Thank you for your interest in contributing to our open source software projects ("Projects"). This Contributor License Agreement ("Agreement") sets out the terms governing any source code, object code, bug fixes, configuration changes, tools, specifications, documentation, data, materials, feedback, information, or other works of authorship that you submit or have submitted in any form or manner to PhotoPrism UG ("PhotoPrism", "we", or "us") with respect to the Projects (collectively, "Contributions").
- After you submit your first pull request, you will be asked to accept this CLA. It preserves our ability to license our software and documentation according to our terms.
- Changing the license may be necessary, for example, if the license is incompatible with a larger combined work, we want to lift some restrictions of the AGPL/Creative Commons license, or it turns out that someone is abusing the existing license in ways we don't yet know about.
- The lack of a formal contract would also lead to legal uncertainty for us and all users, as some contributors could later claim that their code was never intended as, or authorized to be used as a contribution.
- We reserve the right to update this Agreement (1) to reflect changes in our business entity, name or address, (2) for legal or regulatory reasons, or (3) to improve readability and to make clarifications that our community requests.
- If you have any questions about this Agreement, please contact us at hello@photoprism.app.
Last Updated: April 29, 2022
You agree that the following terms apply to all of your past, present and future Contributions. Except for the rights and licenses granted in this Agreement, you retain all of your rights, title and interest in and to your Contributions. We ask that other authors also consent to this Agreement if you do not own the entire copyright in the Contributions you submit.
If you agree not as an individual, but on behalf of your company, government, or other entity for which you are acting (e.g., as an employee or government official), then "you" means your entity, and you bind your entity to this Agreement. You warrant that you have the legal authority to enter into this Agreement.
Copyright License. You hereby grant, and agree to grant, to PhotoPrism a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable right to reproduce, prepare derivative works of, publicly display, publicly perform, exploit and distribute your Contributions and such derivative works, with the right to sublicense the foregoing rights through multiple tiers of sublicensees, and to transfer the above rights to third parties, in any possible manner. For the avoidance of doubt, this includes the right to apply any license to the Contributions that PhotoPrism considers fit for the respective purpose as decided by PhotoPrism in its sole discretion, including other open-source, copyleft, and proprietary licenses.
Patent License. You hereby grant, and agree to grant, to PhotoPrism an exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer your Contributions, where such license applies only to those patent claims licensable by you that are necessarily infringed by your Contributions alone or by combination of your Contributions with the Project to which such Contributions were submitted, with the right to sublicense the foregoing rights through multiple tiers of sublicensees, and to transfer the above rights to third parties, in any possible manner. For the avoidance of doubt, this includes the right to apply any license to the Contributions that PhotoPrism considers fit for the respective purpose as decided by PhotoPrism in its sole discretion, including other open-source, copyleft, and proprietary licenses.
Moral Rights. To the fullest extent permitted under applicable law, you hereby waive, and agree not to assert, all of your “moral rights” in or relating to your Contributions for the benefit of PhotoPrism, its assignees, and their respective direct and indirect sublicensees.
Third Party Content/Rights. If your Contribution includes or is based on any source code, object code, bug fixes, configuration changes, tools, specifications, documentation, data, materials, feedback, information or other works of authorship that were not authored by you („Third Party Content”) or if you are aware of any third party intellectual property or proprietary rights associated with your Contribution („Third Party Rights”), then you agree to include with the submission of your Contribution full details respecting such Third Party Content and Third Party Rights, including, without limitation, identification of which aspects of your Contribution contain Third Party Content or are associated with Third Party Rights, the owner/author of the Third Party Content and Third Party Rights, where you obtained the Third Party Content, and any applicable third party license terms or restrictions respecting the Third Party Content and Third Party Rights. For greater certainty, the foregoing obligations respecting the identification of Third Party Content and Third Party Rights do not apply to any portion of a Project that is incorporated into your Contribution to that same Project. You agree not to use any Third Party Content in your Contribution that is licensed under conditions that do not allow you to grant us the rights as described herein.
Representations. You represent that, other than the Third Party Content and Third Party Rights identified by you in accordance with this Agreement, you are the sole author of your Contributions and are legally entitled to grant the foregoing licenses and waivers in respect of your Contributions. If your Contributions were created in the course of your employment with your past or present employer(s), you represent that such employer(s) has authorized you to make your Contributions on behalf of such employer(s) or such employer (s) has waived all of their right, title or interest in or to your Contributions.
Disclaimer. To the fullest extent permitted under applicable law, your Contributions are provided on an "as-is" basis, without any warranties or conditions, express or implied, including, without limitation, any implied warranties or conditions of non-infringement, merchantability or fitness for a particular purpose. You are not required to provide support for your Contributions, except to the extent you desire to provide support.
No Obligation. You acknowledge that PhotoPrism is under no obligation to use or incorporate your Contributions into any of the Projects. The decision to use or incorporate your Contributions into any of the Projects will be made at the sole discretion of PhotoPrism or its authorized delegates.
Disputes. This Agreement shall be governed by and construed in accordance with the laws of Germany, without giving effect to its principles or rules regarding conflicts of laws, other than such principles directing application of German law, and the United Nations Convention on Contracts for the International Sale of Goods, CISG. The parties hereby submit to venue in, and jurisdiction of the courts located in Berlin, Germany for purposes relating to this Agreement. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.
Assignment. You agree that PhotoPrism may assign this Agreement, and all of its rights, obligations and licenses hereunder.
