GitLab for Open Source Program Agreement
Open Source Program Agreement
Date of last revision: 2022/08/19
This Open Source Program Agreement (“Agreement”) is between GitLab Inc. with offices at 268 Bush Street, Suite 350, San Francisco, CA 94104 (“GitLab”), and the Open Source Project on behalf of which this Agreement is executed. This Agreement is entered into on the earlier of, (a) Member clicking “Agree” or “Yes” to the terms of this Agreement to gain initial access to, or use of, the Software or (b) Member being given access to the Software pursuant to the requirements of the GitLab for Open Source Program (“Effective Date”). GitLab and the Open Source Project each shall be referred to as a “Party” and collectively as the “Parties”.
If a Member is executing this Agreement on behalf of the Open Source Project, that Member represents that they have the authority to bind the Open Source Project to the terms of this Agreement and accept notice under this Agreement on behalf of the Open Source Project.
1. DEFINITIONS
“Affiliates” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, where “control” means at least fifty percent (50%) ownership of the outstanding shares of the entity or the ability to direct the management of the entity by contract or otherwise.
“Commercial Terms” means the GitLab Subscription Agreement located at https://about.gitlab.com/terms.
“Community Edition Software” means the publicly available, community-developed open-source software and components which may be provided with the GitLab Software.
“Confidential Information” shall have the meaning ascribed in Section 6 (Confidentiality).
“GitLab for Open Source Program” means the program guidelines and overview as found at https://about.gitlab.com/handbook/marketing/developer-relations/community-programs/opensource-program as updated from time to time, which include directions, rules, and requirements for participation in the GitLab for Open Source Program.
“GitLab Software” means software, and other branded offerings made available by GitLab and its Affiliates, including, but not limited to, GitLab’s “DevOps Lifecycle Application Platform”.
“Intellectual Property Rights” means all intellectual property rights throughout the world, including, without limitation, patents, copyrights, Trademarks, trade secrets and contractual or other rights in confidential information, moral rights, rights of privacy and publicity, and any other intellectual and industrial property and proprietary rights including registrations, applications, renewals and extensions of such rights worldwide.
“Open Source Project” means an organization or entity other than a federal or state governmental department which develops and manages Open Source Software.
“Open Source Software” means software licensed subject to an Open Source Initiative approved open source software license, such approved licenses being listed at https://opensource.org/licenses/alphabetical.
“Member” means an individual maintainer of, or contributor to, the Open Source Project having authority to bind the Open Source Project to the terms of this Agreement.
“Project Content” is all software, information, content, and data provided by or on behalf of the Open Source Project or made available or otherwise distributed through the use of the GitLab Software pursuant to this Agreement.
“Trademarks” means a Party’s corporate name, primary logo, and primary “button” or “icon” for use within others’ software to indicate an available integration, and any other logos, service marks, trademarks and certification marks that one Party expressly authorizes the other Party to use under this Agreement in writing.