W4 Games Corporate Contribution License Agreement Overview

Thank you for your interest in contributing to one or more software projects created or managed by W4 Games. We are committed to open-source and are very grateful for the support we receive from the community to improve our products and continue to realize our open-source mission. 

To have a transparent framework for how contributions are made to our projects, we require everyone who makes a contribution to agree to the terms of our Contributor License Agreement. This is a common and well-accepted practice in open source. Major open-source projects require Contributor License Agreements, such as Apache Software Foundation projects, Google projects. and Django.

To facilitate review of this agreement, we provide a summary below which is followed by the agreement. Please note that the summary is for general information purposes only and is not intended to replace or change the terms of the agreement.

If you have any questions about the agreement, please contact us.

Contribution License Agreement Summary

● In very simple terms, the Contributory License Agreement governs what is considered a contribution, how you can make contributions to us, and what legal rights each of us has regarding those contributions.

● We require contributors to sign this agreement to so users of our products can have confidence in them. If this agreement was not signed, there would be uncertainty about the rights that we and end- users of our products have.

● Once you make a contribution to us, you recognize that we have an unrestricted right to incorporate that contribution in our products and use and sell those products on a permanent and worldwide basis without requiring us to pay any royalties.

● We recognize that even though you make a contribution to us, except as set forth in the Contributor License Agreement, you retain all right, title, and interest to the contributions you make to us.

● We recognize that you are not required to provide any support in connection with contributions that you make.

W4 Games Corporate Contributor License Agreement

In order to clarify the intellectual property license granted with respect to any Contribution (defined below) to W4 Games Limited (“W4 Games”) from any person or entity (such person or entity, a “Contributor”) in connection with a project created or managed by W4 Games (the “Work”), W4 Games must have a Contributor License Agreement (the “Agreement”) on file that has been signed by each Contributor, indicating agreement to the license terms below. For the avoidance of doubt, the Work also includes products and services based on the Work developed or managed by W4 Games. 

The license created pursuant to this Agreement (the “License”) is for your protection as a Contributor as well as the protection of W4 Games and its users; it does not change your rights to use your own Contributions for any other purpose. As this is a legal agreement, please read the terms carefully.

Once you have reviewed the terms and conditions of the Agreement, please sign it and send a copy of the signed agreement to fabio@w4games.com.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to W4 Games. Except for the License granted herein to W4 Games and recipients of software distributed by W4 Games, 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 authorized by the copyright owner that is making this Agreement with W4 Games. 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 the code, documentation or other original works of authorship including any modifications or additions to an existing work, that is intentionally submitted by You to W4 Games for inclusion in, or documentation of, any of the products owned or managed by W4 Games (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to W4 Games 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, W4 Games 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." 

2. Grant of Copyright License. 

Subject to the terms and conditions of this Agreement, You hereby grant to W4 Games and to recipients of software distributed by W4 Games 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. 

3. Grant of Patent License. 

Subject to the terms and conditions of this Agreement, You hereby grant to W4 Games and to recipients of software distributed by W4 Games a perpetual, worldwide, nonexclusive, 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 Agreement for that Contribution or Work shall terminate as of the date such litigation is filed. 

4. Representation of Authority

You represent that You are legally entitled to grant the above license. You represent further that each employee of the Contributor that you notify us in writing is authorized to submit Contributions on behalf of the Contributor. 

5. Representation Regarding Contributions

You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others). 

6. No Support Obligation

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, 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. 

7. Work Not Created by Contributor

Should You wish to submit work that is not Your original creation, You may submit it to W4 Games  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]". 8. It is your responsibility to notify W4 Games when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Corporation, or to the Corporation's Point of Contact with W4 Games.

8. No Obligation to Use Contribution. 

You recognize that W4 Games is not obligated to use Your Contribution as part of any Work and W4 Games may decide to include any Contribution we consider appropriate.

9. Obligation to Inform W4 Games. 

You agree to notify W4 Games of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect. 

10. General Provisions

10.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of New York State, excluding its conflicts of law provisions. Under certain circumstances, the governing law in this section might be superseded by the United Nations Convention on Contracts for the International Sale of Goods (“UN Convention”) and the parties intend to avoid the application of the UN Convention to this Agreement and, thus, exclude the application of the UN Convention in its entirety to this Agreement.

10.2 Entire Agreement. This Agreement sets out the entire agreement between You and W4 Games for Your Contributions to W4 Games and overrides all other agreements or understandings.

10.3 Assignment. If You or W4 Games assign the rights or obligations received through this Agreement to a third party, as a condition of the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.

10.4 Failure to Require Performance. The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety.

10.5 Construction. If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and which is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.

10.6 Precedent. This Agreement has been adopted from other similar agreements, including the Apache Contributor License Agreement. 

10.7. Protection of Information. This document contains personal information.  For information regarding how your personal information is protected, please see the W4 Games Privacy Policy, a copy of which can be found on our website or obtain from our Data Protection Officer.