Thank you for your participation in the OpenBACH Open Source Community (“OpenBACH
Community”), an open source community originally created and sponsored by the “Centre National
des Etudes Spatiales” (“CNES”) (the “CNES” being designed in this agreement as the
“OpenBACH” is the name of the software engineering and research platform, including its
documentation, the aim of which is to provide a benchmark of tests supervision/monitoring. It has
been promoted afterwards by CNES as a reference open-source software tool for use within its
research and development studies and activities in the domain of satellite communication systems
By distributing and making available the source codes of OpenBACH components “as is” under the
terms and conditions of the GNU General Public License version 3 (“GPL”), the intention of
the CNES is to facilitate its use and encourage any Contributions, improvement and perpetuation
of OpenBACH for the benefit of the whole OpenBACH Community, the objective of the CNES being also
to optimize and rationalize more the research and development in this domain, avoid duplication of
efforts and therefore facilitate programs of new satellite solutions. In order to better exchange,
share and learn information about OpenBACH, contributors will have also the possibility to
participate to meetings organized and announced by the Steering Committee of OpenBACH Community
on the web site
In this Contributor Agreement, “Contribution” shall mean any and all original work(s) of
authorship, including any modifications, corrections, translations, adaptations, additions and/or
new functions integrated into OpenBACH as well as any or all module, that is (intentionally)
submitted by any copyright owner (whether individual or company) (« Contributor(s) »), by
any electronic or written means, to the Steering Committee of OpenBACH Community, for possible
inclusion in OpenBACH. This inclusion will be decided at the entire discretion of the Steering
Committee of OpenBACH Community. (Nothing in this Agreement shall be deemed to require the
Steering Committee of OpenBACH Community to include the Contribution in any OpenBACH version).
In order to submit Contribution to OpenBACH and to define the intellectual property rights
granted with your Contribution, you must indicate your agreement to the terms of this Contributor
Agreement by completing the information required in bottom
formular and sending it.
Note that your name and email address may be visible worldwide via the internet.
PLEASE READ THIS DOCUMENT CAREFULLY AND RETAIN A COPY FOR YOUR PERSONAL RECORDS.
WHEREAS Contributor wishes to contribute certain intellectual property defined hereunder
for possible inclusion to OpenBACH.
NOW THEREFORE, in the consideration of the mutual covenants set forth herein and intending to
be legally bound, the parties agree as follows:
- INTELLECTUAL PROPERTY RIGHT
CNES remains the sole and exclusive copyright owner of OpenBACH Initial Work and except as
provided for in the GPL v3, reserves all right, title and interest in and to its Initial Work.
Any or all use of the Initial Work is subject to compliance with the terms and conditions
under which CNES has elected to distribute its Initial Work and no one shall be entitled to
modify the terms and conditions for the distribution of said Initial Work.
This Agreement does not grant permission to use the trade names, trademarks, service marks, or
product names of the Members of the Steering Committee , except for copyright notice to be
reproduced and the name OpenBACH as required by the terms and conditions of GPL for reasonable
and customary use in describing the origin of OpenBACH.
This Contributor agreement is for your protection as Contributor as well as for the protection
of the copyright owner of OpenBACH Initial Work and its users: it does not change your rights
to use your own Contributions for any other purpose.
By signing this Contributor Agreement, you hereby accept to grant to the Members of the
Steering Committee of OpenBACH Community, for the whole term of the protection granted by the
rights over your Contribution and only as far as necessary for implementation of your
Contribution into OpenBACH, a worldwide, non-exclusive, transferable, royalty free,
irrevocable copyright license to use, reproduce, alter, modify, prepare derivative works of,
publicly display, publicly perform, and distribute (internally and externally in object code or
source code form) your Contributions and such derivative works, with the right to sublicense
all of these rights through multiple sub-licensees. By granting such rights to the Members of
the Steering Committee, you accept that they may decide to include your Contributions or a part
thereof, as is or modified, into OpenBACH and therefore apply the terms and conditions of GPL
to your Contribution as new components included into OpenBACH. In any case, Members of the
Steering Committee undertake not to use your Contributions otherwise as expressly permitted
above in this Contributor Agreement or in a way that is contrary to the benefit or inconsistent
with the interests of OpenBACH Community.
Besides, if you own or come to own one or more patents protecting all or part of the functions
of OpenBACH, their Contribution or of its components, you undertake not to enforce the rights
granted by these patents against successive licensees using, exploiting or modifying OpenBACH.
If these patents are transferred, you undertake to have the transferees subscribe to the same
obligations set forth in this paragraph.
- GOVERNANCE OF OpenBACH COMMUNITY
The OpenBACH Community is governed and managed by a Steering Committee in charge of all
technical and administrative decisions concerning OpenBACH.
CNES as founders of OpenBACH Community and major contributors, are the first Members of such
Steering Committee. Depending on their Contributions into OpenBACH, the Steering Committee may
decide, by unanimous decision, to invite other important contributors to join the Steering
Committee as new Members.
- REPRESENTATIONS AND WARRANTIES / LIABILITY
You represent that you are legally entitled to grant the above license. If your employer(s) has
rights to intellectual property that you create that includes your Contributions, you represent
that you have received permission to make Contribution on behalf of that employer.
You represent that each of your Contributions is your original creation. If not, complete
details of any third party license or other restriction must be included in the
required field if any in your Contributions submissions
(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.
Contributors acknowledge that the scientific and technical state-of-the art when OpenBACH
Initial Work was distributed did not enable all possible uses to be tested and verified, nor
the presence of possible defects to be detected. As far as permitted by applicable law,
Members of the Steering Committee and Contributors will provide OpenBACH Initial Work and any
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,
NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
- LIABILITY OF THE STEERING COMMITTEE’S MEMBERS
The Members of the Steering Committee’s liability is limited to the commitments made under this
Contributor Agreement and shall not be incurred as a result of notably total or partial failure
of Contributor to fulfil its obligations, direct or consequential loss suffered by Contributors
due to the use or performance of OpenBACH. More generally, members of the Steering Committee
shall have no liability for any incidental, consequential, special, exemplary and punitive
damages, whether such claim is based on warranty, contract, tort (including negligence) or
otherwise. In particular, any and all pecuniary or business loss (i.e. loss of data, loss of
profits, operating loss, loss of customers or orders, any disturbance to business activities) or
any or all legal proceedings instituted against Contributors by a third party shall constitute
consequential loss and shall not provide entitlement to any compensation from Members of the
Members of the Steering Committee disclaims any and all liability as regards the Contributor’s
use of the name OpenBACH. No warranty is given as regards the existence of prior rights over
the name of OpenBACH or as regards the existence of a trademark.
- EFFECTIVE DATE
The effective date of this Agreement shall be the date of receipt of this Contributor Agreement,
together with its formular, duly completed and signed by
each Contributor, such date being confirmed by an automatic acknowledgement of receipt made by
the administrator of OpenBACH web site.
- GOVERNING LAW & DISPUTES
This Contributor Agreement shall be governed by the laws of France. Parties agree to endeavour
to seek an amicable solution to any disagreements or disputes that may arise during the
performance of this Agreement.
All disputes arising out of or in connection with the validity, interpretation, performance,
non-performance or termination of this Contributor Agreement shall be submitted to the Paris
Mediation and Arbitration Centre (CMAP) Rules of Mediation.
Failing an amicable solution within three (3) months as from their occurrence, and unless
emergency proceedings are necessary, the disagreements or disputes shall be referred to the
Paris Court jurisdiction by the more diligent Party.