From efa42d05ab2636fd2b0936c213c3f32e24c14fe2 Mon Sep 17 00:00:00 2001 From: Kern Sibbald Date: Thu, 11 Dec 2014 15:33:35 +0100 Subject: [PATCH] Add FLAv5 --- docs/techlogs/FLA-Kern-v5.tex | 267 ++++++++++++++++++++++++++++++++++ 1 file changed, 267 insertions(+) create mode 100644 docs/techlogs/FLA-Kern-v5.tex diff --git a/docs/techlogs/FLA-Kern-v5.tex b/docs/techlogs/FLA-Kern-v5.tex new file mode 100644 index 00000000..76c03e51 --- /dev/null +++ b/docs/techlogs/FLA-Kern-v5.tex @@ -0,0 +1,267 @@ +%% +%% Fiduciary License Agreement (Copyright Assignment) +%% +%% Language: English +%% + +%{{{ Header + +\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}{-0.5cm} +%\addtolength{\textheight}{2cm} +%\addtolength{\textwidth}{2cm} +%\addtolength{\headwidth}{3cm} +\addtolength{\headheight}{-1.5cm} +\addtolength{\textheight}{3cm} + +%}}} + +\begin{document} + +%{{{ Head of front page + +\thispagestyle{empty} + +\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} -- 2.39.5