The OEIS Contributor's License Agreement
Thank You for Your interest in The On-Line Encyclopedia of Integer Sequences (the "OEIS" as defined below) and the OEIS Foundation ("Foundation" as defined below). In order to enable the Foundation to continue its work to improve and enhance the OEIS and to clarify its and Your rights in the intellectual property licenses granted with the Contributions made by You or any entity on whose behalf You are acting, the Foundation requires Your agreement to the license terms contained in this Contributor's License Agreement ("CLA").
You will be accepting and agreeing to the following terms and conditions for Your past, present and future Contributions submitted to the Foundation or the OEIS or its predecessors. In return, the Foundation shall, in its sole discretion, use Your Contributions for the public benefit and the advancement of Mathematics and Science, and shall not use Your Contributions in a way that is contrary to the public benefit or otherwise inconsistent with its nonprofit status and bylaws in effect at the time of the Contribution.
Submission of Your Contribution to the OEIS and/or clicking on "I Accept" in the Terms of Service on the OEIS Foundation website shall signify Your acceptance of these terms and conditions. Please read this document carefully and keep a copy for Your records.
Section 1. Definitions
- "Adaptation" means work based upon the OEIS, including, but not limited to, translations, modifications, derivative works and other alterations of the OEIS. Adaptations include any form in which the OEIS or portions thereof may be recast, transformed, or adapted including any form recognizably derived from the OEIS.
- "Contribution" shall mean any past, present or future original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to the Foundation, or has been previously submitted by You to the Foundation or any predecessor version of the OEIS, for inclusion in, the OEIS. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Foundation or its representatives, the founders, directors or managers of either the OEIS or the Foundation, including but not limited to communication on electronic mailing lists, the OEIS submission pages or other pages are managed by, or on behalf of, the Foundation for the purpose of adding material to or otherwise enhancing or improving the OEIS, but not including communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
- "Foundation" means the OEIS Foundation, a New Jersey non-profit corporation.
- "OEIS" shall mean the collection, maintained by the Foundation, of integer number sequences, together with comments, references, descriptions, examples, formulas, programs, illustrations, discussions and other related auxiliary material.
- "The OEIS End-User License Agreement" (or "OEIS EULA") shall mean the latest version of the license, maintained by the Foundation on the OEIS website and under which the Foundation grants copyright, patent, and other intellectual property rights with respect to the OEIS to third parties.
- "OEIS User" shall mean those third parties licensed under the OEIS EULA.
- "You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is agreeing to this CLA with the Foundation. 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.
Section 2. Grant of Rights
- Subject to the terms and conditions of this CLA, You hereby grant a) to the Foundation and b) to the OEIS Users to the extent they are licensed under the OEIS EULA, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, make Adaptations, publicly display, publicly perform, sublicense, and distribute Your Contributions and Adaptations and to sublicense all or any of the foregoing license rights to others.
- Subject to the terms and conditions of this CLA, You hereby grant to the Foundation and to OEIS Users to the extent they are licensed under the OEIS EULA, 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 Your Contribution, 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 any or all portions of the OEIS at the time such Contribution(s) was submitted and to sublicense all or any of the foregoing license rights to others.
- Except with respect to the rights expressly granted in this CLA, no other license, immunity, ownership interest, or other right is granted under this CLA, either directly or by implication, estoppel, or otherwise. You shall retain ownership of all intellectual property contained within Your Contributions and for which You have granted rights, to the Foundation and to OEIS End Users, under this section 2.
- If You institute patent litigation against the Foundation or any OEIS User (including a cross-claim or counterclaim in a lawsuit) alleging that the OEIS or any Contribution incorporated within the OEIS constitutes direct or contributory patent infringement, then any patent or and/or copyright license granted to You under the OEIS EULA shall terminate as of the date such litigation is filed.
Section 3. Representations and Warranties
- You represent that You are legally entitled to grant the above licenses and that to the best of Your knowledge, You are not aware of any claim of copyright, patent or other intellectual property infringement against the Contribution.
- If Your employer(s), partners, any academic institution with which You are affiliated, or any others have rights to intellectual property that You create that includes Your Contributions ("Third Party Rightsholders"), You represent that You have (i) received permission to make Contributions on behalf of such Third party Rightsholder (ii) such Third party Rightsholder has waived such rights for Your Contributions to the Foundation, or (iii) that such Third Party Rightsholder has executed a separate CLA with the Foundation.
- You represent that each of Your Contributions is either (i) Your original creation, (ii) comprised of material known by You to be in the public domain and submitted in accordance with section 3.4 hereinbelow, or (iii) submitted on behalf of another in accordance with section 3.5 hereinbelow. In all instances, You represent that Your Contributions include complete details of any third-party license or other restrictions (including, but not limited to, related patents and trademarks) of which You are personally aware and which are associated with any part of Your Contributions.
- Should You wish to submit Contributions that are known by You to be in the public domain You may submit them to the Foundation provided that You clearly identify the complete details of such Contributions' source and other relevant material identifying its origin or provenance and conspicuously mark the work as "In the Public Domain."
- Should You wish to submit Contributions on behalf of another, You may submit them to the Foundation provided that You clearly identify the complete details of such Contributions' 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 mark the work as "Submitted on behalf of a third-party: [named here]".
- EXCEPT FOR THE REPRESENTATIONS MADE HEREIN 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.
- You agree to notify the Foundation of any facts or circumstances of which You become aware that would make these representations inaccurate in any respect.
Section 4. Miscellaneous
- Nothing contained in this CLA shall be construed as conferring any right to use in advertising, publicity, or other promotional activities any name, trade name, trademark, trade dress or other designation of the Foundation.
- If any section of this CLA is found by competent authority to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such section in every other respect and the remainder of this CLA shall continue in effect so long as the CLA still expresses the intent of the parties.
- This CLA shall be construed, and the legal relations between the parties hereto shall be determined, in accordance with the law of the State of New Jersey, USA, as such law applies to contracts signed and fully performed in such State, without regard to the principles of conflicts of law thereof. Each of the parties consents to the jurisdiction of any New Jersey State court located in the County of Middlesex and any federal court of the United States of America located in the District of New Jersey. Each of the parties waives all objections to the New Jersey venue for any action instituted hereunder.
- The headings of the sections are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this CLA.
- This CLA embodies the entire understanding of the parties with respect to the Contributions and merges all prior discussions between the parties. Neither party shall be bound by any condition, definition, warranty, understanding or representation with respect to the subject matter hereof other than as expressly provided herein.
- NEITHER YOU NOR THE FOUNDATION SHALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTIONS AND CLAIMS OF CUSTOMERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Nothing contained herein, or done pursuant to this CLA, will constitute the parties hereto entering into a joint venture or partnership or will constitute either party hereto being the agent of the other party for any purpose or in any sense whatsoever.