From: Kern Sibbald Date: Wed, 15 May 2013 14:10:53 +0000 (+0200) Subject: Create new FLA license X-Git-Url: https://git.sur5r.net/?a=commitdiff_plain;h=1bfdd590da439993a9c7b15d87e687a380b6d653;p=bacula%2Fdocs Create new FLA license --- diff --git a/docs/techlogs/FLA-Kern-v4.tex b/docs/techlogs/FLA-Kern-v4.tex new file mode 100644 index 00000000..4678d8f1 --- /dev/null +++ b/docs/techlogs/FLA-Kern-v4.tex @@ -0,0 +1,264 @@ +%% +%% Fiduciary License Agreement (Copyright Assignment) +%% of the Free Software Foundation Europe paying respect to the two +%% different Copyright traditions +%% +%% Language: English +%% + +%{{{ Header + +\newcommand{\fiduciary}{FSFE} +\newcommand{\fiduciaryaddress}{\begin{alltt} +Free Software Foundation Europe +Talstrasse 110 +40217 Dusseldorf +Germany +\end{alltt}} +\documentclass[a4wide,12pt]{article} +%%\usepackage{german,umlaut} +%%\usepackage{fancyheadings} +\usepackage{alltt} +\usepackage{epsfig} +\usepackage[english]{babel} + +\selectlanguage{english} +%\pagestyle{fancyplain} + +%\lhead[\fancyplain{}{\bfseries\thepage}] +% {\fancyplain{}{\bfseries\rightmark}} +%\rhead[\fancyplain{}{\bfseries\leftmark}] +% {\fancyplain{}{\bfseries\thepage}} +%\cfoot{} +\renewcommand{\sectionmark}[1]{\markright{\thesection\ #1}} +\renewcommand{\thesection}{\S~\arabic{section}} + +% +% alternative ways of doing it... +% + +% this makes the references work correctly: +%\newcommand{\A}{\subsection{}} +%\renewcommand{\subsectionmark}[1]{\markright{\thesection\ }} + +% this looks better: +\newcounter{absatz}[section] +\newcommand{\A}{\par\vspace{1ex} + \stepcounter{absatz}\noindent(\arabic{absatz})~~} + +% make the page a little wider +%\addtolength{\textwidth}{3cm} +%\addtolength{\headwidth}{3cm} +%\addtolength{\hoffset}{-1.5cm} +%\addtolength{\textheight}{2cm} +%\addtolength{\textwidth}{3cm} +%\addtolength{\headwidth}{3cm} +%\addtolength{\hoffset}{-1.5cm} +%\addtolength{\textheight}{4cm} + +%}}} + +\begin{document} + +%{{{ Head of front page + +\thispagestyle{empty} + +\begin{center} +{\LARGE\bf Fiduciary license Agreement}\\ +(Version 4.0) +\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 interests. +It empowers Kern Sibbald (here after 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 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 exclusive license 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. \\ + +In the event that the author of the contributed code has already +signed an exclusive license to another entity or person, each +use of the term ``exclusive license'' will mean ``non-exclusive +license''. + +\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} +- hereinafter referred to as "Beneficiary" -- +\end{flushright} +and the +\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 Subject to the provision of {\S}~2, Beneficiary 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 an exclusive 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. +\end{enumerate} +\A Beneficiary'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. The Beneficiary 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 exclusive 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 Beneficiary and 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 Beneficiary alongside and usually distributed with the ``Software'' +and are similarly specified below or listed in Exhibit A: +\begin{alltt} + +All code and documentation contributed by Beneficiary 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 Beneficiary +shall also include future developments, future corrections of errors +or faults and other future modifications and derivative works of the +software that Beneficiary 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 Beneficiary a non-exclusive, worldwide, perpetual +and unrestricted license in the contributions he has 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 Beneficiary 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 exclusive 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 Beneficiary's death, the +assignment of exclusive rights shall continue with the heirs. In case +of more than one heir, all heirs have to exercise their rights through +a common authorized person.\\ + +\A 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}