Jembi Health Systems NPC is an Africa based non-profit company, registered in accordance with the company laws of South Africa, that develops and curates open source software and health information systems. We manage open source software Products; core areas of expertise include requirements gathering and management, technical system design and solution architecture, software development and quality control, implementation and capacity building, and monitoring and evaluation.
As an organisation Jembi Health Systems NPC is passionate about its open source Products and the developer and user communities that grow around them. As a member of one of these communities Jembi Health Systems NPC needs to have an agreement with You regarding your Contributions to the Product code and/or documentation that we curate.
Before Contributing to the Product Jembi Health Systems NPC requests you to please sign this Contributor License Agreement (CLA). CLAs are a commonly accepted practice for open source software projects. They are used to facilitate the broad use and distributions of the Product while retaining users’ confidence in the origins and ongoing existence of the Product code. This CLA gives Jembi Health Systems NPC permission to distribute your contributed code without restriction. It does not assign to us any copyright and the ownership of the intellectual property rights remains with you. It merely ensures that the Product remains open source. You cannot withdraw permission for its use at a later date.
Once signed this CLA between Jembi Health Systems NPC and You will be kept on file by Jembi Health Systems NPC as the legal curators of the intellectual property and copyright of the Product. This CLA is for both Your protection as a Contributor to the community as well as that of Jembi Health Systems NPC as the community curator. It does not change your rights to use Your own contributions for any other purpose. In signing this CLA You accept and agree to the following terms and conditions for Your present and future Contributions to the Product. Except for the license granted herein to Jembi and recipients of software distributed by Jembi Health Systems NPC, You reserve all right, title, and interest in and to Your Contributions.
"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Jembi Health Systems NPC. 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.
“Product” shall mean the quality-assured software code and associated developer,implementer and user documentation.
"Contribution" shall mean any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to Jembi for inclusion in, or documentation of, any of the products owned or managed by Jembi (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Jembi 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, Jembi 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."
Subject to the terms and conditions of this Agreement, You hereby grant to Jembi Health Systems NPC and to recipients of software distributed by Jembi Health Systems NPC 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.
Subject to the terms and conditions of this Agreement, You hereby grant to Jembi Health Systems NPC and to recipients of software distributed by Jembi Health Systems NPC 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) was 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.
You represent that you are legally entitled to grant the above license. If your employer(s) has rights to intellectual property that you create that includes your Contributions, you represent that you have received permission to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to Jembi, or that your employer has executed a separate Corporate CLA with Jembi Health Systems NPC.
You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.
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.
Should You wish to submit work that is not Your original creation, You may submit it to Jembi Health Systems NPC 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]".
You agree to notify Jembi Health Systems of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.