Any person or entity who wants to participate in a FOSS project of Industria de Diseño Textil, S.A. ("INDITEX") must have a Contributor License Agreement ("CLA") signed.
By signing this CLA, You accept and agree to the following terms and conditions for Your present and future Contributions submitted to INDITEX. Except for the license granted herein to INDITEX and recipients of software distributed by INDITEX, You reserve all right, title, and interest in and to Your Contributions.
Please read this document carefully before signing and contributing.
This Agreement is effective as of the date of signature. The rights that you grant to us under these terms are effective on the date you first submitted a Contribution to us, even if your submission took place before the date you agreed to these terms and conditions.
"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with INDITEX.
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 is submitted by You to INDITEX for inclusion in, or documentation of, any of the products owned or managed by INDITEX (the "Work").
"Property Rights" means all types of legal rights that protect creative work, inventions, brands, and confidential information. This includes:
- Copyright-related rights
- Industrial property rights, like patents, trademarks or designs.
- trade secrets
- Image Rights
- Domain names on the internet
It also includes the right to register or protect these rights legally and the ability to create and profit from modified or new works based on the original contribution.
"Submit" means any form of electronic communication, including, without limitation, upload, communication on mailing lists, source code control systems, pull requests and bug tracking systems that are used by INDITEX for its FOSS Project.
"Third Party Materials": Anything you didn't create, like someone else's software.
By submitting your Contribution, and subject to this Agreement, you grant INDITEX and anyone who receives the software from INDITEX a worldwide, permanent, non-exclusive, royalty-free license to:
- use, copy, modify, adapt, test, run, host, access, share, sublicense, and distribute your Contribution and any derivative works;
- use your Contribution whether commercial or non commercial purposes, including the right to sell, lease, or otherwise make it available, in whole or in part, to others, publicly or privately;
- fix bugs, maintain, and further develop the Contribution for any purpose.
This license applies to your Contribution in any format.
INDITEX is expressly authorized to determine the licensing terms of the project, and by extension, of your contribution once integrated, whether under open source or proprietary terms.
INDITEX is not required to accept your Contribution. If INDITEX chooses not to use it, the rights and licenses granted will no longer apply.
You guarantee that:
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a. You have the legal right to share your Contribution. If your employer or someone else owns any rights to it, you confirm that:
- You got clear permission to contribute it,
- Or your employer gave up their rights,
- Or your employer signed a separate agreement with INDITEX.
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b. Your Contribution is your own original work.
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c. You have the legal authorizations and/or permissions to submit third-parties Works. If it includes anything under a third-party license (like patents, trademarks, or other restrictions), you must fully disclose that.
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d. If anything changes or becomes inaccurate you agree to immediately notify INDITEX.
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e. You comply with any legal obligations, requirements and responsibilities including those established by the European Union, including the Cyber Resilience Act, and/or Spanish law.
Any breach of these minimum quality assurance requirements may result in the rejection of the Contribution by INDITEX.
The relationship of the parties under this Agreement is that of independent contractors, and neither party will have the right to act as the agent of the other party.
This Agreement is the only agreement that covers this topic. It replaces any previous negotiations or agreements about the same subject matter.
In the event that any provision is held to be invalid, such provision shall be modified to make it enforceable. Notwithstanding the invalid provision, the remainder of the Agreement shall remain in full force and effect.
If the provision cannot be modified, it shall be deemed not to have been made, and the remainder of the Agreement shall be construed in a manner that best reflects the original intent of the parties.
If you have another separate agreement with INDITEX on the same subject, that separate agreement will take priority, e.g, if you are an INDITEX Provider your Contribution will be governed by the INDITEX's Providers Terms of Conditions
If that separate agreement doesn't grant the same rights as this one, the intellectual property terms in this Agreement will still apply.
These separate agreements don't affect others involved in the Project.
Any changes to this Agreement must be in writing to be valid.
INDITEX wants you to know that it will handle your personal data to manage and carry out this Agreement. Your data will only be kept for as long as needed to do that, or as required by law in case any legal responsibility arises later.
The reason INDITEX is allowed to process your data is because it's necessary to fulfill this Agreement.
Sometimes, to meet legal or business needs, INDITEX may share your data with other companies in the Inditex Group. These companies are all located within the European Economic Area and are involved in areas like real estate, logistics, clothing, home products, cosmetics, and e-commerce support.
You have rights over your personal data. You can:
- See what data they have about you
- Ask to correct or delete it
- Object to how it's used
- Limit how it's used
- Request a copy (data portability)
To use these rights, email: dataprotection@corporation.com
If you're not satisfied with how your data is handled, you can file a complaint with your local data protection authority, or with the Spanish Data Protection Authority.
If you have any questions about your data, you can also contact INDITEX's Data Protection Officer.
This Agreement, and any conflict resulting from it, will be governed by the laws of Spain.
The parties agree to try to resolve any dispute about the interpretation or performance of this Agreement in a friendly way.
If no agreement is reached within fifteen days, the dispute will be submitted to the Courts of Madrid, Spain. The parties expressly and voluntarily waive any other jurisdiction that may apply.
The parties hereby agree that this Agreement may be executed with electronic signatures and shall be valid and binding on the parties.