The Traceability Enforcement of Datatransfers (TREND) project aims to address some of the current challenges in implementing data sovereignty solutions on a broader scale. The objective is to use state-of-the-art digital watermarking techniques to embed metadata securely in the data being exchanged, along with dedicated protocol-level checks for validation and enforcement. This enables system-independent sovereignty checks to secure the data assets of the data owner without privacy sacrifices.
This CLA enables the Contributor to submit Contributions to Fraunhofer, or to have them submitted, and to grant the rights stated below in such Contribution/s in their entirety. This CLA determines which of the Contributor’s rights in their Contributions to Fraunhofer will be granted by the Contributor to Fraunhofer and the conditions that must be observed in that regard.
By way of conclusion of this CLA, the Contributor accepts the following conditions for their current and future Contributions to Fraunhofer under this CLA. Except for the licenses granted in this CLA to Fraunhofer and the recipients of Works containing such Contribution distributed by Fraunhofer or any third-party authorized by Fraunhofer to do so, the Contributor reserves all rights in their Contributions.
Questions can be submitted to trend@isst.fraunhofer.de. The CLA is concluded when Fraunhofer expressly confirms the conclusion of the CLA or activates access to the Project Repository for the Contributor, thereby enabling the Contributor to submit Contributions.
(1) “Contribution” means any work protected under copyright, design and/or patent law, including any modifications of or additions to this work as well as adaptations of the work, that are submitted by the Contributor under this CLA as right holder or by parties legally or contractually entitled to do so by right holders to Fraunhofer for inclusion in works developed and distributed by Fraunhofer or any third-party authorized by Fraunhofer to do so. Within the meaning of this definition, “submit” means any form of electronic or written communication or delivery which is intentionally submitted to Fraunhofer to discuss or improve a current or future work or project undertaken by Fraunhofer, including but not limited to communications sent via electronic mailing lists, source code control systems and issue tracking systems as well as delivery of hardware; however, communications that the Contributor or any employee specifically named by him/her have clearly marked as “no contribution”, or which are otherwise identified as such in writing, are excluded.
(2) “Work” means any work protected under copyright, design and/or patent law containing a Contribution.
(3) “Committers” are persons named by Fraunhofer or by Contributors who have write access to works or projects undertaken by Fraunhofer within the Project or follow-up projects in a version control system.
(4) “Source Code” means the version of the code of the respective Contribution – if the Contribution is a software – in the programming language.
(5) “Object Code” means the product of a compilation or translation process of the Source Code.
(6) “Contributor” means the natural or legal person who concludes this CLA with Fraunhofer.
The Contributor hereby grants Fraunhofer and any third party who receives and/or uses a Work or the Contributions themselves – whether adapted or not - , insofar as applicable to the respective Contributions
- the royalty-free and non-exclusive right,
- transferable and sublicensable for commercial and non-commercial purposes,
- worldwide and perpetual,
- irrevocable and non-terminable,
to use the Contributions in their original form or in modified, translated, edited or transformed form on their own or as a part of a Work in the following ways:
- use them in any hardware and software environment, - insofar as the Contribution is a software – in particular to store or load
them permanently or temporarily, to display them and run them, including to the extent reproductions are necessary to that end,
- modify, translate, edit or transform them in another way,
- store, reproduce, exhibit or publish them, distribute them in tangible or intangible form, on any medium or in any other way, for commercial and non-commercial purposes, in particular to communicate them privately or publicly, also through image, audio and other information carriers, irrespective of whether by wire or wireless means,
- use them in databases, data networks and online services, including the right to make it available in Source Code or Object Code to users of the aforementioned databases, networks and online services for research and retrieval purposes,
- allow third parties to use or operate them,
- use them not only for own purposes but also to provide services to third parties,
- distribute them.
The above right of use relates to the Contributions, in particular – insofar as the Contribution is a software– their Source Code and Object Code in any and all forms. The above usage rights include – where applicable – design rights.
For avoidance of doubt, Fraunhofer is entitled to freely choose the licence conditions (e.g. so-called permissive, copyleft or proprietary licenses) under which a Work is made available and is not bound to specific licences; in particular, Fraunhofer is also entitled to grant third parties rights to a Work which are limited compared to rights of use for the Contributions granted above in this Section 2. Limitations arising for Fraunhofer from licensing conditions of further components of a Work remain unaffected.
(1) For any patents (including pending patent applications) owned and licensable by the Contributor at the time of the submission of the Contribution, the Contributor hereby grants Fraunhofer and any third party who receives and/or uses a Work containing the Contributions or the Contributions themselves - adapted or not - a
- perpetual,
- worldwide,
- non-exclusive,
- free of charge,
- irrevocable
patent license in all rights deriving from the patent to
- produce,
- arrange to have produced,
- use,
- offer for sale,
- sell,
- import and otherwise transfer
the Work or the respective Contributions.
However, this patent license covers only those rights deriving from the patent of the respective Contributor as are indispensable in order not to infringe that patent and only to the extent that the use of the Contributor’s respective Contribution, whether in itself or as a combination with other Contributions of the Contributor or any third parties together with the Work for which these Contributions were submitted, would otherwise infringe that patent. For avoidance of doubt, no patent licenses are granted for the use of a Work or the Contribution which become necessary for lawful use because third party modifications are made to the Work, or the respective Contribution after the Contribution has been submitted by the Contributor.
(2) The Contributor is entitled to decide in its own discretion to abandon respectively maintain any patent for which he has granted a patent license in accordance with para. 1 of this Section 3.
(1) The Contributor hereby represents that
- a. it is entitled to grant the usage rights and - to the extent applicable - patent licenses for Contributions under this CLA, and
- b. by granting usage rights under Section 2 above and patent licenses under Section 3 above, they are not infringing any rights granted by the Contributor to third parties.
(2) Furthermore, the Contributor hereby undertakes to identify by name all employees and service providers who submit Contributions or otherwise make them available to Fraunhofer in the Contributor’s name, and that all employees and service providers they identify by name to Fraunhofer are authorised to submit Contributions in the Contributor’s name; identifying the employees in this regard shall be at least in text form (as per Sec. 126b German Civil Code). It is the Contributor’s sole responsibility to notify Fraunhofer if changes need to be made to the list of named employees authorised to make Contributions in the Contributor’s name.
(3) If the Contributor wishes to submit a third-party work, this must take place separately from any Contribution, in which case the complete details of the source and all licenses or other limitations (including but not limited to any associated patents, trademarks and licensing agreements) which they are personally aware of must be provided. The corresponding work must be clearly identified as a third-party work when it is submitted.
The Contributor does not grant permission to use its trade names, trademarks, service marks or product names.
The Contributor is expressly permitted to use and exploit the Contributions on a commercial or non–commercial basis – individually, in part or as part of another work – in accordance with the rights held by the Contributor, provided that such other use or exploitation does not conflict with the rights granted under this CLA.
If Fraunhofer under a separate agreement assigns the role of a Committer to the Contributor and the Contributor accepts the role, the Contributor must comply with the guidelines, policies and codes of conduct imposed as part of the assignment.
Except in cases of intent and gross negligence, the Contributor, its legal representatives, trustees, officers and employees shall not be liable towards Fraunhofer for direct or indirect, material or immaterial losses of any kind arising from the use of the Contributions; this includes but is not limited to loss of goodwill, interruption of production, computer failures or errors, loss of data or economic losses, even if the Contributor has been made aware of the possibility of such losses. Notwithstanding the above, the Contributor shall only be liable under product liability law to the extent that the respective provisions are applicable to the Contributions.
Except in case of intent or gross negligence the Contributor, its legal representatives, trustees, officers and employees shall not be liable that any of the Contributions is free from any claim of infringement of any patent or any other intellectual property right owned by any third party, accurate, devoid of mistakes, complete and/or usable for any purpose.
(1) This CLA is effective upon its conclusion. This CLA is concluded between the Contributor and Fraunhofer when Fraunhofer expressly confirms the conclusion of the CLA or activates access to the Project Repository for the Contributor, thereby enabling the Contributor to submit Contributions.
(2) This CLA is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes between the parties regarding the interpretation of this CLA is Munich. This CLA or any provision thereof may be amended or modified only with the mutual consent of the contracting parties as set out in a written instrument. This requirement of written form can only be deviated from in writing.
(3) Any failure by Fraunhofer or the Contributor to insist that the other Party adhere to a provision of this CLA in a given situation does not affect the right of such Party to require adherence in the same regard at a later date. Waiving compliance with a provision in one situation shall not be deemed a waiver of compliance with that provision in the future or as a waiver of the provision in its entirety.
(4) If any provision of this CLA should prove to be invalid and unenforceable, then the validity of the remaining provisions shall remain unaffected. In this case, that provision will be replaced, as far as possible, by an enforceable provision that most closely reflects the meaning of the original provision.