CONTRIBUTOR LICENSE AGREEMENT
Thank you for your interest in contributing to the CyberXR-GAAD project managed by The Cyber XR Coalition. This Contributor License Agreement (â€œAgreementâ€) documents the rights granted by Contributors to Us. This Agreement will govern all Contributions by you. This is a legally binding agreement, so please read it carefully before making a Contribution.
This Agreement is between XR Safety Initiative dba CyberXR Coalition, a California corporation with its principal place of business at 4 Anchor Drive Unit 343, Emeryville, CA 94608 USA (â€œCyberXRâ€, â€œweâ€, â€œusâ€, or â€œourâ€), and the person or entity making a Contribution to CyberXR (â€œContributor,â€ â€œyouâ€ or â€œyourâ€, and collectively with CyberXR, the â€œPartiesâ€). The rights bestowed herein are consideration for the opportunity to have the contributorâ€™s submission included in a CyberXR publication and for other good and valid consideration, the adequacy of which is hereby acknowledged.
1.1 “Contribution” means any original work of authorship, including any modifications or additions to an existing work, that is submitted by You to CyberXR for inclusion in, or documentation of, any of the products or services owned or managed by CyberXR (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication provided to CyberXR or its representatives, including, but not limited to, communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, CyberXR for the purpose of discussing, modifying, revising, and improving the Work, including identification of errors and/or issues and the remedy thereof.
1.2 â€œContributorâ€, “youâ€, or â€œyourâ€ means the person submitting the Work and r that is entering into this Agreement.
1.3 â€œContributor Affiliateâ€ means any past, present or future subsidiary, parent company, sister company, or other corporation, firm, business, partnership, joint venture or entity that controls, is controlled by, or is under common control of Contributor or any of its subsidiaries.
1.4 â€œControlâ€ means (i) the power, direct or indirect, to cause the direction or management of an entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares of an entity, or (iii) beneficial ownership of an entity.
1.5 â€œCyberXR Affiliateâ€ means any past, present or future subsidiary, parent company, sister company, or other corporation, firm, business, partnership, joint venture or entity that controls, is controlled by, or is under common control of Magento or any of its subsidiaries.
2. License Grants.
2.1 Grant of Copyright and Content Usage. Subject to the terms and conditions of this Agreement, Contributor and Contributor Affiliates hereby grant to CyberXR, CyberXR Affiliates and all third party recipients of software, products, services, and all other information distributed by CyberXR a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, with rights to sublicense through multiple levels of sublicensees, to use, copy, distribute, modify (including to reformat and resize), create derivative works of, and publicly perform and display the Content as incorporated in or otherwise in connection with any CyberXR Properties, including in any related advertising, marketing or promotion materials, whether in print, digital or any other media now known or later developed. This license includes all forms of copyright that would otherwise be implicated by the exercise of the conveyed rights. CyberXR has sole discretion as to whether to use or stop using any Content.
2.2 Grant of Patent License. Subject to the terms and conditions of this Agreement, Contributor and Contributor Affiliates hereby grant to CyberXR, CyberXR Affiliates, and all third party recipients of software, products, services, and information distributed by CyberXR a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Contributions, where such license applies only to those patent claims licensable by Contributor that are necessarily infringed by Contributions alone or by combination with software and/or information related to any CyberXR software, products, services, or information.
2.3 Grant to CyberXR and CyberXR Affiliates. The rights conferred in this Agreement on CyberXR shall automatically and immediately extend to any entity that later becomes a CyberXR Affiliate or a part of CyberXR.
2.4 Contributions. Contributor agrees to the terms and conditions of this Agreement for all Contributions made by you. Except for the licenses granted herein, Contributor reserves all right, title, and interest in and to Contributor Contributions.
3.1 Original Work. Contributor represents that each Contribution is Contributorâ€™s own original creation and that Contributor is the copyright owner or legal entity authorized by the copyright owner of all Contributions. Any work referenced or curated from third parties must be cited as such.
3.2 Ownership and Authority. Contributor represents that it is legally entitled to grant the licenses above and that the Contributions do not include any third party copyrights, patents, trade secrets, licenses, or other restrictions (â€œThird Party IPâ€), and that Contributor will not declare any dependencies on any open source projects, proprietary software or Third Party IP, unless Contributor has made a Complete Disclosure prior to or at the time of the Contribution submission.
3.3 Complete Disclosure. If applicable, Contributor represents that each and every Contribution submission includes complete details of any third-party license or other restrictions associated with any part of the Contribution.
3.4 Support. Contributor is not expected to provide support for Contributions, except to the extent Contributor desires to provide support. Contributors may provide support for free, for a fee, or not at all.
3.5 Notification of any Change. You agree to notify CyberXR if any of the facts, circumstances or representations made herein are or become inaccurate in any respect.
4.1 Waiver. Contributor waives all other claims of any nature, including express contract, implied-in-fact contract, or quasi-contract, arising out of any disclosure of the Contributions to CyberXR. As such, CyberXR is under no obligation to use or implement the Contributions in any respect.
4.2 Competitive or Similar Materials. In no event shall CyberXR or CyberXR Affiliates be precluded from discussing, reviewing, developing for itself, having developed, or developing for third parties, materials which are competitive with those set forth in the Contributions irrespective of their similarity to the information in the Contributions, so long as CyberXR complies with the terms of this Agreement and Non-Disclosure agreement, as applicable.
4.3 Governing Law. This Agreement will be construed as if both parties jointly wrote it, governed by California law except for its conflicts of laws principles, and any cause of action arising under or relating to this Agreement must be brought exclusively in a state or federal court in or nearest to Alameda County, California, USA.
4.4 Survival. Upon termination or expiration of this Agreement, all terms of the Agreement, including the license grants, shall remain in full force and effect, except that the Contributor will no longer make submissions to CyberXR.
4.5 Amendments. CyberXR may amend this Agreement at any time by providing notice to you or by posting the revised Agreement online where Contributions are made. By making a subsequent Contribution, you thereby agree to the revised Agreement for all Contributions made by you. If you do not agree to the revised Agreement, you may stop making Contributions.
4.6 Limitations of Liability. IN NO EVENT WILL CYBERXR BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR USE OF THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CYBERXRâ€™S ENTIRE LIABILITY TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY WILL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CYBER XR TO YOU UNDER THIS AGREEMENT.â€‹â€‹â€‹â€‹â€‹â€‹â€‹
4.7 Indemnity. You agree to hold harmless and indemnify CyberXR against any claim, lawsuit, or other asserted liability alleged, advanced, or otherwise brought by any third party stemming from or related to any degree to any portion of your Contribution, including but not limited to claims of copyrights and content usage.