2 %% Fiduciary License Agreement (Copyright Assignment)
3 %% of the Free Software Foundation Europe paying respect to the two
4 %% different Copyright traditions
11 \newcommand{\fiduciary}{FSFE}
12 \newcommand{\fiduciaryaddress}{\begin{alltt}
13 Free Software Foundation Europe
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63 %{{{ Head of front page
68 {\LARGE\bf Fiduciary license Agreement}\\
78 The purpose of this agreement is to ensure the lasting protection of
79 Bacula by making Kern Sibbald the fiduciary of the author's interests.
80 It empowers Kern Sibbald (here after referred to as "Kern") -- to uphold the
81 interests of contributing authors and protect them in court, if
84 Kern is given the right to relicense the software as necessary for the
85 long-term legal maintainability and protection of the software. The
86 agreement also grants the author an unlimited amount of non-exclusive
87 licenses by Kern, which allow using and distributing the submitted code in
88 other projects and under other licenses. \\
90 The contracting parties sign the following agreement in full
91 consciousness that by the grant of exclusive license to Kern Sibbald
92 and by the administration of these
93 rights the Kern becomes trustee of the author's interests for
94 the benefit of Bacula and allows Kern to use and distribute the
95 program in other projects and under other licenses. \\
97 In the event that the author of the contributed code has already
98 signed an exclusive license to another entity or person, each
99 use of the term ``exclusive license'' will mean ``non-exclusive
104 {\Large\bf Agreement}
108 {\bf (please cross out unsuitable alternatives)}\\
112 _______________________________________________ (Name)
114 _______________________________________________ (Occupation, Date of Birth)
116 _______________________________________________ (Street)
118 _______________________________________________ (ZIP, City, Country)
120 _______________________________________________ (Pseudonym, Email)
122 \item the owner of the license,
124 _______________________________________________ (Company or name)
126 _______________________________________________ (HQ or addr.)
128 _______________________________________________ (managing director)
131 \item acquired by virtue of a contract date as of
132 \item contracting party:
133 \item acquired as employer in the context of a work and service
138 - hereinafter referred to as "Beneficiary" --
143 Cotes-de-Montmoiret 9
148 - hereinafter referred to as "Kern" --
150 the following agreement is entered into:\\
153 \A Subject to the provision of {\S}~2, Beneficiary assigns to Kern the
154 Copyright in computer programs and other copyrightable material
155 world-wide, or in countries where such an assignment is not
156 possible,\footnote{Countries where assignments of the copyright in a
157 work are impossible include, but are not limited to, Germany, Austria,
158 Slovenia and Hungary.} grants an exclusive license, including, inter
161 \item the right to reproduce in original or modified form;
162 \item the right to redistribute in original or modified form;
163 \item the right of making available in data networks, in particular
164 via the Internet, as well as by providing downloads, in original or
166 \item the right to authorize third parties to make derivative works of
167 the Software, or to work on and commit changes or perform this
170 \A Beneficiary's moral or personal rights remain unaffected by this
172 \A In some countries, the law may provide that the employer is deemed
173 to be the owner of the rights on materials developed by an employee in
174 the course of his or her employment, unless the parties have agreed
175 otherwise. The Beneficiary is aware of these provisions, and therefore
176 warrants, represents and guarantees that the Subject Matter is free of
177 any of his or her employer's exclusive exploitation rights.
179 \section{Subject Matter}
181 The rights and licenses granted in {\S}~1 are subject to all
182 ``Software'' and ``Documentation''.
183 For the purpose of this Agreement,
184 ``Software'' shall mean all computer programs, copyrightable sections
185 of computer programs or modifications of computer programs that have
186 been developed or programmed by Beneficiary and that are specified in
187 this Agreement below or that are listed in Exhibit A attached to this
188 Agreement and dated and signed by the contracting parties. Likewise,
189 ``Documentation'' shall refer to all manuals and documentation written
190 by Beneficiary alongside and usually distributed with the ``Software''
191 and are similarly specified below or listed in Exhibit A:
194 All code and documentation contributed by Beneficiary to
195 the bacula.org project.
198 Except in countries where such an assignment is not
199 possible,\footnote{Countries where assignments of the copyright in a
200 future work are impossible include, but are not limited to, France.}
201 the rights [and licenses] granted under this agreement by Beneficiary
202 shall also include future developments, future corrections of errors
203 or faults and other future modifications and derivative works of the
204 software that Beneficiary obtains copyright ownership. Excluded from
205 this provision are modifications that are not derived from the subject
206 matter and that have to be regarded as independent and original
209 \section{Kern's Rights and \\Re-Transfer of Non-Exclusive license}
210 \A Kern shall exercise the granted rights and licenses in his
211 own name. Furthermore, Kern shall be authorized to enjoin third
212 parties from using the software and forbid any unlawful or copyright
213 infringing use of the Software, and shall be entitled to enforce all
214 its rights in its own name in and out of court. Kern shall also
215 be authorized to permit third parties to exercise Kern's rights
216 in and out of court.\\
218 \A Kern grants to Beneficiary a non-exclusive, worldwide, perpetual
219 and unrestricted license in the contributions he has to the Bacula
220 project. This right's [and license's]
221 scope shall encompass and include all the rights [and licenses]
222 specified in {\S}~1. Furthermore, Kern grants to Beneficiary additional
223 non-exclusive, transferable license to use, reproduce, redistribute and
224 make available his or her contributions to the Bacula project as needed for
225 releases of the code he or she contributed under other licenses. This re-transfer
226 shall not limit the scope of Kern's exclusive license in the Software and
227 Kern's rights pursuant to {\S}~1.\\
230 \A The transfer of the rights and licenses specified in {\S}~1 shall
231 be unrestricted in territory and thus shall apply world-wide and be
232 temporally unlimited.
234 \section{Miscellaneous}
235 \A Regarding the succession of rights in this contractual
236 relationship, Swiss law shall apply, unless this Agreement imposes
237 deviating regulations. In case of the Beneficiary's death, the
238 assignment of exclusive rights shall continue with the heirs. In case
239 of more than one heir, all heirs have to exercise their rights through
240 a common authorized person.\\
242 \A Place of jurisdiction for all legal conflicts arising out of or in
243 connection with this Agreement is Lausanne, Switzerland.\\
245 \enlargethispage{2cm}
249 City/Country, Date City/Country, Date
254 __________________, ______________ __________________, ______________
259 __________________________________ __________________________________