This contributor license agreement ("Agreement") describes a contract between You and HTC Corporation and its affiliates ("HTC") for Your present and future Contribution (as defined below) in this project (e.g. submit an issue or a pull request). Please read it carefully before submitting Your Contribution to the project. By submitting Your Contribution, You accept this license. If You do not agree to the terms of this Agreement, please do not submit Your Contribution to this project.
This version of the Agreement allows a corporate entity ("Corporation") to submit Contribution to HTC, to authorize Contribution submitted by its designated employees to HTC, and to grant a license thereto.
"Contribution" means the code, documentation or any original work of authorship that is submitted by you to HTC for inclusion in, or documentation of, the software or any products developed or managed by HTC ("Work"). "You" (or "Your") means with respect to the Contribution the owner or legal entity authorized by the owner that is making this Agreement with HTC. 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.
Except for the license granted to HTC and recipients of Work, you reserve all right, title and interest in and to your Contribution. You grant HTC and its recipients a perpetual, non-exclusive, irrevocable, royalty-free, worldwide copyright license to make, use, sell, reproduce, modify, publicly display and perform, distribute (directly and indirectly), and sublicense your Contribution, and any derivative works to your Contribution as part of Work. You acknowledge and agree that based on the grant of rights under this Agreement, if HTC includes your Contribution in Work, HTC may license the Contribution under the terms of the license with respect to the Work between HTC and third parties.
You irrevocably covenants that you will not assert any of your patent rights against HTC for Permitted Use, where such covenant not to assert applies only to those patent claims that are necessarily infringed by your Contribution alone or by combination of your Contribution with the Work to which such Contribution(s) was submitted. For the purpose of this Section, "Permitted Use" means HTC’s making, having made, reproduction, modification, public display and performance, distribution or/and sublicense of your Contribution and/or any derivative works to your Contribution as part of Work.
You acknowledge that HTC is not obligated to use your Contribution as part of the Work and may decide include any Contribution at HTC’s sole discretion.
You warrant and represent that each of Your Contribution is entirely Your original work. Should you wish to submit a suggestion or work that is not your original creation, you may submit it to HTC separately from any Contribution, explicitly identifying the complete details of its source and of any license or other restrictions of which you are personally aware.
You warrant and represent that (1) You have the legal authority to enter into this Agreement; (b) if You are a corporate entity, each employee of the Corporation designated by You is authorized to submit Contribution on behalf of the Corporation; (c) each of Contribution is Your original creation which does not contain any third party’s software (including but not limited to open source software) and you have the sole and complete authority to grant this license to HTC; and (d) Your license to HTC under this Agreement does not require any permission from any third party and will not violate any grant of rights which you have made to third parties.
UNLESS REQUIRED BY APPLICABLE LAW OR EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, YOU PROVIDE YOUR CONTRIBUTION ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
You agree to notify HTC of any facts or circumstances of which You become aware that would make the representations above inaccurate in any respect.
Please email us anytime with suggestions or just let us know you are using this utility. vivesoftware@htc.com