If You Submitting Contribution to the Imperva User Community as an individual, the “Imperva User Community (“IUC”) Contributor License Agreement (Individual)” below applies to You. If you are Submitting code on behalf of a corporation or any other Legal Entity, the “Imperva User Community (“IUC”) Corporate Contributor License Agreement (Corporate)” below applies to you.
For Submissions by Indivduals:
Thank you for your interest in contributing to software projects on the Imperva User Commmunity managed by Imperva, Inc. (“We” or “Us”). This contributor agreement (“Agreement”) documents the rights granted by contributors to Us. You represent that you have the right to submit and license the contribution(s) under the license hereunder. Please review, provide the necessary information, and accept the terms. This is a legally binding document, so please read it carefully before agreeing to it. The Agreement may cover more than one software project managed by Us**.**
“You” means the individual who Submits a Contribution to Us.
“Contribution” means any original work of authorship, including any modifications or additions to an existing work, that is Submitted by You to Us.
“Material” means the work of authorship which is made available by Us to third parties. When this Agreement covers more than one software project, the Material means the work of authorship to which the Contribution was Submitted.
"Submitted" means any form of electronic, verbal, or written communication sent to Us or our 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, Us for purposes of discussing or improving Materials, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
“Submission Date” means the date on which You Submit a Contribution to Us.
2.1 Copyright License: (a) You retain ownership and title of the copyright in Your Contribution; (b) to the maximum extent permitted by the relevant law, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, paid-up, irrevocable license to the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to prepare derivatives, reproduce, modify, display, perform and distribute the Contribution.
2.2 Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to Us and our licensees a perpetual, worldwide, non-exclusive, royalty-free, paid-up, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Material, 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 Material 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 Material 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 Material shall terminate as of the date such litigation is filed.
2.3 Outbound License. In the event that We include Your Contribution in a Material or make it available to any third party, We may license the Contribution under any license, including copyleft, permissive, any other open source, commercial, or proprietary licenses.
2.4 Moral Rights. If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
2.5 Our Rights. You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
2.6 Reservation of Rights. Any rights not expressly licensed under this section are expressly reserved by You.
3.1 You represent the following: (a) Your Contributions is Your original creation; (b) You have the legal authority to enter into this Agreement. (c) You own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2. (d) The grant of rights under Section 2 does not violate any grant of rights which You have made to third parties or have been granted by third parties.
3.2 Should You wish to submit work that is not Your original creation, You may submit it to Us at [email protected] separately from any Contribution, identifying the complete details of the source code, owner, origin, and its license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party [named here] or Submission includes third party code.”
You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. Unless required by applicable law or agreed to otherwise in writing: EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS." MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EIHTER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
6.1 This Agreement will be governed by and construed in accordance with the laws of California excluding its conflicts of law provisions.
6.2 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
6.3 If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.
6.4 The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety.
6.5 If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and which is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.
For Submissions on behalf of Corporations or any other Legal Entities:
Thank you for your interest in contributing to software projects on the Imperva User Commmunity managed by Imperva, Inc. (“We” or “Us”). This contributor agreement (“Agreement”) documents the rights granted by contributors to Us. You represent that you have the right to submit and license the contribution(s) under the license hereunder. Please review, provide the necessary information, and accept the terms. This is a legally binding document, so please read it carefully before agreeing to it. The Agreement may cover more than one software project managed by Us**.**
“You” means the copyright owner or Legal Entity authorized by the copyright owner that is entering into this Agreement with Us.
“Legal Entity” means the entity making the contribution and all other entities that control, are controlled by, or under common control with that Legal Entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty percent (50%) or more of the outstanding shares or securities which vote to elect the management or other persons who direct such Legal Entity 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 Submitted by You to Us.
“Material” means the work of authorship which is made available by Us to third parties. When this Agreement covers more than one software project, the Material means the work of authorship to which the Contribution was Submitted.
"Submitted" means any form of electronic, verbal, or written communication sent to Us or our 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, Us for purposes of discussing or improving Materials, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
“Submission Date” means the date on which You Submit a Contribution to Us.
2.1 Copyright License: (a) You retain ownership and title of the copyright in Your Contribution; (b) to the maximum extent permitted by the relevant law, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, paid-up, irrevocable license to the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to prepare derivatives, reproduce, modify, display, perform and distribute the Contribution.
2.2 Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to Us and our licensees a perpetual, worldwide, non-exclusive, royalty-free, paid-up, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Material, 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 Material 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 Material 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 Material shall terminate as of the date such litigation is filed.
2.3 Outbound License. In the event that We include Your Contribution in a Material or make it available to any third party, We may license the Contribution under any license, including copyleft, permissive, any other open source, commercial, or proprietary licenses.
2.4 Moral Rights. If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
2.5 Our Rights. You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
2.6 Reservation of Rights. Any rights not expressly licensed under this section are expressly reserved by You.
3.1 You represent the following: (a) Your Contributions is Your original creation; (b) You have the legal authority to enter into this Agreement. (c) You or Your Affiliates own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2. (d) The grant of rights under Section 2 does not violate any grant of rights which You or Your Affiliates have made to third parties or have been granted by third parties.
3.2 Should You wish to submit work that is not Your original creation, You may submit it to Us at [email protected] separately from any Contribution, identifying the complete details of the source code, owner, origin, and its license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party [named here] or Submission includes third party code.”
You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. Unless required by applicable law or agreed to otherwise in writing: EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS." MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EIHTER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
6.1 This Agreement will be governed by and construed in accordance with the laws of California excluding its conflicts of law provisions.
6.2 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
6.3 If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.
6.4 The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety.
6.5 If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and which is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.