This agreement assigns your ownership interests in any code contributions to the Open Information Security Foundation. You will retain your credit as author of the code. By accepting this agreement and by contributing code to the foundation that is incorporated into the Suricata Engine or other OISF projects you are agreeing to the Contribution Agreement and you become an official “contributor” to the OISF allowing you to vote as a contributor in any board or community initiated referendums.
We thank you for your contribution to the community. The Foundation will maintain your code for the benefit of the community in perpetuity. The board and management of the Foundation take this responsibility very seriously and are committed to keeping the engine free and stable for all.
IMPORTANT-READ CAREFULLY: This Contribution Agreement (the “Agreement”) is a legal agreement between you (either a natural person or a legal entity, the “User” or “you”) and the Open Information Security Foundation (“OISF” or “we”) for donating any software code or any other Materials (defined below) to OISF for the Suricata Intrusion Detection System engine (the “Suricata Engine”) or any other software project sponsored by OISF. For legal entities, the User is deemed to also include all other entities that control, are controlled by, or are under the same common control as the User. For purposes of this Agreement, “control” means: (i) the power, indirect or direct, to cause the direction of management of such entity; (ii) ownership of fifty percent (50%) or greater of the outstanding equity or voting power of the entity; or (iii) beneficial ownership of such entity.
You agree to be bound by the terms of this Agreement by clicking on the “submit” button or by otherwise donating Code as a User. If you do not agree, do not click on “submit” and do not donate Code.
To the extent You are not a natural person, by clicking on the â€œacceptâ€ button below or donating Materials the individual entering into this Agreement on behalf of the User represents and agrees that: (i) he or she has the permission of the User and authority to do so; (ii) doing so will in no way violate the intellectual property rights of any third party; and (iii) the individual will indemnify, defend and hold OISF harmless from any and all damages, claims, losses, costs and expenses arising from or related to the individual’s breach of a representation contained in this paragraph of the Agreement.
A User who is not a natural person may also designate specific individuals who are authorized to donate Materials on the User’s behalf. To do so, please contact OISF in advance of entering into this Agreement. If no prior designations are provided, this Agreement will serve as a blanket contribution agreement authorizing contributions by all directors, officers, members, employees, contractors and agents of the User.
Assignment of Ownership
For the good and valuable consideration of use of the Suricata Engine free of charge to you under the General Public License, the receipt and sufficiency of which is hereby acknowledged, User hereby irrevocably and perpetually assigns, transfers, conveys and sets over to OISF, and OISF hereby accepts the assignment, transfer, conveyance and set over, User’s entire worldwide and perpetual right, title and interest in and to the Materials including but not limited to all Intellectual Property Rights in the Materials. Additionally User hereby grants OISF a fully paid-up, non-exclusive, worldwide, perpetual, royalty-free, irrevocable right and license to use, copy, distribute, publicly display, create improvements, create derivative works of, make, offer to sell, sell, sublicense, have made any contributed Documentation. User will give OISF or its designee all assistance reasonably required to register, perfect, enforce and apply for and obtain in OISF’s name patent, copyright, trademark and other Intellectual Property Rights in any and all jurisdictions. For the avoidance of doubt, your assignment and license under this paragraph does not revert to you for any reason but perpetually and forever remains with OISF.
“Materials” means any Code, designs, templates, methods, ideas, inventions, software, source code, object code, technologies, written materials (not included within the meaning of Documentation), or anything else sent by you to us, donated to us or posted or uploaded by you to OISF (whether directly to OISF’s website or a 3rd party website), whether donated or contributed prior to or following the execution of this agreement.
“Documentation” means any written material or images, including any user or installation guides sent by you to us, donated to us or posted or uploaded by you to OISF (whether directly to OISF’s website or a 3rd party website), whether donated or contributed prior to or following the execution of this agreement.
“Intellectual Property Rights” means any trade secret, know-how, copyright, moral right, data right, trade or service mark, trade or service name, patent, business process, or other proprietary right arising under the laws of the United States and any other jurisdiction or any treaty, including any application for, or extension or derivative works or translations of, any of the foregoing in this Intellectual Property Rights definition.
Representations and Warranties
You represent and warrant that you have all necessary rights to use any Material that you post or upload to the OISF web site or otherwise send to OISF, and to enter into this Agreement.
You waive any and all moral rights, including, without limitation, any rights arising under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European Union residents, and all rights of a similar nature in any jurisdiction in any Material, including source code, which you post, upload or otherwise send to us or to the OISF web site. This waiver is in favor of OISF.
You are also prohibited from posting or otherwise submitting to the OISF any Material that infringes on any copyright, trademark or other proprietary rights of another (including publicity and privacy rights).
We reserve the right to remove any Materials in response to complaints of infringement or to otherwise review or edit the Materials as appropriate, in our sole discretion and without notice.
Choice of Law and Forum
This Agreement is governed by the laws of the State of Indiana. You hereby agree to submit to the exclusive jurisdiction of the courts of the State of Indiana. To the extent that applicable laws have mandatory application to this Agreement or give you the right to bring action in any other courts, the above limitations may not apply to you.
Severability and Enforceability
If a court of competent jurisdiction finds any provision of this Agreement to be void, invalid, or unenforceable, we will reform the void, invalid, or unenforceable provision to comply with applicable law or, if the void, invalid, or unenforceable provision is not conformable, we will strike the void, invalid, or unenforceable provision so as not to affect the validity or enforceability of this Agreement.
This Contribution Agreement may be amended or modified by OISF at any time, in its sole discretion. User’s continued use of Suricata Engine and/or continued contributions will be deemed an acceptance of such amendment. Such amendments or modification will apply to all contributed Materials and/or Documentation prior to such amendment or modification and thereafter. You have the obligation to monitor the Contribution Agreement for changes.
By submitting this form you acknowledge that you agree to the terms of this license.
v 3.0 <March 2016>