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Legal:RPM Fusion_Project_Contributor_Agreement

[Version 2015-02-03]

Goal

We require that contributors to RPM Fusion (as defined below) agree to this RPM Fusion Project Contributor Agreement (FPCA) to ensure that contributions to RPM Fusion have acceptable licensing terms. Non-Goals

The FPCA is *not* a copyright assignment agreement.

The FPCA does *not* somehow supersede the existing licensing terms that apply to RPM Fusion contributions. There are two important subpoints here. First, the FPCA does not apply to upstream code (or other material) that you didn't write; indeed, it would be preposterous for it to attempt to do so. Note the narrow way in which we have defined capital-c "Contribution". Second, the main provision of the FPCA specifies that a default license will apply to code that you wrote, but only to the extent that you have not bothered to put an explicit license on it. Therefore, the FPCA is *not* some sort of special permissive license granted to any party, despite the explicit choice of a more restrictive license by you or by upstream developers.

Terms

0. Definitions.

"Acceptable License For RPM Fusion" means a license selected from the appropriate categorical sublist of the full list of acceptable licenses for RPM Fusion, currently located at https://rpmfusion.org/wiki/Licensing, as that list may be revised from time to time by the RPM Fusion Project Steering Committee. "Acceptable Licenses For RPM Fusion" means that full list.

"CC-BY-SA" means the Creative Commons Attribution-ShareAlike 3.0 Unported license, as published at http://creativecommons.org/licenses/by-sa/3.0/legalcode.

"Code" means (i) software code, (ii) any other functional material whose principal purpose is to control or facilitate the building of packages, such as an RPM spec file, (iii) font files, and (iv) other kinds of copyrightable material that the RPM Fusion Project Steering Committee has classified as "code" rather than "content".

"Content" means any copyrightable material that is not Code, such as, without limitation, (i) non-functional data sets, (ii) documentation, (iii) wiki edits, (iv) music files, (v) graphic image files, (vi) help files, and (vii) other kinds of copyrightable material that the RPM Fusion Project Steering Committee has classified as "content" rather than "code".

"Contribution" means a Work that You created, excluding any portion that was created by someone else. (For example, if You Submit a package to RPM Fusion, the spec file You write may be a Contribution, but all the upstream code in the associated SRPM that You did not write is not a Contribution for purposes of this FPCA.) A Contribution consists either of Code or of Content.

"Current Default License", with respect to a Contribution, means (i) if the Contribution is Code, the MIT License, and (ii) if the Contribution is Content, CC-BY-SA supplemented by Moral Rights Clause Waiver and GPL Relicensing Permission.

"RPM Fusion" means the community project led by the RPM Fusion Project Steering Committee http://rpmfusion.org/SteeringCommittee.

"RPM Fusion Community" means (i) all RPM Fusion participants, and (ii) all persons receiving Contributions directly or indirectly from or through RPM Fusion.

"GPL" means the GNU General Public License, version 2 or any later version published by the Free Software Foundation, or the GNU Affero General Public License, version 3 or any later version published by the Free Software Foundation.

"GPL-Covered Derivative" of a Contribution means an adaptation or derivative work of the Contribution, or a compilation that includes the Contribution (or such adaptation or derivative work), where such adaptation, derivative work, or compilation, if distributed or made available to the public, would be required to be licensed under the GPL because it is based on or includes a Work governed by the GPL.

"GPL Relicensing Permission", with respect to a Contribution licensed under CC-BY-SA, means a grant of additional copyright permission to distribute or make available to the public a copy of a GPL-Covered Derivative of the Contribution under the terms of the applicable version of the GPL, with no conditions of CC-BY-SA that would be treated as "further restrictions" within the meaning of the applicable version of the GPL surviving such distribution with respect to that copy.

"Licensed" means covered by explicit licensing terms that are conspicuous and readily discernible to recipients.

"MIT License" means the license identified as "Modern Style with sublicense" at https://rpmfusion.org/wiki/Licensing:MIT#Modern_Style_with_sublicense.

"Moral Rights Clause Waiver" means a waiver of the right to enforce, and an agreement not to assert, Section 4d of CC-BY-SA against the RPM Fusion Community, to the fullest extent permitted by applicable law.

"Submit" means to use some mode of digital communication (for example, without limitation, mailing lists, bug tracking systems, and source code version control systems administered by RPM Fusion) to voluntarily provide a Contribution to RPM Fusion.

"Unlicensed" means not Licensed.

"Work" means a copyrightable work of authorship. A Work may be a portion of a larger Work, and a Work may be a modification of or addition to another Work.

"You" means the individual accepting this instance of the FPCA.

If You are not the copyright holder of a given Contribution that You wish to Submit to RPM Fusion (for example, if Your employer or university holds copyright in it), it is Your responsibility to first obtain authorization from the copyright holder to Submit the Contribution under the terms of this FPCA on behalf of, or otherwise with the permission of, that copyright holder. One form of such authorization is for the copyright holder to place, or permit You to place, an Acceptable License For RPM Fusion on the Contribution.

2. Licensed Contributions.

If Your Contribution is Licensed, Your Contribution will be governed by the terms under which it has been licensed.

3. Default Licensing of Unlicensed Contributions.

If You Submit an Unlicensed Contribution to RPM Fusion, the license to the RPM Fusion Community for that Contribution shall be the Current Default License.

The RPM Fusion Project Steering Committee may, by public announcement, subsequently designate an additional or alternative default license for a given category of Contribution (a "Later Default License"). A Later Default License shall be chosen from the appropriate categorical sublist of Acceptable Licenses For RPM Fusion.

Once a Later Default License has been designated, Your Unlicensed Contribution shall also be licensed to the RPM Fusion Community under that Later Default License. Such designation shall not affect the continuing applicability of the Current Default License to Your Contribution.

You consent to having RPM Fusion provide reasonable notice of Your licensing of Your Contribution under the Current Default License (and, if applicable, a Later Default License) in a manner determined by RPM Fusion.

4. Public Domain United States Government Works.

Sections 1 through 3 of this FPCA do not apply to any Contribution to the extent that it is a work of the United States Government for which copyright is unavailable under 17 U.S.C. 105.

5. Acceptance.

You must signify Your assent to the terms of this FPCA through specific electronic means established by RPM Fusion (such as by click-through acceptance means).