The Contributor License Agreement (CLA) is essential for any project accepting external contributions in Austria, whether open-source or proprietary. It serves as a legal framework ensuring that contributions are properly licensed and that the project maintainer has the necessary rights to use and distribute contributed content. This document is particularly important under Austrian law, which has specific requirements regarding copyright transfer and moral rights. The CLA addresses key aspects such as intellectual property rights assignment, warranties regarding contribution originality, and GDPR compliance. It should be implemented before accepting any external contributions to protect the project's legal integrity and ensure smooth collaboration between all parties involved.
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1. Parties: Identifies the parties to the agreement: the project owner/maintainer and the contributor
2. Background: Explains the context of the agreement, the project, and the purpose of contributions
3. Definitions: Defines key terms used throughout the agreement, including 'Contribution', 'Project', 'Submission', and 'Intellectual Property Rights'
4. Scope of Agreement: Outlines what types of contributions are covered by the agreement
5. Grant of License: Details the rights being granted by the contributor to the project, including copyright and patent rights
6. Representations and Warranties: Contributor's confirmations regarding ownership, right to contribute, and non-infringement
7. Contribution Submission: Process and requirements for submitting contributions
8. Data Protection: GDPR-compliant provisions regarding the handling of contributor's personal data
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Governing Law and Jurisdiction: Specifies Austrian law as governing law and sets jurisdiction for disputes
1. Moral Rights: Additional section for handling moral rights under Austrian copyright law, particularly relevant for individual contributors
2. Entity Contributions: Special provisions for when the contributor is an organization rather than an individual
3. Contributor's Employees: Required when the contributor is an entity and needs to ensure compliance from its employees
4. Patent License: Detailed patent provisions when contributions might include patentable inventions
5. Export Control: Required when contributions might be subject to export control regulations
6. Compensation: Include when contributors might receive compensation for their contributions
1. Schedule 1 - Description of the Project: Detailed description of the project, its scope, and technical requirements
2. Schedule 2 - Contribution Guidelines: Technical and formatting requirements for contributions
3. Schedule 3 - Code of Conduct: Guidelines for participant behavior and community standards
4. Appendix A - Contribution Process: Step-by-step process for submitting and reviewing contributions
5. Appendix B - Notice and Attribution Requirements: Requirements for copyright notices and attribution in contributions
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