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DCTS Contributor Rights Assignment Agreement ​

Version 1.0

Thank you for your interest in contributing to DCTS.

This Contributor Rights Assignment Agreement (“Agreement”) documents the rights assigned by contributors to Marcel S., operator and maintainer of DCTS (“DCTS”, “We”, “Us” or “Our”).

By accepting this Agreement, You agree to the following terms.

1. Definitions ​

“You” means the individual or legal entity that owns or controls the rights in a Contribution and submits that Contribution to Us.

“Contribution” means any software, source code, object code, documentation, artwork, design, modification, addition, translation, idea expressed in copyrightable form or other material intentionally submitted by You for inclusion in or use with DCTS.

“Submit” means any communication or delivery made through a source-code repository, pull request, issue tracker, electronic communication or another contribution system.

“Material” means DCTS and any related software, documentation, product, service, project or derivative work.

2. Assignment of rights ​

You hereby exclusively, permanently and irrevocably assign to Us, to the maximum extent permitted by applicable law, all transferable rights, title and interest in and to Your Contribution.

This assignment includes all present and future copyright exploitation rights, related rights, neighbouring rights and other transferable intellectual-property rights for the full duration of those rights and for all countries and territories.

Where any right cannot legally be assigned, You grant Us an exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable and royalty-free licence to exercise that right without restriction.

The rights assigned or licensed to Us include the exclusive right to:

  • use, copy, reproduce and store the Contribution;

  • publish and make the Contribution available to the public;

  • distribute the Contribution in source-code, object-code or any other form;

  • modify, adapt, translate, arrange and otherwise alter the Contribution;

  • create and exploit derivative works;

  • combine the Contribution with other material;

  • commercially and non-commercially exploit the Contribution;

  • sell, rent, lease, license and sublicense the Contribution;

  • enforce the assigned rights against third parties;

  • register or record rights relating to the Contribution;

  • transfer some or all rights to another person or legal entity; and

  • authorise third parties to perform any of these actions.

The assignment applies to all currently known and future forms of use, distribution, exploitation, technology and media.

3. Exclusive control ​

Except for rights that cannot legally be transferred or restricted, You retain no right to use, license, sublicense, distribute, commercially exploit or otherwise exercise the assigned rights in the Contribution without Our prior written permission.

We have the exclusive right to decide whether and how the Contribution is used, modified, published, licensed, distributed, monetised, discontinued or transferred.

We are not required to use, publish, maintain or attribute the Contribution.

4. Licensing and relicensing ​

We may use, license, sublicense or distribute the Contribution under any terms We choose, including:

  • open-source licences;

  • free-software licences;

  • permissive licences;

  • copyleft licences;

  • source-available licences;

  • commercial licences;

  • proprietary or closed-source licences;

  • dual-licensing or multi-licensing models; and

  • licence terms created or selected after the Contribution was submitted.

We may change the licence applicable to DCTS or the Contribution without obtaining additional permission from You.

We may charge fees for access to, licensing of, distribution of or services relating to the Contribution.

5. Consideration ​

You make the Contribution and assign the rights voluntarily and without entitlement to payment, royalties, revenue sharing or other compensation.

You acknowledge that Our consideration includes evaluating the Contribution and potentially incorporating it into DCTS.

6. Patent rights ​

You grant and, where legally possible, assign to Us an exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable and royalty-free licence under all patent claims owned or controlled by You that would necessarily be infringed by:

  • Your Contribution;

  • the use or exploitation of Your Contribution; or

  • the combination of Your Contribution with DCTS or other Material.

This includes the right to make, have made, use, sell, offer for sale, import, export, distribute, license, sublicense and otherwise transfer the Contribution.

Where an exclusive patent licence cannot legally be granted, You grant Us the broadest legally permissible patent licence.

7. Moral rights ​

You retain any moral rights that cannot legally be transferred or waived.

To the maximum extent permitted by applicable law, You waive and agree not to assert any moral rights, rights of attribution, rights of integrity or similar rights that could restrict Our use, modification, licensing or exploitation of the Contribution.

Where such rights cannot be waived, You irrevocably consent to all acts and omissions by Us or Our licensees that would otherwise infringe those rights, including modification, translation, combination, removal of attribution and publication without Your name.

8. Contributor representations ​

You represent and warrant that:

  • You have the legal authority to accept this Agreement;

  • You own or control all rights required to make the assignment;

  • the Contribution is Your original work or You have obtained all required permissions;

  • the Contribution does not knowingly infringe third-party rights;

  • the Contribution is not subject to conflicting licence terms or obligations;

  • You have disclosed all third-party material and applicable licence conditions;

  • no other person or entity has exclusive rights that conflict with this Agreement; and

  • where the Contribution was created during employment, Your employer has authorised the Contribution and this assignment.

You must promptly inform Us if any of these statements become inaccurate.

9. Further assistance ​

You agree to reasonably assist Us, at Our expense, with documenting, registering, enforcing or defending the assigned rights.

You authorise Us to execute documents on Your behalf solely where legally permitted and reasonably necessary to give effect to this Agreement, provided that We first reasonably attempt to obtain Your cooperation.

10. Confidentiality ​

Unless a separate written confidentiality agreement exists, Contributions are not confidential.

You must not submit confidential information, trade secrets or material that You are not authorised to disclose.

11. Disclaimer ​

The Contribution is provided “as is”.

To the maximum extent permitted by applicable law, You disclaim all express or implied warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.

You are not required to provide support, maintenance, updates or additional Contributions.

Neither party is liable for indirect, incidental, special or consequential damages arising from this Agreement, except where liability cannot legally be excluded.

12. Irrevocability and survival ​

This Agreement takes effect when You accept it.

The assignment and licences granted under this Agreement are permanent and irrevocable to the maximum extent permitted by law.

Stopping future contributions, leaving the project or terminating participation does not affect rights already assigned or licensed.

All licences, sublicences, transfers and other rights previously granted by Us remain valid permanently.

13. Governing law ​

This Agreement is governed by the laws of the Republic of Austria, excluding its conflict-of-law rules.

To the extent legally permitted, the competent courts at the location of Our ordinary residence in Austria shall have exclusive jurisdiction.

14. General provisions ​

This Agreement constitutes the entire agreement concerning Your Contribution and replaces previous understandings concerning its ownership and use.

Changes to this Agreement must be made in writing and accepted by both parties.

If any provision is invalid or unenforceable, it shall be replaced by an enforceable provision that most closely reflects its intended legal and economic effect. The remaining provisions remain effective.

Failure to enforce a provision does not waive that provision.

The headings are provided only for convenience and do not affect interpretation.

15. Contact ​

Project: DCTS
Website: https://dcts.community
Email: support@dcts.community

Rights holder and project operator:

Marcel S.
Austria