Accord Project Summer of Code Contributor Agreement - accordproject/technical-steering-committee GitHub Wiki

By registering and clicking “Accept”, you agree to be bound by the terms of this Contributor Agreement (“Agreement”) and it forms a binding legal agreement between Accord Project, a non profit organization that is part of the Linux Foundation project (Accord Project), and you with respect to Accord Project Summer of Code 2022 (the “Program”).

If you agree to these terms and conditions, please click the “Accept” button and you may participate in the Program.

The words "include" and "including" as used in this Agreement mean “including but not limited to".

Program Rules.

This Agreement incorporates the Accord Project's Summer of Code 2022 Program Rules (“Program Rules”). The Program Rules constitute part of this Agreement. All capitalized terms used herein that are not otherwise defined will have the meaning given them in the Program Rules.

Representations and Warranties.

You represent and warrant that:

  • you are eligible, as described in the Program Rules, to participate in the Program as a Contributor;
  • the information you provide about yourself during registration and in subsequent communications with Accord Project is truthful and accurate;
  • you own all rights in your Submissions; and your Submissions: are original; are not malicious, defamatory, libelous, pornographic, or obscene; do not violate any applicable laws; and do not violate any rights of any other person or entity or any obligation you may have with them.

Submissions.

“Submissions” means any materials you submit to Accord Project in connection with the Program, including Project Submissions and Evaluations.

Ownership.

You retain all ownership rights you had in your Submissions before submitting them.

License to Accord project.

You grant Accord Project a non-exclusive, worldwide, perpetual, irrevocable, free license (with right to sublicense) to reproduce, prepare derivative works of, distribute, perform, display, and otherwise use your Submissions for the purpose of administering the Program and promoting Accord Project Summer of Code.

Privacy.

  • Accord Project will process the personal information provided during registration and in any subsequent communications to administer the Program (including verifying eligibility to participate in the Program, running the Program, and sending notifications regarding the Program).

  • Accord will also use aggregated, non-personally identifiable information from Participants’ written responses to evaluations, surveys and feedback in order to analyze Program effectiveness and make adjustments to the Program.

  • The display name that Participants create during registration will be displayed publicly on the Program Website and any archives of the Program Website, and will be shared with Organizations for the purpose of communicating with the Accord Contributors to answer their questions and reviewing their proposals and work.

  • Accord Project Contributor’s Project Submissions and contact information (email address and display name) will be shared with the Organizations (including Members) they submit proposals to in order to administer the Program.

  • Accord Project may publicize your participation in the Program and the results of the Program, including announcements of accepted Project Proposals, the text of accepted Project Proposals, and the resulting code from your work on the Project. Accord Project may display your information, including your display name, Project abstract, and Final Project Materials, on Accord Project run websites, including the Accord Project News (https://accordproject.org/news) and the Program Website.

  • The personal information provided during registration and in any subsequent communications will also be processed by Accord Project’s trusted service providers for the purpose of delivering stipends to successful Accord Project Contributors and Organizations, based on Accord Project’s instructions and in compliance with Accord Project’s Privacy Policy and any other appropriate confidentiality and security measures.

  • Participants can access, update, and remove their personal information in their Program profile.

  • For Organizations, Accord Project may publish your participation in the program and your Organization details supplied in your application, including organization logo, description, technology tags and topics, Ideas List, website, and your organization’s preferred contact methods for users.

The Accord Project Privacy Policy (https://accordproject.org/privacy) further explains how data is handled in this service.

Indemnities.

You will indemnify the Accord Project, and its affiliates, directors, officers, and employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

  • your acts or omissions related to applying for and participating in the Program, and

  • your submissions violating any rights of any other person or entity or any obligation you may have with them.

Limitation of Liability.

Liability.

IN THIS SECTION (LIMITATION OF LIABILITY), “LIABILITY” MEANS ANY LIABILITY, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, INCLUDING FOR NEGLIGENCE.

Limitations.

ACCORD PROJECT’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED US $1,000 IN AGGREGATE.

Exceptions to Limitations.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS GOOGLE’S LIABILITY FOR MATTERS FOR WHICH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

General.

Stipends. Accord Project is not required to pay any stipends to you if you breach this Agreement.

Not an Offer or Contract of Employment.
  • You acknowledge that your participation in the Program is voluntary.
  • You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Accord Project or the Organizations and that no such relationship is established by your Submissions to the Program.
  • You understand and agree that nothing in this Agreement may be construed as an offer or contract of employment with either Accord Project or any Organization.
  • Accord Project’s Affiliates, Consultants, and Contractors. Accord Project may use its affiliates, consultants, and contractors in connection with the performance of its obligations and exercise of its rights under this Agreement.

Governing Law.

ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM WILL BE GOVERNED BY NEW YORK LAW, EXCLUDING NEW YORK'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

Assignment. You may not assign this Agreement or any part of it without ’s prior written consent. Accord Project may assign this Agreement or any part of it upon notification, which may be posted on the Program Website or sent to the contact information you provided upon registration.

No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.

No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.

No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.

Amendments. Except as set forth in the Program Rules, any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.

Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in th is Agreement.

Severability. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.

Translations. In the event of any discrepancy between the English version of this Agreement and a translated version, the English version will govern.