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Contributor License Agreement

Thank you for taking the time to consider contributing, and welcome to the Tamanu project!

We require our external contributors to sign a Contributor License Agreement ("CLA") in order to ensure that our projects remain licensed under source-available licenses such as BSL 1.1 and GPL 3.0, while allowing BES to build a cohesive, sustainable, and valuable global good.

BES is committed to open licensing for our non-commercial software. A CLA enables BES to safely share, implement and support our products while keeping source-available licenses with all the rights those licenses grant to users.

This page gives a human-friendly summary of our CLA, details on why we require a CLA, how contributors can sign our CLA, and more. You may read the full legal CLA document here.

Human-Friendly Summary

This is a human-readable summary of (and not a substitute for) the full agreement. This highlights only some of the key terms of the CLA. It has no legal value and you should carefully review all the terms of the actual CLA before agreeing.

  • Grant of copyright license. You give BES permission to use your copyrighted work in commercial products.
  • Grant of patent license. If your contributed work uses a patent, you give BES a license to use that patent including within commercial products. You also agree that you have permission to grant this license.
  • No Warranty or Support Obligations. By making a contribution, you are not obligating yourself to provide support for the contribution, and you are not taking on any warranty obligations or providing any assurances about how it will perform.

The CLA does not change the terms of the underlying license used by our software such as the Business Source License or GNU General Public License. You are still free to use our projects within your own projects or businesses, republish modified source code, and more, subject to the terms of the project license. Please reference the appropriate license for the project you're contributing to to learn more.

Why Require a CLA?

Agreeing to a CLA explicitly states that you are entitled to provide a contribution, that you cannot withdraw permission to use your contribution at a later date, and that BES has permission to use your contribution in our commercial products.

This removes any ambiguities or uncertainties caused by not having a CLA and allows users and customers to confidently adopt our projects. At the same time, the CLA ensures that all contributions to our open source projects are licensed under the project's respective open source license, such as GPL-3.0.

Requiring a CLA is a common and well-accepted practice in open source. Major open source projects require CLAs such as Apache Software Foundation projects, Facebook projects (such as React), Google projects (including Go), Python, Django, and more. Each of these projects remains licensed under permissive OSS licenses such as MIT, Apache, BSD, and more.

Signing the CLA

Open a pull request ("PR") to any of our projects to sign the CLA. A bot will comment on the PR asking you to sign the CLA if you haven't already.

Follow the steps given by the bot to sign the CLA. This will require you to log in with GitHub (we only request public information from your account) and to fill in a few additional details such as your name and email address. We will only use this information for CLA tracking; none of your submitted information will be used for marketing purposes.

You only have to sign the CLA once. Once you've signed the CLA, future contributions to any BES project will not require you to sign again.

Legal Terms and Agreement

In order to clarify the intellectual property license granted with Contributions from any person or entity, BES must have a Contributor License Agreement (“CLA”) on file that has been signed by each contributor, indicating agreement to the license terms below. This license is for your protection as a contributor as well as the protection of BES and its other contributors and users; it does not change your rights to use your own Contributions for any other purpose.

By clicking “Accept” on this page You accept and agree to these terms and conditions for Your present and future Contributions submitted to BES. In return, BES shall consider Your Contributions for addition to the official BES open source project(s) for which they were submitted. Except for the license granted herein to BES and recipients of software distributed by BES, You reserve all right, title, and interest in and to Your Contributions.

  1. Definitions.

“You” (or “Your”) shall mean the copyright owner or legal entity authorised by the copyright owner that is entering into this CLA with BES. 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.

“Contribution” shall mean any code, documentation or other original works of authorship, including any modifications or additions to an existing work, that are intentionally submitted by You to BES for inclusion in, or documentation of, any of the products owned or managed by BES (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to BES or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, BES for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as “Not a Contribution.”

  1. Grant of Copyright License.

Subject to the terms and conditions of this CLA, You hereby grant to BES and to recipients of software distributed by BES a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.

  1. Grant of Patent License.

Subject to the terms and conditions of this CLA, You hereby grant to BES and to recipients of software distributed by BES a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to which such Contribution(s) were submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that Your Contribution, or the Work to which You have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this CLA for that Contribution or Work shall terminate as of the date such litigation is filed.

  1. You represent and warrant that You are legally entitled to grant the above license. If You are an individual and Your employer(s) has rights to intellectual property that You create that includes Your Contributions, You represent that You have received permission to make Contributions on behalf of that employer, that Your employer has waived such rights for Your Contributions to BES, or that Your employer has entered into a separate CLA with BES covering Your Contributions. If You are a Company, You represent further that each employee making a Contribution to BES under the Company’s name is authorised to submit Contributions on behalf of the Company.

  2. You represent and warrant that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others). You represent and warrant that, to Your knowledge, none of Your Contributions infringe, violate, or misappropriate any third party intellectual property or other proprietary rights.

  3. You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, except for the warranties set forth above, You provide Your Contributions on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

  4. Should You wish to submit work that is not Your original creation, You may submit it to BES separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which You are personally aware, and conspicuously marking the work as “Submitted on behalf of a third-party: [named here]”.

  5. You agree to notify BES of any facts or circumstances of which You become aware that would make the above representations and warranties inaccurate in any respect.

  6. If You are entering into this CLA as a Company, You represent and warrant that the individual accepting this CLA is duly authorized to enter into this CLA on the Company’s behalf.