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Agreement for quinoacomputing/quinoa

Los Alamos National Laboratory

Software Grant and Individual Contributor License Agreement (“Agreement”)

Thank you for your interest in Quinoa. In order to clarify the intellectual property license granted with Contributions from any person or entity, Los Alamos National Security, LLC (“LANS”), as operator of Los Alamos National Laboratory (“LANL”) 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 LANL and the ( insert software name) users; it does not change your rights to use your own Contributions for any other purpose.

If you have not already done so, please complete and sign, then scan and email a pdf file of this Agreement to [email protected] Alternatively, you may send it by facsimile to LANL at 505-665-3125. If necessary, send an original, signed Agreement to LANL, P.O. Box 1663, MS C333, Attn. Contracts Management Team, Los Alamos, NM 87545.

Please read this document carefully before signing and keep a copy for your records.

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to LANL. In return, LANL shall not use your Contributions in a way that is contrary to the public benefit or inconsistent with its goals and objectives as a federal laboratory. Except for the license granted herein to LANS and recipients of software distributed by LANL, 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 LANS. 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 original work of authorship, including any modifications or additions to an existing work, that are intentionally submitted by You to LANS for inclusion in, or documentation of (insert software name) (the “Work”). For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to LANS 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, LANS 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 LANS and to recipients of (insert software name) 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. You represent that You are legally entitled to grant the above-referenced Patent License and the Copyright License. If 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 LANS, or that your employer has executed a separate Corporate Agreement with LANS.

  4. You represent that each of Your Contributions is Your original creation (see section 7 for submission on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (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.

  5. 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.

  6. Should You wish to submit work that is not Your original creation, You may submit it to LANS 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]”.

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

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