license}
\A Kern shall exercise the granted rights and Licenses in his
own name. Furthermore, Kern shall be authorized to enjoin third
parties from using the software and forbid any unlawful or copyright
infringing use of the Software, and shall be entitled to enforce all
its rights in its own name in and out of court. Kern shall also
be authorized to permit third parties to exercise Kern's rights
in and out of court.\\ 

\A Kern grants to Contributor a non-exclusive, worldwide, perpetual and
unrestricted license in the contributions Contributor has made to the
Bacula project.  This right's [and license's] scope shall encompass and
include all the rights [and licenses] specified in {\S}~1.  Furthermore,
Kern grants to Contributor additional non-exclusive, transferable license
to use, reproduce, redistribute and make available his or her contributions
to the Bacula project as needed for releases of the code he or she
contributed under other licenses.  This re-transfer shall not limit the
scope of Kern's License in the Software and Kern's rights pursuant to
{\S}~1.\\

\A The transfer of the rights and licenses specified in {\S}~1 shall
be unrestricted in territory and thus shall apply world-wide and be
temporally unlimited.

\section{Miscellaneous}
\A Regarding the succession of rights in this contractual relationship,
Swiss law shall apply, unless this Agreement imposes deviating regulations.
In case of the Kern's death, the assignment of exclusive or non-exclusive
rights to Kern shall continue with his heirs.  In case of more than one
heir, all heirs must exercise their rights through a common authorized
person.  In case of Contributor's death, the re-assignment of
non-exclusive rights to Contributor shall continue with the
Contributor's heirs.  In case of more than one heir, all heirs must
exercise their rights through a common authorized person.  \\

\A This agreement take effect immediately upon signature by the
Contributor. \\

\A If any part of this agreement is found to be invalid the other 
parts shall remain in efect. \\

\A The Place of jurisdiction for all legal conflicts arising out of or in
connection with this Agreement is Lausanne, Switzerland.\\

\enlargethispage{2cm}
\vspace{1cm}
\begin{alltt}

City/Country,           Date             City/Country,          Date




__________________, ______________    __________________, ______________




__________________________________    __________________________________
          (Signature)                             (Kern)

\end{alltt}

\end{document}