Transfer of Rights
Agreement concerning Transfer of Rights
You (hereinafter “Contributor”)
Data Geekery GmbH, Wildeggstrasse 34, 9000 St. Gallen, Switzerland, (hereinafter “Data Geekery”)
Please, direct any questions you may have regarding this agreement to email@example.com.
Data Geekery develop, license and maintain the software “Java Object Oriented Querying”, commonly known as “jOOQ” (hereinafter “Software”). Data Geekery intends to continue to license the Software under an Open Source Software License (currently Apache License 2.0) provided the licensee uses the Software in conjunction with a database program licensed as Open Source Software (such as MySQL or PostgreSQL).
Additionally Data Geekery intends to license and to distribute a version of the Software for the use in conjunction with commercial database programs licensed under proprietary licenses (such as Oracle or SQL Server). To allow Data Geekery to license the Software under two different types of licenses all rights and titles vested in the Software must be transferred to Data Geekery. To ensure that Data Geekery owns all the intellectual property rights and any other title in the work products provided by the Contributor, the parties agree as follows:
2 Work Products
The Contributor has provided services in conjunction with the development of the Software (such as programming, testing or review of code) or the drafting of the documentation. Any work results which the Contributor has developed and/or written or processed in the context of the provision of these services alone or in co-operation are hereinafter called the “Work Products”.
3 Rights vested in Work Products
All rights, especially copyrights and/or patent rights and all other rights to the Work Products already produced or produced in the future shall automatically be deemed transferred in full to Data Geekery as they arise. The transfer of rights includes any tangible property of the Work Products.
Therefore, Data Geekery shall in particular be entitled to the following exclusive rights:
- The right to decide whether, when and how the Work Products are used;
- The right to put the Work Products into perceptible form and to digitalize them, to make copies and duplicates thereof and to lease the Work Products;
- The right to sell and offer the Work Products on any data carriers whatsoever and via any telecommunications networks, including but not limited by the means of cloud computing;
- The right to adapt, extend, process or maintain the Work Products.
Data Geekery commits to list the Contributor as author of the Work Products in the “Help” or “About” file of the Software. The provisions of this Section shall apply in the context of the relevant national legal systems governing the matter world-wide.
The rights shall be transferred to Data Geekery free of charge.
4 Handing over of Work Products
The Contributor has handed-over the Work Products that the Contributor has produced so far.
All Work Products handed over to Data Geekery by the Contributor in the future shall automatically be governed by this Agreement.
5 Duration of this Agreement
This Agreement shall apply retroactively to all Work Products. The Agreement can be terminated immediately by either party upon two written notice.
6 Final Provisions
6.1 Entire Agreement
This Agreement constitutes the entire agreement between the Parties regarding this subject matter. All amendments or additions to the Agreement must be made in writing and signed by both Parties.
Should one or more provisions of this Agreement prove invalid or unenforceable, the remaining provisions of the Agreement shall remain in force. In such cases, both Parties undertake to replace the invalid or unenforceable provision with another valid and enforceable regulation which comes as close as possible to the invalid or unenforceable provision in its legal and business content and implications. This principle and procedure shall also be applied to the rectification of open terms or omissions in the Agreement.
7 Applicable Law and Place of Jurisdiction
This Agreement shall be governed exclusively by Swiss law (excluding the United Nations Convention on Contracts for the International Sale of Goods). The place of jurisdiction shall be exclusively the registered office of Data Geekery.
Sign by Mail
As an alternative to electronic signing, you may also print the document and send the original to:
Data Geekery GmbH
9000 St. Gallen
Scanned agreements may also be emailed in PDF format to firstname.lastname@example.org. You should also keep a copy for your own records.
Full name: _________________________________________________ Phone Number: ______________________________________________ E-Mail: _________________________________________________ Mailing Address: ___________________________________________ ____________________________________________________________ Country: _________________________________________________ Company: _________________________________________________ Company Contact: _________________________________________ Employer Open Source Contribution Policy: _________________ ____________________________________________________________ ____________________________________________________________ Please sign: _______________________________________________ Date: ______________________________________________________