User:Gerv/IT Agreement: Difference between revisions

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==VOLUNTEER MOZILLA IT SECURITY AND CONFIDENTIALITY AGREEMENT==
==tl;dr==


This Volunteer Mozilla IT Security and Confidentiality Agreement (“Agreement”) is made this ___ day of
(This section is, unsurprisingly, not legally binding.)
 
We want you to come and help us make the web more awesome. But: 1. Keep your account details secret; don't mess with us, our users, the police or your current employer. 2, 3: Keep secret stuff secret; our stuff remains ours... 5: ...even when you stop working with us. 6: Either we or you can end this agreement at any time. 7: Your stuff is yours, but we can use it. 8: You can't sue us. 9: You can't say you represent MoFo or MoCo. 10. You aren't an employee (the government made us say this; this is also why this document says "Volunteer" so many times).
 
==MOZILLA IT SECURITY AND CONFIDENTIALITY AGREEMENT FOR VOLUNTEERS==
 
This Mozilla IT Security and Confidentiality Agreement for Volunteers (“Agreement”) is made this ___ day of
____________, 2011 (“Effective Date”), by and between _________________, an individual whose
____________, 2011 (“Effective Date”), by and between _________________, an individual whose
address is ___________________ (“you”) and Mozilla Corporation, a California corporation, having its
address is ___________________ (“you”) and Mozilla Corporation, a California corporation, having its
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Group”).
Group”).


In order to become Volunteer Mozilla IT, you must agree to this Volunteer Mozilla IT Security and
Mozilla IT handles data which must be kept confidential, sometimes under force of law, and the disclosure
Confidentiality Agreement. As Volunteer Mozilla IT, you will provide the Mozilla Group with a range of
of which could put at serious risk our millions of users around the world. So, in order to become  
services, such as bug fixing and administering our systems and may have access to some of our
Volunteer Mozilla IT, you must agree to this Volunteer Mozilla IT Security and
sensitive information (the “Services”). By signing this Agreement, you agree not to abuse your position by
Confidentiality Agreement. As Volunteer Mozilla IT, you will further the Mozilla mission by working on various tasks,
such as bug fixing and administering our systems (your “Contributions”) and may have access to some of our
sensitive information. By signing this Agreement, you agree not to abuse your position by
harming us or our systems or disclosing any Confidential Information disclosed to you or learned by you
harming us or our systems or disclosing any Confidential Information disclosed to you or learned by you
during the course of your Services, as further described below:
during the course of making your Contributions, as further described below:


===1. Credentials and Access===
===1. Credentials and Access===


You will receive one or more sets of Mozilla Group credentials. You will not allow anyone else to use
You will receive one or more sets of Mozilla credentials. You will not allow anyone else to use
these credentials or help anyone else access any Mozilla Group system. Should you become aware
these credentials or help anyone else access any Mozilla system (unless doing so is part of your job). Should you become aware
of any use of your credentials by someone else, you will immediately notify us by discussing the issue
of any use of your credentials by someone else, you will immediately notify us by discussing the issue
with your direct supervisor; until such notice is received you will be presumed to have taken all
with your direct supervisor; until such notice is received you will be presumed to have taken all
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You represent and warrant that:
You represent and warrant that:


# you shall not take any steps to intentionally or negligently harm or aid a third party to harm the Mozilla Group, its systems, employees, consultants, business partners or end users;
# you shall not take any steps to intentionally or negligently harm or aid a third party to harm Mozilla, its systems, employees, consultants, business partners or end users;
# you shall comply with all applicable laws and regulations as well as with any policies provided by the Mozilla Group to you during the performances of the Services; and
# you shall comply with all applicable laws and regulations as well as with any policies provided by Mozilla to you as you are making your Contributions; and
# you have no outstanding agreement or obligation (for example, with an employer or another project) that is in conflict with any of the provisions of this Agreement and you will not enter into any such conflicting agreement during the term of this Agreement.
# you have no outstanding agreement or obligation (for example, with an employer or another project) that is in conflict with any of the provisions of this Agreement and you will not enter into any such conflicting agreement during the term of this Agreement.


===2. Confidential Information===
===2. Confidential Information===


“Confidential Information” means nonpublic information related to the Mozilla Group, its
“Confidential Information” means nonpublic information related to Mozilla, its
employees, contractors or business partners and includes, but is not limited to: (a) personal and
employees, contractors or business partners and includes, but is not limited to: (a) personal and
potentially personal information of the users of the Mozilla Group websites and products; (b) non-
potentially personal information of the users of Mozilla websites and products; (b) non-
public information related to the Mozilla Group’s financial results, business strategy, distribution
public information related to Mozilla’s financial results, business strategy, distribution
relationships or business performance; (c) matters of a technical nature such as inventions or
relationships or business performance; (c) matters of a business nature such as costs, profits, policies, members, and
research projects; (d) matters of a business nature such as costs, profits, policies, members, and
strategies; and (d) personnel and other information which has not been disclosed by Mozilla
strategies; and (e) personnel and other information which has not been disclosed by the Mozilla
to the general public. Because we work in the open, Mozilla has a lot less of this than your average company, but it still
Group to the general public. You agree that you will not use or disclose Confidential Information, for
has some and it still needs protecting effectively. So, you agree that you will not use or disclose Confidential Information for
any purpose except for the purposes of performing your Services. You shall obtain no right, title or
any purpose except for the purposes of making your Contributions. You shall obtain no right, title or
interest in the Confidential Information and shall return all tangible Confidential Information upon
interest in the Confidential Information and shall return all tangible Confidential Information upon
request.
request.
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No license, title, or right with respect to any Confidential Information is granted by Mozilla to you
No license, title, or right with respect to any Confidential Information is granted by Mozilla to you
under any patents, patent applications, trademarks, copyrights, trade secrets, or otherwise.
under any patents, patent applications, trademarks, copyrights, trade secrets, or otherwise.
'''(XXX Some of this is redundant with section 2)'''


===4. Disclaimers===
===4. Disclaimers===
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Information of the Mozilla Group. ALL INFORMATION PROVIDED BY MOZILLA HEREUNDER IS
Information of the Mozilla Group. ALL INFORMATION PROVIDED BY MOZILLA HEREUNDER IS
“AS IS” AND WITHOUT WARRANTY.
“AS IS” AND WITHOUT WARRANTY.
'''(XXX Almost all of this is redundant with section 3)'''


===5. Duration of Confidentiality===
===5. Duration of Confidentiality===
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===6. Term===
===6. Term===


This Agreement shall be effective as of the Effective Date and may be terminated immediately
This Agreement shall be effective as of the date it is signed and may be terminated immediately
by either party without cause with respect to further disclosures, upon written notice to the other party.
by either party without cause with respect to further disclosures, upon written notice to the other party.
Unless terminated earlier, this Agreement shall automatically expire one year from the Effective Date;
 
provided, however, that the rights and obligations accruing prior to termination as set forth herein
'''(XXXRemoved automatic termination; that seems like a paperwork PITA.)'''
shall survive the termination for the remainder of the period specified in Section 5 above.


===7. Ownership===  
===7. Ownership===  


All notes, code, ideas, documents, and any other work product you create in the course
All notes, code, ideas, documents, and any other work product you create in the course
of performing the Services, including all intellectual property rights therein (“Work Product”), as
of making the Contribution, including all intellectual property rights therein (“Work Product”), as
between Mozilla and you, shall remain your property. You hereby grant Mozilla, under all of your
between Mozilla and you, shall remain '''your''' property. You hereby grant Mozilla, under all of your
rights in the Work Product, a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to
rights in the Work Product, a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to
use, reproduce, distribute, perform, display, modify, sublicense, transfer and otherwise use the Work
use, reproduce, distribute, perform, display, modify, sublicense, transfer and otherwise use the Work
Product for any purpose. You agree to inform Mozilla in writing before incorporating any third party
Product for any purpose. An exception to this is code or other work contributed to a public Mozilla repository; in
that case, you may contribute under the standard licensing terms for that repository.
You agree to inform Mozilla in writing before incorporating any third party
materials into any Work Product. By providing us with Work Product, you confirm that, to the best of
materials into any Work Product. By providing us with Work Product, you confirm that, to the best of
your knowledge, the Work Product does not violate the rights of any person or entity.
your knowledge, the Work Product does not violate the rights of any person or entity.
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===9. Not a Mozilla Representative===
===9. Not a Mozilla Representative===


You may not represent yourself as an agent of the Mozilla Group for
You may not represent yourself as an agent of the Mozilla Corporation or Foundation for
any purpose, and you have no authority to bind the Mozilla Group in any manner whatsoever.
any purpose, and you have no authority to bind either of those entities in any manner whatsoever.


===10. Independent Contractor===
===10. Independent Contractor===
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Your breach of any part of this Agreement may cause immediate and irreparable injury to
Your breach of any part of this Agreement may cause immediate and irreparable injury to
Mozilla or the Mozilla Group due to the potentially unique nature of Mozilla’s Confidential Information.
Mozilla due to the potentially unique nature of Mozilla’s Confidential Information.
Therefore, in addition to other remedies, you agree that Mozilla will have the right to equitable relief
Therefore, in addition to other remedies, you agree that Mozilla will have the right to equitable relief
and specific performance. You may not assign or transfer, in whole or in part, any of your rights,
and specific performance. '''(XXXThese need explaining - I have no idea what they are.)'''
You may not assign or transfer, in whole or in part, any of your rights,
obligations or duties under this Agreement without the prior written consent of Mozilla. This
obligations or duties under this Agreement without the prior written consent of Mozilla. This
Agreement constitutes the entire agreement between the parties and supersedes all previous
Agreement constitutes the entire agreement between the parties and supersedes all previous
Account confirmers, Anti-spam team, Confirmed users, Bureaucrats and Sysops emeriti
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