Appenda Contributor License Agreements
This file holds two agreements: the Individual agreement and the Corporate agreement. Bracketed fields in the signature blocks are filled in when signing.
Appenda Individual Contributor License Agreement
Version 1.0, effective on the date this repository is made public
This Agreement is between you and Appenda, Inc., a Delaware corporation ("Appenda"). It applies to every pull request, commit, issue, comment and other Contribution you Submit to Appenda, now and in the future. By signing this Agreement, or by submitting a pull request, commit, issue, comment or other Contribution to Appenda, you agree to it. Read it first. Appenda will not merge a pull request until a signature on this Agreement or on a Corporate Contributor License Agreement is on file for its contributors.
In plain words (this summary is not part of the Agreement). You still own your work and can use it however you like. You let Appenda use it, including publishing it under an open source license, shipping it in Appenda and Appenda Cloud, using it in proprietary products, licensing it commercially, and relicensing it in the future. You confirm you have the right to give it to us.
1. Definitions
"You" means the individual who signs this Agreement.
"Project" means the software, documentation and other materials that Appenda or its affiliates own, manage or distribute, including the Appenda desktop application, Appenda Cloud and their repositories.
"Contribution" means any work of authorship or other material that You Submit, including:
(a) pull requests, commits, patches, source code, documentation, designs, tests, translations and modifications of existing Project material;
(b) Feedback; and
(c) Session Content.
"Feedback" means issues, bug reports, suggestions, ideas, comments, code snippets and similar input about the Project, in any form.
"Session Content" means video, audio, screen recordings, images and text that You contribute to a livestream, recorded call or collaborative session that Appenda hosts or records for the Project, to the extent it is Yours.
"Submit" means to send to Appenda or its representatives in any form, including a pull request, commit, patch, issue, discussion, comment, email, chat message or session, in order to include or discuss it in the Project. It does not include anything You clearly mark in writing as "Not a Contribution".
2. You keep ownership
You keep all right, title and interest in Your Contributions, subject only to the licenses in this Agreement. You may use and license Your Contributions in any other way.
3. Copyright license
You grant Appenda a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, irrevocable, transferable license, with the right to sublicense through multiple tiers, to reproduce, modify, prepare derivative works of, publicly display, publicly perform, distribute and otherwise use Your Contributions and derivative works of them.
4. Open source, commercial and proprietary use
Without limiting Section 3, Appenda may, at its discretion and without further permission from You, notice to You or payment to You:
(a) distribute Your Contributions under any open source license, including the GNU Affero General Public License;
(b) include Your Contributions in commercial and proprietary products and services, including Appenda Cloud and any enterprise edition;
(c) license Your Contributions under commercial, proprietary or other terms of its choosing; and
(d) relicense Your Contributions in the future under any of those terms.
These rights apply even where Appenda also distributes the same Contribution under an open source license. Appenda has no obligation to use Your Contributions, and no obligation to keep any product or Contribution available under any particular license. A license already granted to the public for a release stays in effect for that release according to its terms.
5. Patent license
You grant Appenda and recipients of software distributed by Appenda a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, irrevocable (except as stated in this Section) patent license to make, have made, use, sell, offer to sell, import and otherwise transfer Your Contributions and the Project. This license covers only patent claims You can license that are necessarily infringed by Your Contribution alone, or by combining Your Contribution with the Project as it stood when You Submitted it.
If You or any entity You control start patent litigation, including a cross-claim or counterclaim, alleging that a Contribution or the Project infringes a patent, every patent license You received under this Agreement for that Contribution or the Project ends on the date the litigation is filed.
6. Session Content
You give Appenda permission to record, edit, publish and otherwise use Session Content, including Your name, voice and likeness as they appear in it, for the Project and for promoting it. This permission does not extend to using Your name or likeness to imply that You endorse a product, beyond the fact that You took part. You will not knowingly include another person's confidential information or personal data in Session Content without permission.
7. Your right to contribute
You represent that:
(a) You are legally entitled to grant these licenses, and to give the permission in Section 6;
(b) if an employer or other person has rights in Your Contribution, including rights in intellectual property You create, then one of these is true: that person gave You written permission to make the Contribution under this Agreement, that person waived those rights for it, or that person has signed Appenda's Corporate Contributor License Agreement and You are listed as authorized under it; and
(c) Your Contribution does not, to Your knowledge, violate any other person's rights.
8. Original work and known restrictions
You represent that each Contribution is Your original creation, except as disclosed under Section 9. You will include with each Contribution full details of any third-party license, patent, trademark or other restriction that You know of, or reasonably should know of, that applies to any part of it.
Material produced with an automated or AI tool counts as Your Contribution only if You reviewed it and are able to make these representations for it. On request, You will tell Appenda which tools You used.
9. Someone else's work
If You want to Submit material that is not Your original creation, You must:
(a) Submit it separately from Your original work;
(b) identify its source and author;
(c) state the license and any other restrictions You know of; and
(d) mark it conspicuously as third-party material, for example "Submitted on behalf of a third party: [name and license]".
Do not Submit it unless You are permitted to. Appenda may decline it.
10. Telling us if facts change
You will notify Appenda promptly, at [email protected], if You learn of any fact or circumstance that makes a representation in this Agreement inaccurate in any respect, including a change of employer that affects Section 7. Notice does not undo a license already granted for past Contributions.
11. No support; provided as is
You have no obligation to support Your Contributions, but You may choose to. Unless You agree otherwise in writing, Your Contributions are provided "AS IS", without warranties or conditions of any kind, express or implied, including warranties of title, non-infringement, merchantability or fitness for a particular purpose. This Section does not limit Your representations in Sections 7, 8 and 9.
12. Moral rights
To the extent the law allows, You waive, and agree not to assert against Appenda or its licensees, any moral rights in Your Contributions that would limit the rights granted here.
13. Attribution
Appenda may, but need not, credit You by name or GitHub username. Appenda may keep public commit history that identifies You.
14. Records and privacy
Appenda keeps a record of Your signature, including Your GitHub identity, the version of this Agreement, the date and the Contributions it covers. Appenda handles it as described in its Privacy Policy and does not publish the record, other than showing whether a signature is on file.
15. Changes to this Agreement
Appenda may publish new versions. A new version applies only to Contributions You Submit after You sign it. Appenda may ask You to sign a new version before accepting further Contributions. Earlier Contributions stay under the version in effect when You Submitted them.
16. Transfer and other terms
Appenda may assign this Agreement to an affiliate or to a successor to the Project or its business. You may not assign it. The licenses survive termination of any relationship between You and Appenda. This Agreement does not transfer ownership, and does not create employment, partnership or agency. If a provision is unenforceable, the rest stays in effect. This Agreement is governed by the laws of the State of Delaware, United States, excluding conflict of laws rules, and disputes go to the courts of the State of Delaware, United States. It is the complete agreement on this subject and replaces earlier discussions on it.
Accepting records your GitHub username, the date and the agreement version.
Accept with GitHubAppenda Corporate Contributor License Agreement
Version 1.0, effective on the date this repository is made public
This Agreement is between the entity named below ("Company") and Appenda, Inc. ("Appenda"). It covers Contributions made on Company's behalf by the people Company authorizes. Those people sign nothing separately for those Contributions.
1. Terms
Terms used here have the meanings in Appenda's Individual Contributor License Agreement, read so that "You" means Company.
2. Same licenses
Company grants Appenda the licenses and permissions in Sections 3, 4, 5, 6 and 12 of the Individual Agreement for every Contribution Submitted by an Authorized Contributor, and Company keeps ownership under Section 2. The patent termination in Section 5 applies to Company and every entity it controls.
3. Authorized Contributors
"Authorized Contributors" are the people in Schedule A, plus anyone a Company Manager adds by written notice to [email protected]. A Company Manager may remove a person by the same notice; removal does not affect earlier Contributions. Company will use reasonable efforts to keep Schedule A accurate and to prevent people who are not authorized from Submitting on its behalf.
4. Company's representations
Company represents that:
(a) the person signing has authority to bind Company;
(b) Company owns or has the right to license each Contribution Submitted by an Authorized Contributor, and each has Company's permission to Submit it; and
(c) each Contribution is original to Company or its Authorized Contributors, except as disclosed under Section 9 of the Individual Agreement, which applies to Company.
Sections 8 (known restrictions), 10 (telling us if facts change), 11 (no support; as is), 15 (changes) and 16 (transfer and other terms) of the Individual Agreement also apply to Company.
Company: [Legal name] · [Address] · [GitHub organization] Signed by: [Name] · [Title] · [Date] Company Manager: [Name] · [Email]
To sign for a company, email [email protected].
Schedule A: Authorized Contributors [Name] · [GitHub username] · [Email]