[CUWiN-Dev] **IMPORTANT** Proposed CUWiN Developer Agreement

[Matt Isaacs]

Listed below is a proposed draft for a CUWiN developer agreement.

Please review it and forward any comments to the Dev list (
cu-wireless-dev at lists.cuwireless.net).

We need your feedback prior to Wednesday, October 11.

Thank you.



            CUWiN Foundation Developer Agreement

Welcome to The CUWiN Foundation.  This Agreement is a binding
contract between you and The CUWiN Foundation, Inc., and
describes the terms of your participation as a developer for the
Foundation.

Section I - Definition of terms

For the purpose of this document the following terms are defined:

(a) `The Agreement' is defined as The CUWiN Foundation
    Developer Agreement (this document).

(b) `The Foundation' is defined as The CUWiN Foundation, its
    Board of Directors, and individuals and groups authorized by
    the Board of Directors to carry out certain actions.

(c) `The Board' is defined as the Board of Directors of the
    CUWiN Foundation.

(d) `The Developer' is defined as someone to whom The Foundation has
    offered developer privileges, in accordance with its policies, and who
    has signed the Agreement.

(e) `The Repository' is defined as the collection of source code
    and historic records contained in the CUWiN master source
    repository.

(f) `Commit' is defined as the act of adding to, removing from,
    or otherwise altering the contents of The Repository.

(g) `Tainted Code' is defined as code for which redistribution by
    either The Developer or The CUWiN Foundation would be unlawful,
    a violation of applicable licenses or restrictions, or a
    violation of this or other contracts to which The Foundation
    or The Developer is a party.

(h) `Private Information' is defined as information that is
    accessible to The Developer but is not available to the general
    public, or previously private information that was released
    in violation of the Agreement by anyone. Private Information
    does not include information which has otherwise become
    publicly known, or has been rightfully received from a third
    party who is authorized to disclose the information.


Section II - Purpose of CUWiN Foundation Membership

CUWiN Foundation Developer Privileges are granted for the purpose of
developing, maintaining, and otherwise improving the CUWiN
Software and participating in other activities related to
The CUWiN Foundation. These Privileges are granted pursuant to the
bylaws and policies of The CUWiN Foundation.

Developers are provided with the following:

(a) The ability to make reports, as defined by The Foundation's policies,
    to the membership for the purposes of updating the membership on the
    progress of the Developer's work, as well as to express the Developer's
    opinion and concern on issues relating to their work;

(b) A CUWiN Developer Account, i.e., an account on one or more
    of the computer systems maintained by The CUWiN Foundation;

(c) Access to Private Information, including some or all of the
    private CUWiN mailing lists, internal documentation, and
    internal planning and strategy of The CUWiN Foundation; and

(d) Access to The Repository and CUWiN distribution mechanisms.

Items (a) - (d) are the only Privileges conveyed to the Developer by the
Agreement.

Section III - Responsibilities of The Developer

The Developer has the following responsibilities:

(a) The Developer is considered to be a representative of The CUWiN
    Foundation when conducting Foundation business and/or
    development efforts.  Therefore, the Developer will abide by the
    policies of The Foundation, and will conduct themselves
    accordingly.

(b) The Developer will not use any resources of The Foundation for
    unlawful purposes.

(c) The Developer will not disclose Private Information without the
    explicit prior permission of The Board or their representative, during
    the term of membership and for a two (2) year period thereafter.  The
    Developer agrees that the unauthorized disclosure or use of Private
    Information will cause irreparable harm and significant
    injury to The Foundation which may be difficult to ascertain.
    Accordingly, The Foundation shall be entitled to equitable
    relief, including, without limitation, an immediate
    injunction enjoining any breach by it of this Agreement, in
    addition to all other remedies available at law or in equity.
    Upon termination of this Agreement, Member shall certify that
    no copies of Private Information remain under the Member's
    personal control or on Member's computer equipment.

(d) The Developer will not Commit Tainted Code to The Repository.

(e) The Developer may not redistribute a particular piece of source
    code or differences between two pieces of source code
    (hereafter referred to as `The Obtained Code') obtained
    from The Repository if:

    (1) redistribution of The Obtained Code by either The Developer
        or The CUWiN Foundation would be unlawful, or

    (2) The Foundation has requested, in accordance with the Foundation's
        policies,  that The Developer not redistribute The Obtained Code .

(f) The Developer will hold The Foundation harmless and indemnify
    The Foundation in any action resulting from The Developer's
    intentional or negligent breach of these responsibilities.

In the event that The Developer does not fulfill the above-stated
responsibilities, some or all of the privileges outlined in Section II may
be restricted or revoked.

Section IV - New Versions of The Agreement

The Foundation may from time to time, at its discretion, update
the Agreement in whole or in part.  Newer versions of the
Agreement will be published by The Board, or their representative, to the
CUWiN Developers Mailing List (xxxxxxxxxxxxx at CUWiN.org
<mailto:xxxxxxxxxxxxx at CUWiN.org>) and to The CUWiN
Foundation Web Site (http://www.CUWiN.org/) sixty (60) days
before they are to take effect.

The Developer agrees to be bound by updated versions of the
Developer Agreement, or immediately resign their status as a Developer and
waive all privileges thereof, and agrees that continued use of
Foundation resources (including membership on private Foundation
mailing lists) after the effective date of new versions of this
Agreement will constitute affirmative acceptance of new versions
of The Agreement.

Section V - Termination of the Agreement

This Agreement may be terminated by The Developer at any time by
sending a resignation message to The Foundation, in accordance with the
Foundation's policies.

The Foundation reserves the right to terminate agreements with
Developers, especially if:

(1) they have been inactive (as defined in the policies of The
    Foundation) for more than two (2) years, or

(2) they have repeatedly and/or severely violated the policies
    of The Foundation, or violated the terms of The Agreement

After termination of The Agreement by either party, sections
III(b) through III(f) shall remain in effect.

Section VI - Agreement between The Developer and The CUWiN
         Foundation, Inc.

I, the under-signed Developer, accept the privileges and
responsibilities associated with becoming a CUWiN Foundation
Developer as outlined above.  I understand that either myself or The
CUWiN Foundation, represented by The Board, or by a Committee in
charge of Developer affairs appointed by The Board, reserve the
right to terminate this Agreement and my CUWiN Developer's Account
at any time.

This Agreement shall be governed by and construed in accordance
with the laws of the State of Illinois, USA.  Each party to this
Agreement submits to the non-exclusive jurisdiction of the state
or federal courts in Illinois.

The Developer:


___________________________    _______________________________
(print name)                                         (signature and date)

The CUWiN Foundation, represented by its authorized Member:


___________________________    ________________________________
(print name and title)                        (signature and date)

--
Matthew Isaacs

CUWiN Network Engineer
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.chambana.net/mailman/archive/cu-wireless-dev/attachments/20061004/23029cce/attachment.html