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Contributor License Agreement

IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN THE PROJECT OWNER (DEFINED BELOW) AND YOU, AS A CONTRIBUTOR TO THE PROJECT OWNER'S "PROJECT" (DEFINED BELOW). BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "ACCEPT", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT.

Thank you ("You" or "Your") for Your interest in becoming a contributor to GigaSpaces Technology Ltd.'s ("GigaSpaces") OpenSpaces development framework and its extensions ("Contributor") through Your involvement in one of the development projects (each a "Project") available on www.openspaces.org (the "Site") and initiated by Project Owners. "Project Owners" include GigaSpaces or any member of the OpenSpaces community who receives approval from GigaSpaces to be a Project Owner and moderate its own Project(s) on the Site. Project Owners and their roles and responsibilities under Projects are more fully described in the OpenSpaces Terms of Use and the Project Owner Guide.

In order to participate in this community as a Contributor, You must accept and agree to this Project Contributor Agreement ("Project Contributor Agreement" or "Agreement") by checking the tick box in the Project Membership form relevant to the Project You wish to join, indicating Your acceptance of the terms and conditions of this Agreement.

This Agreement, together with the license granted by the Project Owner and posted on the respective Project homepage ("Project Homepage") of the Project You wish to join, will confirm, clarify and set the allocation of rights in Your contribution ("Your Contribution"). The Project Owner must have a Project Contributor Agreement on file that has been accepted by each Project contributor, indicating agreement to the terms below, prior to the Project Owner's use of the relevant contribution. This Agreement is for Your protection as a Contributor as well as the protection of the Site and its users.

The Project Owner to which You submit Your Contribution requests that You assign, free of charge, all intellectual property rights in Your Contribution to the Project Owner. At the same time, You will receive a license free of charge from such Project Owner to use Your Contribution, under the terms and conditions of the license posted by such Project Owner on its Project Homepage. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS AND CONDITIONS OF SUCH LICENSE ON THE RELEVANT PROJECT HOMEPAGE PRIOR TO ASSENTING TO THIS AGREEMENT. All other users of the Site will receive the same license free of charge to use Your Contribution under such Project license terms.

Please read this document carefully before assenting to its terms and print out a copy for Your records.

In consideration for the potential acceptance of Your Contribution to the Site, You agree to the following terms and conditions:

  1. The term "Your Contributions" means all of Your past, present and future contributions of object code, source code and documentation, as well as any other original work of authorship, including all revisions, plug-ins, applications and extensions made by You to any relevant Project, however submitted to the Project Owner.

  2. You hereby assign to the Project Owner any and all right, title and interest worldwide, including any and all intellectual property rights, including copyrights and patent rights owned by You, now or in the future, in Your Contribution.

  3. The Project Owner grants to You a license to Your Contribution, free of charge, pursuant to the terms and conditions of the license selected and posted by such Project Owner on its Project Homepage. Such license is limited to Your Contribution only and does not provide You any rights whatsoever in or to any Project. You hereby represent that You understand, acknowledge and agree to the terms and conditions of the relevant license posted on the Project Homepage of the Project You wish to join as a Contributor. It is Your responsibility to review the terms and conditions of such license on the Project Homepage prior to assenting to this Agreement.

    TO VIEW THE RELEVANT PROJECT LICENSE, PLEASE VISIT THE RELEVANT PROJECT HOMEPAGE. YOU MAY ACCESS SUCH HOMEPAGE FROM THE PROJECT DIRECTORY.

  4. You represent that each of Your Contribution(s) is Your original creation including that You are legally entitled to assign the rights as set forth in paragraphs 2 above. If any other third party, including Your employer(s) have rights to intellectual property that You create, You represent that You have received permission to make Your Contributions and assign all rights in them to the Project Owner on behalf of that third party, or that the third party has waived such rights for Your Contributions to such Project Owner.

  5. You agree to notify the Project Owner as well as the OpenSpaces.org administrator (the "Site Admin") promptly of any facts or circumstances of which You become aware that would make Your representations in this Agreement inaccurate in any respect.

  6. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AGREED BY THE PARTIES IN WRITING (INCLUDING AS SPECIFIED HEREIN), YOU PROVIDE YOUR CONTRIBUTIONS AS IS, AND DISCLAIM THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  7. THE LICENSE(S) GRANTED TO YOU BY THE PROJECT OWNER TO YOUR CONTRIBUTIONS IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. THE PROJECT OWNER DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  8. IN NO EVENT SHALL YOU, THE PROJECT OWNER OR GIGASPACES (WHETHER OR NOT IT IS A PROJECT OWNER), BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE OWNERSHIP, TRANSFER OR USE OF YOUR CONTRIBUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, UNLESS PROHIBITED BY LAW, THE PROJECT OWNER'S AND/OR GIGASPACES' LIABILITY SHALL BE LIMITED TO US $1.00 (ONE U.S DOLLAR).

  9. This Agreement is governed by the laws of the State of Israel and any dispute arising out of or in connection with this Agreement is hereby submitted to the sole and exclusive jurisdiction of the competent courts in Tel Aviv, Israel, excluding its conflicts of laws principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.

  10. In the event of invalidity of any provision of this agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement.

  11. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements with respect thereto.

  12. This Agreement may not be modified except by written instrument signed by a duly authorized representative of each party hereto.
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