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4 changes: 2 additions & 2 deletions README.md
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Expand Up @@ -4,8 +4,8 @@ Licensing for FOSS projects under https://github.com/logsearch

## Signing the contributor's license agreement

Firstly, thank you for your interest in contributing to LogSearch ("We" or "Us")
run by City Index Limited (“We" or "Us").
Thank you for your interest in The Logsearch Project (the "Project");
run by GAIN Capital UK Ltd; whoes source code is published at http://github.com/logsearch.

In order to merge your contributions we require you to sign a CLA (Contributor's License Agreeement)
assigning your intellectual property rights in the contribution to us, so that we in turn can
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@@ -1,216 +1,192 @@
# LogSearch Entity Contributor License Agreement

Thank you for your interest in contributing to LogSearch ("We" or "Us")
run by City Index Limited (“We" or "Us").

This contributor agreement ("Agreement") documents the rights granted by
contributors to Us. To make this document effective, please sign it and send
it to Us by electronic submission, following the instructions at
http://github.com/logsearch/licensing. This is a legally binding document, so
please read it carefully before agreeing to it. The Agreement may cover more
than one software project managed by Us.

## 1. Definitions

"You" means any Legal Entity on behalf of whom a Contribution has been
received by Us. "Legal Entity" means an entity which is not a natural person.
"Affiliates" means other Legal Entities that control, are controlled by, or
under common control with that Legal Entity. For the purposes of this
definition, "control" means (i) the power, direct or indirect, to cause the
direction or management of such Legal Entity, whether by contract or
otherwise, (ii) ownership of fifty percent (50%) or more of the outstanding
shares or securities which vote to elect the management or other persons who
direct such Legal Entity or (iii) beneficial ownership of such entity.

"Contribution" means any work of authorship that is Submitted by You to Us in
which You own or assert ownership of the Intellectual Property Rights. If You do
not own the Intellectual Property Rights in the entire work of authorship, please
follow the instructions in http://github.com/logsearch/licensing.

"Intellectual Property Rights" means without limitation, all present and future
rights title and interest (as the same may be extended or amended) throughout
the world in to or arising out of all forms of intellectual property including:
(i) any national or international patent, patent claims including, without
limitation, method, process, and apparatus claims, and any and all re¬issues,
divisions, continu¬a¬¬tions, renewals, extensions and continuations-in-part thereof;
(ii) inventions (whether patentable or not in any country), invention disclosures,
improvements, trade secrets, proprietary information, know-how, technology and
technical data;
(iii) copyrights, copyright registrations, mask works, mask work registrations; and
(iv) all trade names, logos, common law trademarks and service marks; trademark
and service mark registrations, goodwill, business names and domain names; and
(v) all so-called ‘sui generis’ rights (otherwise known as database rights); and
(vi) all rights in registered and unregistered designs; and
(vii) any other proprietary rights anywhere in the world and all rights or forms
of protection having equivalent or similar effect to any of the foregoing; and
(viii) applications for the grant of any of the foregoing anywhere in the world,
and all other rights corresponding thereto throughout the world together with
and all rights of registration, extension and renewal thereof; and
(ix) the right to bring legal proceedings to enforce any of the foregoing rights.

"Material" means the work of authorship which is made available by Us to third
parties. When this Agreement covers more than one software project, the
Material means the work of authorship to which the Contribution was Submitted.
After You Submit the Contribution, it may be included in the Material.

"Submit" means any form of electronic, verbal, or written communication sent
to Us or our representatives, including but not limited to electronic mailing
lists, source code control systems, and issue tracking systems that are
managed by, or on behalf of, Us for the purpose of discussing and improving
the Material, but excluding communication that is conspicuously marked or
otherwise designated in writing by You as "Not a Contribution."

"Submission Date" means the date on which You Submit a Contribution to Us.

"Effective Date" means the date You execute this Agreement or the date You
first Submit a Contribution to Us, whichever is earlier.

"Media" means any portion of a Contribution which is not software.

## 2. Grant of Rights

### 2.1 Intellectual Property Rights Assignment

(a) In consideration for Us agreeing to consider including Your Contribution
within LogSearch, and including it if we decide to do so, at the time the
Contribution is Submitted, You hereby irrevocably assign to Us throughout the
world on a fully paid up and royalty-free basis, all right, title, and interest
in to and under all Intellectual Property Rights in the Contribution free from
all encumbrances.
(b) To the extent that any of the rights in Section 2.1(a) cannot be assigned
by You to Us, You grant to Us a perpetual, worldwide, exclusive, royalty-free,
transferable, irrevocable license under such non-assigned rights, with rights to
sublicense through multiple tiers of sublicensees, to practice such non-assigned
rights, including, but not limited to, the right to reproduce, modify, display,
perform and distribute the Contribution.
(c) To the extent that any of the rights in Section 2.1(a) can neither be
assigned nor licensed by You to Us, You irrevocably waive and agree never to
assert such rights against Us, any of our successors in interest, or any of
our licensees, either direct or indirect.
(d) Upon such transfer of rights to Us, We hereby grant to You a perpetual,
worldwide, non-exclusive, royalty-free, transferable, irrevocable license
under such rights covering the Contribution, with rights to sublicense through
multiple tiers of sublicensees, to reproduce, modify, display, perform, and
distribute the Contribution. This license back is limited to the
Contribution and does not provide any rights to the Material.

### 2.3 Outbound License

We agree to license the Contribution under the terms of the license applicable
to LogSearch from time to time and/or the following additional licenses
Apache License 2.0 (including any right to adopt any future version of a license
if permitted).
In addition, We may use the following licenses for Media in the Contribution
(including any right to adopt any future version of a license if permitted):
Creative Commons Attribution - https://creativecommons.org/licenses/by/4.0

2.4 Moral Rights. If moral rights apply to the Contribution, to the maximum
extent permitted by law, You waive and agree not to assert such moral rights
against Us or our successors in interest, or any of our licensees, either
direct or indirect.

2.5 Our Rights. You acknowledge that We are not obligated to use Your
Contribution as part of the Material and may decide to include any
Contribution We consider appropriate.

2.6 Reservation of Rights. Any rights not expressly licensed under this
section are expressly reserved by You.

## 3. Agreement

You confirm that:

(a) You have the legal authority to enter into this Agreement.

(b) You own the Intellectual Property Rights assigned and or licensed under
this Agreement;

(c) The grant of rights under Section 2 does not violate any grant of rights
which You have made to third partiest;

(d) You have followed the instructions in https://github.com/logsearch/licensing,
if You do not own the Intellectual Property Rights in the entire work of
authorship Submitted.

## 4. Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED
"AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US.
TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS
LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.

4.1. Limitations and Exclusions
Nothing in this Agreement shall exclude or limit the liability of You or Us
for acts of fraud (including fraudulent misrepresentation) or for death
or personal injury caused by negligence.
```
Thank you for your interest in The Logsearch Project (the "Project");
run by GAIN Capital UK Ltd; whoes source code is published at http://github.com/logsearch.

In order to clarify the intellectual property license
granted with Contributions from any person or entity, the Project
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 the Project and its users; it does not change
your rights to use your own Contributions for any other purpose.

This version of the Agreement allows an entity (the "Corporation") to
submit Contributions to the Project, to authorize Contributions
submitted by its designated employees to the Project, and to grant
copyright and patent licenses thereto.

If you have not already done so, please complete and sign, then scan and
email a pdf file of this Agreement to opensource@gaincapital.com

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@mrdavidlaing this email address looks wrong. Should we create a new email address: opensource@gaincapital.com ?

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Sure - if you could forward that to me since I'm still maintaining the list of contributors

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

Corporation name: ________________________________________________

Corporation address: ________________________________________________

________________________________________________

________________________________________________

Point of Contact: ________________________________________________

E-Mail: ________________________________________________

Telephone: _____________________ Fax: _____________________


You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to the Project. In
return, the Project shall not use Your Contributions in a way that
is contrary to the public benefit or inconsistent with its nonprofit
status and bylaws in effect at the time of the Contribution. Except
for the license granted herein to the Project and recipients of
software distributed by the Project, 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 the Project. 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 expressly identified in Schedule B, as well as
any original work of authorship, including
any modifications or additions to an existing work, that is intentionally
submitted by You to the Project for inclusion in, or
documentation of, any of the products owned or managed by the
Project (the "Work"). For the purposes of this definition,
"submitted" means any form of electronic, verbal, or written
communication sent to the Project 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, the Project 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 the Project and to
recipients of software distributed by the Project 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.

## 5. Consequential Damage Waiver
SUBJECT TO THE IMMEDIATELY PRECEDING CLAUSE,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE
LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT
OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT
OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
3. Grant of Patent License. Subject to the terms and conditions of
this Agreement, You hereby grant to the Project and to recipients
of software distributed by the Project 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 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.

## 6. Miscellaneous
4. You represent that You are legally entitled to grant the above
license. You represent further that each employee of the
Corporation designated on Schedule A below (or in a subsequent
written modification to that Schedule) is authorized to submit
Contributions on behalf of the Corporation.

6.1 This Agreement will be governed by and construed in accordance with the
laws of England excluding its conflicts of law provisions. The provisions of the
United Nations Convention on Contracts for the International Sale of Goods
shall not apply and are hereby excluded.
5. You represent that each of Your Contributions is Your original
creation (see section 7 for submissions on behalf of others).

6.2 This Agreement sets out the entire agreement between You and Us for Your
Contributions to Us and overrides all other agreements or understandings.
Nothing contained in this Agreement shall be construed to make either one of
us an agent, partner, joint venturer, or representative of the other for any purpose.
6. 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.

6.3 If You or We 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.

6.4 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.
7. Should You wish to submit work that is not Your original creation,
You may submit it to the Project 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]".

6.5 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.
8. It is your responsibility to notify the Project 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 the Project.

6.6 You and We intend that no term of the contract made by this Agreement
may be enforced by any person who is not a party to it and reserve the
right to agree to rescind or vary this Agreement without the consent of any
other person. The provisions of the Contracts (Rights of Third Parties) Act 1999
shall be and hereby are excluded.

You
You:

________________________
Please sign: __________________________________ Date: _______________

Name: __________________
Name: __________________________________

Title: __________________________________

Title: ___________________
Corporation: __________________________________

Address: ________________
Us:

________________________
The LogSearch Project (https://github.com/logsearch) by GAIN Capital UK Ltd.

Us
Name: Mike Lear

The LogSearch Project (https://github.com/logsearch) by City Index Ltd.
Title: Chief Information Officer

Name: Mike Lear
Address: Park House, 16 Finsbury Circus, London, EC2M 7EB, UNITED KINGDOM

Title: Chief Information Officer
Based on https://www.apache.org/licenses/cla-corporate.txt r190612

Address: Park House, 16 Finsbury Circus, London, EC2M 7EB, UNITED KINGDOM
Schedule A

Based on Harmony (HA-CLA-E-OSI) Version 1.0
[Initial list of designated employees. NB: authorization is not
tied to particular Contributions.]

Github username : Name : Email

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________


Schedule B

[Identification of optional concurrent software grant. Would be
left blank or omitted if there is no concurrent software grant.]


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