OpenPKG Contributor Agreement

OPENPKG CONTRIBUTOR AGREEMENT (OCA)
===================================

PREAMBLE
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Thank you for your interest in contributing to the OpenPKG Project.

To protect the clear and straightforward license, issued to
everyone by the OpenPKG Project, from being attenuated and undermined
by third parties' rights, it is necessary that contributors ensure
the OpenPKG Project receives all rights required to continue this
offering.

This agreement conclusively and clearly sets out responsibilities
and obligations regarding intellectual properties and patent issues
that may arise with your contribution and defines the inevitable
transfer of rights to the OpenPKG Project. Once your contribution is
adopted by the OpenPKG Project you immediately benefit from relieved
maintenance efforts. Please understand that the OpenPKG Project has no
obligation to accept or use your contribution.

In simple terms this agreement means, you

1. identify yourself
2. deliberately accept OpenPKG policies
3. understand the transfer of rights
4. state your contribution is free of third parties' rights
5. state your contribution is not covered by patents
6. represent that you are legally empowered to accede the agreement
7. irrevocably transfer rights to the OpenPKG Project
8. assume OpenPKG Project publishes the contribution under
   the OpenPKG Project license
9. may terminate the agreement

AGREEMENT
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This agreement constitutes a valid and binding agreement between you,
the natural person, or entity you are the legitimate representative
of, and Ralf S. Engelschall, Silnerstr. 28, 85221 Dachau, GERMANY,
representing the OpenPKG Project hosted under the Internet Domain
Name openpkg.org for want of a legal entity, hereinafter referred to
as "OpenPKG Project". You...

1. identify yourself:

   You are identified by the Full Name and E-Mail address you allege
   at the "signature" area below. Unless you state to represent a
   named legal entity you represent your individual person.

2. deliberately accept OpenPKG policies:

   You know about the OpenPKG policies (for details see
   http://openpkg.org/go/policies), have read and understood them,
   including the definition of what a contribution is and you have
   sound a idea of how to express your intention to contribute.

3. understand the transfer of rights:

   Subject to applicable law "transfer of rights" preferably means
   you either a) assign the existing copyright, or b) grant all
   exclusive usage rights, of the contribution to the OpenPKG Project.
   Known examples for countries where exclusive license grant is to be
   used over copyright assignment include Austria, Germany, Hungary
   and Slovenia.

   The transfer of rights becomes effective on the date you first
   submit a contribution to the OpenPKG Project, even if that
   contribution happened in the past. The transfer of rights includes
   future contributions until you resign from and terminate this
   agreement.

4. state your contribution is free of third parties' rights:

   To the best of your knowledge, no government license or permission
   is required for the export, import, transfer or use of your
   contribution.

   In some countries, law may provide that the employer is deemed to
   be the owner of the rights on materials developed by an employee
   in the course of his or her employment, unless the parties have
   agreed otherwise. You are aware of these provisions, and therefore
   warrant that the contribution is free of any of your employer's
   exploitation rights.

   You warrant that your contribution, to the best of your knowledge,
   does not violate any other parties' copyrights, trademarks,
   patents or other intellectual property rights and no claim or
   dispute has been alleged, threatened, made or filed in connection
   with the ownership, use or distribution of your contribution.

   In case of contributor death and more than one heir, all heirs
   have to exercise their rights through a common authorized person.

5. state your contribution is not covered by patents:

   You warrant that your contribution, to the best of your knowledge,
   is free of patents.

6. represent that you are legally empowered to accede the agreement:

   You represent that you are the current owner of all rights to be
   transferred and you are legally empowered to accede the agreement.

7. irrevocably transfer rights to the OpenPKG Project:

   You hereby irrevocably transfer your rights of the contribution to
   the OpenPKG Project. The transfer is perpetual, all-embracing and
   worldwide. Neither charges nor royalties will ever become due.

8. assume OpenPKG Project publishes the contribution under
   the OpenPKG Project license:

   The OpenPKG Project publishes the contribution under the OpenPKG
   Project license [1], basically allowing everyone including yourself
   to use the contribution.

9. may terminate the agreement:

   In case you resign from and terminate this agreement, the terms of
   this agreement shall remain in full force and effect with respect
   to any contribution submitted prior to the termination date of
   this agreement.

Due to a contract between Ralf S. Engelschall and the OpenPKG
Foundation e.V. signed off 2007-12-31 and in force from 2008-01-01,
Ralf S. Engelschall conditionally transfers his rights regarding
OpenPKG "Packages" to the OpenPKG Foundation e.V. as long as the
intention of the Foundation, according to the constitution, lists:
"Intention of the Foundation is the ideational, financial, material
and manned support of the ... Software Project OpenPKG". Therefore,
the license headers list the OpenPKG Foundation e.V. as the copyright
holder.

LICENSE
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Copyright (c) 2000-2008 OpenPKG Foundation e.V. <http://openpkg.net/>

Permission to use, copy, modify, and distribute this software for
any purpose with or without fee is hereby granted, provided that
the above copyright notice and this permission notice appear in all
copies.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.

GENERAL
-------

This agreement contains the entire agreement between the parties, and
supersedes all prior agreements.

Headings under this agreement are intended only for convenience and
shall not affect the interpretation of this agreement.

No failure of either party to exercise or enforce any of its rights
under this agreement will act as a waiver of those rights. This
agreement may only be modified or terminated by a written document
executed by the party against which it is asserted.

If any provision of this agreement is found illegal or unenforceable,
it will be enforced to the maximum extent permissible, and the
legality and enforceability of the other provisions of this agreement
will not be affected.

This agreement is governed by German law.

If you have any questions about this agreement please do not
hesitate to contact the OpenPKG Project. Direct all traditional
paper correspondence to the official project address as listed
above. You find the most recent contact information on the website
http://openpkg.org/

This is document version 1.2, valid as of 2008-01-01. You can
find the most recent version of this document on the website
http://openpkg.org/go/oca

Signature
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