$NetBSD: agreement.txt,v 1.1 2006/09/03 17:33:28 martin Exp $ NetBSD Foundation Membership Agreement Welcome to The NetBSD Foundation. This Agreement is a binding contract between you and The NetBSD Foundation, Inc., and describes the terms of your membership in the Foundation. Section I - Definition of terms For the purpose of this document the following terms are defined: (a) `The Agreement' is defined as The NetBSD Foundation Membership Agreement (this document). (b) `The Foundation' is defined as The NetBSD Foundation, its Board of Directors, and individuals and groups authorized by the Board of Directors to carry out certain actions. (c) `The Board' is defined as the Board of Directors of the NetBSD Foundation. (d) `The Member' is defined as someone to whom The Foundation has offered membership, in accordance with its regular membership policies, and who has signed the Agreement. (e) `The Repository' is defined as the collection of source code and historic records contained in the NetBSD master source repository. (f) `Commit' is defined as the act of adding to, removing from, or otherwise altering the contents of The Repository. (g) `Tainted Code' is defined as code for which redistribution by either The Member or The NetBSD Foundation would be unlawful, a violation of applicable licenses or restrictions, or a violation of this or other contracts to which The Foundation or The Member is a party. (h) `Private Information' is defined as information that is accessible to The Member but is not available to the general public, or previously private information that was released in violation of the Agreement by anyone. Private Information does not include information which has otherwise become publicly known, or has been rightfully received from a third party who is authorized to disclose the information. Section II - Purpose of NetBSD Foundation Membership NetBSD Foundation Membership is granted for the purpose of developing, maintaining, and otherwise improving the NetBSD Operating System and participating in other activities related to The NetBSD Foundation. Membership is granted pursuant to the bylaws of The NetBSD Foundation. Members are provided with the following: (a) The right to participate in The NetBSD Foundation election process and other activities of The NetBSD Foundation; (b) A NetBSD Developer Account, i.e., an account on one or more of the computer systems maintained by The NetBSD Foundation; (c) Access to Private Information, including some or all of the private NetBSD mailing lists, internal documentation, and internal planning and strategy of The NetBSD Foundation; and (d) Access to The Repository and NetBSD distribution mechanisms. Items (a) - (d) are the only benefits of membership conveyed by the Agreement. Section III - Responsibilities of The Member The Member has the following responsibilities: (a) The Member is considered to be a representative of The NetBSD Foundation when conducting Foundation business and/or development efforts. Therefore, the Member will abide by the policies of The Foundation, and will conduct themselves accordingly. (b) The Member will not use any resources of The Foundation for unlawful purposes. (c) The Member will not disclose Private Information without the explicit prior permission of The Board, during the term of membership and for a two (2) year period thereafter. Member agrees that the unauthorized disclosure or use of Private Information will cause irreparable harm and significant injury to The Foundation which may be difficult to ascertain. Accordingly, The Foundation shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any breach by it of this Agreement, in addition to all other remedies available at law or in equity. Upon termination of this Agreement, Member shall certify that no copies of Private Information remain under the Member's personal control or on Member's computer equipment. (d) The Member will not Commit Tainted Code to The Repository. (e) The Member may not redistribute a particular piece of source code or differences between two pieces of source code (hereafter referred to as `The Obtained Code') obtained from The Repository if: (1) redistribution of The Obtained Code by either The Member or The NetBSD Foundation would be unlawful, or (2) The Foundation has requested that The Member not redistribute The Obtained Code and The Obtained Code was Private Information. (f) The Member will hold The Foundation harmless and indemnify The Foundation in any action resulting from The Member's intentional or negligent breach of these responsibilities. In the event that The Member does not fulfill the above-stated responsibilities, some or all of the privileges of membership outlined in Section II may be restricted or revoked. Section IV - New Versions of The Agreement The Foundation may from time to time, at its discretion, update the Agreement in whole or in part. Newer versions of the Agreement will be published by The Board to the NetBSD Developers Mailing List (xxxxxxxxxxxxx@NetBSD.org) and to The NetBSD Foundation Web Site (http://www.NetBSD.org/) sixty (60) days before they are to take effect. The Member agrees to be bound by updated versions of the Membership Agreement, or immediately resign the Membership and waive all privileges thereof, and agrees that continued use of Foundation resources (including membership on private Foundation mailing lists) after the effective date of new versions of this Agreement will constitute affirmative acceptance of new versions of The Agreement. Section V - Termination of the Agreement This Agreement may be terminated by The Member any time by sending a resignation message to The Foundation. The Foundation reserves the right to terminate agreements with Members, especially if: (1) they have been inactive (as defined in The Bylaws of The Foundation) for more than two (2) years, or (2) they have repeatedly and/or severely violated the policies of The Foundation, or violated the terms of The Agreement After termination of The Agreement by either party, sections III(b) through III(f) shall remain in effect. Section VI - Agreement between The Member and The NetBSD Foundation, Inc. I, the under-signed Member, accept the privileges and responsibilities associated with becoming a NetBSD Foundation Member as outlined above. I understand that either myself or The NetBSD Foundation, represented by The Board, or by a Committee in charge of Membership affairs appointed by The Board, reserve the right to terminate this Agreement and my NetBSD Member's Account at any time. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA. Each party to this Agreement submits to the non-exclusive jurisdiction of the state or federal courts in New York. The Member: ___________________________ _______________________________ (print name) (signature and date) The NetBSD Foundation, represented by its authorized Member: ___________________________ ________________________________ (print name and title) (signature and date)