In order to clarify the intellectual property license granted with Contributions from any person or entity in the context of the Open Source Group TeraFlowSDN or OSG TFS (the “Project”), ETSI must have a Contributor License Agreement (CLA) on file that has been signed by each Contributor to the Project, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of ETSI and the Project users; it does not change your rights to use your own Contributions for any other purpose.

This Agreement allows an entity (the “Corporation”) to submit contributions to the Project, to authorize Contributions submitted by its employees to the Project, and to grant copyright and patent licenses thereto.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to the Project. In return, ETSI shall not use Your Contributions in a way that is inconsistent with its nonprofit status and bylaws in effect at the time of the Contribution. Except for the license granted herein to ETSI and recipients of software distributed by ETSI, You reserve all right, title, and interest in and to Your Contributions.

  1. Definitions “You” (or “Your”) shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with ETSI. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. “Contribution” shall mean any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to ETSI for inclusion in, or documentation of, the Project’s results (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, ETSI or its representatives, for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as “Not a Contribution.”

  2. Grant of Copyright License Subject to the terms and conditions of this Agreement, You hereby grant to ETSI and to recipients of the Work distributed by ETSI a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, modify, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.

  3. Grant of Patent License Subject to the terms and conditions of this Agreement, and provided you don’t have a conflict with previous commitment related to patent(s) contemplated by Your Contribution You hereby grant to ETSI and to recipients of the Work distributed by ETSI a perpetual, worldwide, non- exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, 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 Work to which such Contribution(s) was submitted or derivative versions of the Work integrating such Contribution. 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 Work 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 Work shall terminate as of the date such litigation is filed.

  4. You represent that you are legally entitled to grant the above license. You represent further that each employee of the Corporation is authorized to submit Contributions on behalf of the Corporation.

  5. You represent that each of Your Contributions is Your original creation (see Section 7 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.

  6. You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NONINFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

However, should You become aware and identify, after submitting a Contribution, of third parties’ rights which might be infringed by your Contribution, you commit to inform ETSI of this promptly, in order that the latter may withdraw the Contribution from the Work, as necessary.

  1. Should You wish to submit work that is not Your original creation, You may submit it to ETSI separately from any Contribution, identifying the complete details of its source and of any 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]”.

  2. You may submit Contributions as long as you participate as an ETSI member to the Project in the context of the Open Source Member Agreement related to TeraFlowSDN. Should you terminate the aforementioned agreement, You shall then stop submitting further Contributions.