Thank you for your interest in contributing to Checkmk and associated projects run by Checkmk GmbH ("We" or "Us"). The purpose of this contributor license agreement ("Agreement") is to clarify and document the rights granted by contributors to Us. Further information regarding the Agreement can be found at cla_readme. How to use this Contributor Agreement If you own the Contribution yourself, you need to sign this Agreement either electronically via the CLA Bot on GitHub or by sending a signed copy to cla@checkmk.com. If You are an employee and have created the Contribution as part of your employment, You need to sign this Agreement and have Your employer approve this Agreement by having an authorized representative sign this Agreement in addition to You, and send the signed copy to cla@checkmk.com. If You change employers in the future and desire to Submit additional Contributions for the new employer, then You agree to sign a new Agreement and secure permission from the new employer before Submitting those Contributions. If You do not own the Copyright in the entire work of authorship, any other author of the Contribution should also sign this Agreement – in any event, please contact Us at cla@checkmk.com.
"You" means the Copyright owner who Submits a Contribution to Us. If You are an employee and have created the Contribution as part of your employment, the term “You” in this Agreement will refer to You and the employer collectively. "Contribution" means any original work of authorship, including any original modifications or additions to an existing work of authorship, Submitted by You to Us, in which You own the Copyright. "Copyright" means all rights protecting works of authorship, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence. "Material" means the software or documentation made available by Us to third parties. When this Agreement covers more than one software project, the Material means the software or documentation to which the Contribution was Submitted. After You Submit the Contribution, it may be included in the Material. "Submit" means any act by which a Contribution is transferred to Us by You by means of tangible or intangible media, including but not limited to electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Us, but excluding any transfer that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
Subject to the terms and conditions of this Agreement, You hereby grant to Us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, under the Copyright covering the Contribution to use the Contribution by all means, including, but not limited to: publish the Contribution, modify the Contribution, prepare derivative works based upon or containing the Contribution and/or to combine the Contribution with other Materials, reproduce the Contribution in original or modified form, distribute, to make the Contribution available to the public, display and publicly perform the Contribution in original or modified form.
Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law. Notwithstanding, You may add your name to the attribution mechanism customary used in the Materials you Contribute to, such as the header of the source code files of Your Contribution, and We will respect this attribution when using Your Contribution.
Subject to the terms and conditions of this Agreement You hereby grant to Us and to recipients of Materials distributed by Us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable (except as stated in Section 3.2) patent license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with any Material (and portions of such combination). This license applies to all patents owned or controlled by You, whether already acquired or hereafter acquired, that would be infringed by making, having made, using, selling, offering for sale, importing or otherwise transferring of Your Contribution(s) alone or by combination of Your Contribution(s) with any Material.
You reserve the right to revoke the patent license stated in section 3.1 if We make any infringement claim that is targeted at your Contribution and not asserted for a Defensive Purpose. An assertion of claims of the Patents shall be considered for a "Defensive Purpose" if the claims are asserted against an entity that has filed, maintained, threatened, or voluntarily participated in a patent infringement lawsuit against Us or any of Our licensees.
THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US AND BY US TO YOU. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION AND EXTENT TO THE MINIMUM PERIOD AND EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU OR WE 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.
IF THE DISCLAIMER AND DAMAGE WAIVER MENTIONED IN SECTION 4. AND SECTION 5. CANNOT BE GIVEN LEGAL EFFECT UNDER APPLICABLE LOCAL LAW, REVIEWING COURTS SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROXIMATES AN ABSOLUTE WAIVER OF ALL CIVIL OR CONTRACTUAL LIABILITY IN CONNECTION WITH THE CONTRIBUTION.
This Agreement shall come into effect upon Your acceptance of the terms and conditions.
This Agreement shall apply for the term of the copyright and patents licensed here.
This Agreement and all disputes, claims, actions, suits or other proceedings arising out of this agreement or relating in any way to it shall be governed by the laws of Germany excluding its private international law provisions.
This Agreement sets out the entire agreement between You and Us for Your past, present and future Contributions to Us and overrides all other agreements or understandings.
In case of Your death, this agreement shall continue with Your heirs. In case of more than one heir, all heirs must exercise their rights through a commonly authorized person.
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 that 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.
You agree to notify Us of any facts or circumstances of which you become aware that would make this Agreement inaccurate in any respect.
This is a legal contract containing personal data. Please refer to https://checkmk.com/privacy-policy for the policy governing how personal data is used and shared.