Contributor Agreement* I agree to the terms below
The Patient Safety Movement Foundation (“PSM ”) sponsors projects for the purpose of advancing patient safety and generally for the public benefit. This agreement is intended to ensure that PSM and those it works with (collectively, the “Foundation ”) can seek contributions from individuals and companies and have the rights to use those contributions without any restriction whatsoever as long as the contribution is used for non-commercial purposes. The individual or company that signs this agreement is granting these rights to the Foundation. This agreement is for your protection and the protection of the Foundation; it does not change your rights to use your Contributions for any other purpose.
This agreement applies to your contribution of any ideas, information, original works of authorship, feedback, samples, graphics, specifications, manuals, documentation, materials, and any other contribution (collectively, “Contribution ”) to any project of PSM to which you contribute (“Project ”) and sets out the intellectual property rights you grant to the Foundation to use your Contribution. The term “you” refers to the person identified in the signature line below. If your Contribution is on behalf of a company or other entity, the term “you” will also mean the company you identify below. If you agree to be bound by these terms, fill in the information requested below and provide your signature. If you do not agree to these terms, you may not contribute to the Project.
You agree as follows:
1. You hereby assign to the Foundation joint ownership of any copyrights, or copyright applications and registrations, or their equivalents, or any other intellectual property rights (collectively, “Intellectual Property Rights”) that you have in your Contribution.
2. To the extent the above assignment is or becomes invalid, ineffective or unenforceable, you hereby grant to the Foundation a perpetual, irrevocable, non-exclusive, universal, no-charge, royalty-free, unrestricted license to exercise all rights under your Intellectual Property Rights in your Contribution for non-commercial purposes. This includes, without limitation, the right to (i) sublicense these same rights to third parties, (ii) modify, edit, combine with other materials, translate, include in or with other Contributions or other materials obtained from any source, and create derivative works of your Contribution (collectively, the result of any of the foregoing, “Adaptation ”), and (iii) translate, reproduce, display, perform, and transmit the Contribution, in whole or in part, as unmodified or an Adaptation.
3. You agree that both you and the Foundation can do all things in relation to your Contribution, including, without limitation, register a copyright of your Contribution and exercise all ownership rights associated with it, as if each of us were the sole owners, and if either you or the Foundation, or anyone, makes an Adaptation of your Contribution, the one who makes the Adaptation (or has it made) will be the sole owner of that Adaptation, or if that Adaptation is also a Contribution to the Foundation, then it will be jointly owned by the Foundation consistent with the terms in this agreement.
4. You agree that you will not assert any moral rights or any of your ownership rights in your Contribution against the Foundation.
5. You agree that neither of us has any duty to consult with, obtain the consent of, pay, or give an accounting to the other for any use, distribution, or Adaptation of your Contribution.
6. The Foundation agrees to give you attribution for your Contribution and you grant the rights to use your name, image, likeness, and biographical and professional information (including information Contributor provides to the Foundation, and any other information about Contributor that is publicly available) or provided by Contributor from time to time in connection with your Contribution and/or any Adaptations.
7. If your Contribution consists of, refers to, or includes to the best of your knowledge or belief any Contribution of a third party, you will not include that Contribution in your Contribution without first informing the Foundation, so that the Foundation may seek a similar agreement with that third party.
8. By signing below and when submitting your Contribution to the Foundation, you are representing to the best of your knowledge and belief that, subject to Section 7 above, the Contribution (i) is your sole and original creation and that you have the right to grant the rights specified in this agreement, (ii) does not infringe or violate any rights of a third party, whether those rights be intellectual property rights or other rights, (iii) unless you notify the Foundation in writing, has not been shared publicly or with any third party unrelated to you, and (iv) does not misrepresent the source, content, or any material fact about you, your Contribution, or the purpose of your Contribution (e.g., you are trying to or could influence the Foundation to develop standards that benefit you or a related third party).
9. Other than the above representations, you are not providing any other warranties regarding your Contributions, and they are being provided on an “as is” basis, without warranties or conditions of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose.
10. Except as specifically set out in this agreement, you keep all right, title, and interest in your Contribution. The rights that you grant to the Foundation under these terms are effective on the date you first submitted your Contribution to the Foundation, even if you submitted your Contribution before the date you sign this agreement.
11. This agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute concerning this agreement will be exclusively decided by the State or Federal courts in Orange County, California, and you irrevocably consent to the exclusive jurisdiction of those courts.