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219 lines
11 KiB
Plaintext
219 lines
11 KiB
Plaintext
Codership
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Contributor License Agreement
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Codership CLA
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Thank you for your interest in contributing to Galera Cluster, a project
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managed by Codership Oy, a legal entity established under Finnish laws, with
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its principal address at Pohjolankatu 64 A, 00600 Helsinki Finland ("We", "Us"
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or "Our").
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This contributor agreement ("Agreement") documents the rights granted by
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contributors to Us. To make this document effective, please either accept it
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in an electronic service such as clahub.com or sign and scan it and send it to
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Us by email. This is a legally binding document, so please read it carefully
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before agreeing to it. This Agreement covers the Galera Cluster project: the
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Galera library, the wsrep-lib library, the wsrep-API library, the Wsrep patch
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for MySQL and other eventual patches to MySQL or other technologies.
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1. Definitions
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"You" means the individual who Submits a Contribution to Us or the Legal
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Entity on behalf of whom a Contribution has been Submitted to Us. "Legal
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Entity" means an entity which is not a natural person. "Affiliates" means
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other Legal Entities that control, are controlled by, or under common control
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with that Legal Entity. For the purposes of this definition, "control" means
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(i) the power, direct or indirect, to cause the direction or management of
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such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty
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percent (50%) or more of the outstanding shares or securities which vote to
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elect the management or other persons who direct such Legal Entity or (iii)
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beneficial ownership of such entity.
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"Contribution" means any work of authorship that is Submitted by You to Us in
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which You own or assert ownership of the Copyright. If You do not own the
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Copyright in the entire work of authorship, you need to have a separate
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permission from Us.
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"Copyright" means all rights protecting works of authorship owned or
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controlled by You, including copyright, moral and neighboring rights, as
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appropriate, for the full term of their existence including any extensions by
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You.
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"Material" means the work of authorship which is made available by Us to third
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parties, i.e. the Galera library, the Wsrep patch for MySQL; other eventual
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patches to MySQL; other eventual patches to other database technologies; all
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these together with a database technology, such as MySQL, or its
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derivatives. After You Submit the Contribution, it may be included in the
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Material.
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"Submit" means any form of electronic, verbal, or written communication sent
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to Us or our representatives, including but not limited to electronic mailing
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lists, source code control systems, and issue tracking systems that are
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managed by, or on behalf of, Us for the purpose of discussing and improving
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the Material, provided that such communication is (i) conspicuously marked or
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otherwise designated in writing by You or Your employee as a "Contribution" or
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(ii) submitted in source code control system pursuant to Section 3 (e).
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"Submission Date" means the date on which You Submit a Contribution to Us.
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"Effective Date" means the date You execute this Agreement or the date You
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first Submit a Contribution to Us, whichever is earlier.
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"Media" means any portion of a Contribution which is not software.
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2. Grant of Rights
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2.1 Copyright License
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(a) You retain ownership of the Copyright in Your Contribution and have the
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same rights to use or license the Contribution which You would have had
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without entering into the Agreement. In case we have in writing permitted
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submitting a sublicense to licensed rights, You will not transfer the original
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license, but grant us a sublicense in accordance with this Agreement.
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(b) To the maximum extent permitted by the relevant law, You grant to Us a
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perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable
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license under the Copyright covering the Contribution, with the right to
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sublicense such rights through multiple tiers of sublicensees, to reproduce,
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modify, display, perform and distribute the Contribution as part of the
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Material; provided that this license is conditioned upon compliance with
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Section 2.3.
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2.2 Patent License
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For patent claims including, without limitation, method, process, and
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apparatus claims which You, or in case You are a Legal Entity, You or Your
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Affiliates, own, control or have the right to grant, now or in the future, You
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grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free,
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irrevocable patent license, with the right to sublicense these rights to
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multiple tiers of sublicensees, to make, have made, use, sell, offer for sale,
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import and otherwise transfer the Contribution and the Contribution in
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combination with the Material (and portions of such combination). This license
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is granted only to the extent that the exercise of the licensed rights
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infringes such patent claims; and provided that this license is conditioned
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upon compliance with Section 2.3.
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2.3 Outbound License
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As a condition on the grant of rights in Sections 2.1 and 2.2, to the extent
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we include Your Contribution or a part of it in a Material, we agree to
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license the Contribution under the terms of the license or licenses which We
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are using on the Submission Date for the Material or any licenses which are
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approved by the Open Source Initiative ("OSI") on or after the Effective Date,
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including both permissive and copyleft licenses, whether or not such licenses
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are subsequently disapproved (including any right to adopt any future version
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of a license if approved by the OSI). For clarity, this entitles us to license
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Your Contribution also under a permissive open source license, such as the MIT
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license, and include binaries created under the MIT license in a proprietary
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licensed whole.
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In addition to above defined licenses, We may use the following licenses for
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Media in the Contribution: Creative Commons BY 3.0 or Creative Commons BY-SA
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3.0 (including the right to adopt any future version of a license).
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2.4 Moral Rights.
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If moral rights apply to the Contribution, to the maximum extent permitted by
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law, You waive and agree not to assert such moral rights against Us or our
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successors in interest, or any of our licensees, either direct or indirect.
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2.5 Enforcement.
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You, as a copyright holder to Your Contribution, hereby authorize us to
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enforce the OSI approved license applied by Us to a Material, but only to the
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extent Your Contribution has been included in a Material and always subject to
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Our free discretion on whether such enforcement is necessary or not.
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2.6 Our Rights.
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You acknowledge that We are not obligated to use Your Contribution as part of
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the Material and may decide to include any Contribution We consider
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appropriate.
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2.7 Reservation of Rights.
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Any rights not expressly licensed under this section are expressly reserved by
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You.
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3. Agreement
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You confirm that:
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(a) You have the legal authority to enter into this Agreement.
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(b) You or Your Affiliates, own the Copyright and patent claims covering the
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Contribution which are required to grant the rights under Section 2.
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(c) The grant of rights under Section 2 does not violate any grant of rights
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which You or Your Affiliates have made to third parties, including Your
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employer. If You are an employee, You have had Your employer approve this
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Agreement or sign the Entity version of this document. If You are less
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than eighteen years old, please have Your parents or guardian sign the
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Agreement.
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(d) You have not Submitted any Code You do not own without written permission
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from US.
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(e) All pull or merge requests issued under usernames confirmed by You in
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writing are issued by You; and all such pull or merge requests contain
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Your Contributions under this Agreement. You will notify Us in writing in
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the event of You no longer control such usernames.
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4. Disclaimer
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EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED
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"AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING,
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WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO
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US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY
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IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
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5. Consequential Damage Waiver
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE
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LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA,
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INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT
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OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT
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OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
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THIS WAIVER DOES NOT APPLY TO GROSS NEGLIGENT OR MALICIOUS ACTS OR FRAUD.
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6. Miscellaneous
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6.1 This Agreement will be governed by and construed in accordance with the
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laws of Finland excluding its conflicts of law provisions. Under certain
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circumstances, the governing law in this section might be superseded by the
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United Nations Convention on Contracts for the International Sale of Goods
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("UN Convention") and the parties intend to avoid the application of the UN
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Convention to this Agreement and, thus, exclude the application of the UN
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Convention in its entirety to this Agreement.
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6.2 Any and all Submissions done by You prior to execution of this Agreement
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shall be nonetheless covered by this Agreement.
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6.3 This Agreement sets out the entire agreement between You and Us for Your
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Contributions to Us and overrides all other agreements or understandings.
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6.4 If You or We assign the rights or obligations received through this
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Agreement to a third party, as a condition of the assignment, that third party
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must agree in writing to abide by all the rights and obligations in the
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Agreement.
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6.5 The failure of either party to require performance by the other party of
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any provision of this Agreement in one situation shall not affect the right of
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a party to require such performance at any time in the future. A waiver of
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performance under a provision in one situation shall not be considered a
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waiver of the performance of the provision in the future or a waiver of the
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provision in its entirety.
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6.6 If any provision of this Agreement is found void and unenforceable, such
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provision will be replaced to the extent possible with a provision that comes
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closest to the meaning of the original provision and which is enforceable.
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The terms and conditions set forth in this Agreement shall apply
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notwithstanding any failure of essential purpose of this Agreement or any
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limited remedy to the maximum extent possible under law.
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This document has been drafted based on Harmony Inividual Contributor License
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Agreement (HA-CLA-I) Version 1.0 July 4, 2011. HA-CLA-I is available from
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harmonyagreements.org and is licensed by under Creative Commons Attribution
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3.0 Unported License.
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