To clarify the intellectual property license granted with Contributions (as defined below) from any person or entity, VMware, Inc. (“VMware”) must have a Contributor License Agreement ("CLA" or “Agreement”) on file that has been signed by You (as defined below), indicating agreement to the license terms below. This CLA is for the protection of Contributors as well as the protection of VMware and its users. This CLA does not change Your rights to use Contributions for any other purpose. If You are a Company, this CLA allows You to submit Contributions to VMware and to authorize Your employees to submit Contributions. This CLA applies as set forth in the Contributing file.
Please read this document carefully before you complete and sign it. Be sure to keep a copy for your records.
You accept and agree to the following terms and conditions for your present and future Contributions submitted to the Project. This Agreement allows the Contributor to contribute to the Project as defined below.
Definitions. "You"/"yours" means the copyright owner or legal entity that is making this Agreement with VMware. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "Contribution" means any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by you to VMware for inclusion in, or documentation of, any project owned or managed by VMware (the "Project"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to VMware 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, VMware for the purpose of discussing and improving the Project, but excluding communication that is conspicuously marked or otherwise designated in writing by you as "Not a Contribution."
Grant of Copyright License. Subject to the terms and conditions of this Agreement, you hereby grant to VMware and to recipients of software distributed by VMware a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute your Contributions and such derivative works.
Grant of Patent License. Subject to the terms and conditions of this Agreement, you hereby grant to VMware and to recipients of software distributed by VMware a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section), patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Project, where such license applies only to those patent claims licensable by you that are necessarily infringed by your Contribution(s) alone or by combination of your Contribution(s) with the Project to which such Contribution(s) was submitted. If any entity institutes patent litigation against you or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Project to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Project shall terminate as of the date such litigation is filed.
You represent that you are legally entitled to grant the above license. If you are a legal entity, you represent that the person entering into this Agreement on behalf of the legal entity has the authority to bind the legal entity to the terms and conditions of this Agreement. If your employee(s) has rights to intellectual property that is included in your Contributions, you represent that you have received permission to make Contributions on behalf of such employee(s), that such employee(s) has waived such rights for such Contributions to VMware, or that such employee(s) has executed a separate Contributor Agreement with VMware.
You represent that each of your Contributions is your or your employees’ original creation (see Section 7 for submissions on behalf of others). You represent that your Contribution submissions include complete details of any third party license or other restriction (including, but not limited to, related patents and trademarks) of which you are aware and which is associated with any part of your Contributions.
You are not expected to provide support for your Contributions, except to the extent you desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, you provide your Contribution(s) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
Should you wish to submit work that is not your original creation, you may submit it to VMware separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]."
You agree to notify VMware at OSSContributions@vmware.com of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.
This Agreement is governed by the laws of the State of California, without regard to its choice of law provisions, and by the laws of the United States. This Agreement sets forth the entire understanding and agreement between the parties, and supersedes any previous communications, representations or agreements, whether oral or written, regarding the subject matter herein.
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