This Agreement continues to be discussed and is only a draft
Mozilla Volunteer IT Agreement
This top section is a summary of the terms below. It is provided as an aid to understanding - but be sure to read the entire document, because when you sign it, that indicates you accept all of it, not just this summary:
- We’re really happy you’re here to help make the web better. Please remember, you are a volunteer and not a Mozilla employee and we aren’t going to pay you or give you benefits (that’s what “volunteer” means);
- Keep your account details very secret – you’ll be responsible if someone uses your credentials to access our systems;
- Your name, email address and other contact information may be publicly viewable across the web in conjunction with your volunteer activities;
- Don’t do anything illegal or that could hurt us or anyone else;
- Keep secret stuff secret;
- Either you or we can end this agreement at any time;
- The stuff you create is yours, but we can use it under a perpetual license;
- You don’t represent us and can’t say you do.
Some parts below are in all-caps because we want them to be emphasized – sorry we had to shout.
This Volunteer Mozilla IT Agreement (the “Agreement”) is made as of the date below (the “Effective Date”) between the individual indicated below (“you”) and Mozilla Corporation, a California corporation, having its principal place of business at 650 Castro Street, Suite 300, Mountain View, CA, 94041-2072, it’s parent, subsidiaries and affiliates (“Mozilla”).
As Volunteer Mozilla IT, you will help advance the open web by working on various tasks, such as bug fixing and administering our systems (your “Volunteer Activities”) and may have access to data which must be kept confidential, sometimes under force of law. The misuse of some of this data could even put at serious risk our millions of users. Therefore, in order to become Volunteer Mozilla IT, you must agree to this Mozilla Volunteer IT Agreement. By signing this Agreement, you agree not to abuse your position by harming us or our systems or misusing or disclosing any Confidential Information disclosed to you or learned by you during the course of performing your Volunteer Activities, as further described below:
2. Volunteer Status
First, thank you for becoming a Mozilla volunteer. BY AGREEING TO BECOME A VOLUNTEER FOR US, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTEERING TO HELP ADVANCE THE OPEN WEB FOR NO PAYMENT OR RIGHTS OR BENEFITS (SUCH AS RETIREMENT, GROUP HEALTH, ETC.) PROVIDED TO MOZILLA EMPLOYEES. YOUR RELATIONSHIP WITH US IS SOLELY THAT OF A VOLUNTEER INDEPENDENT CONTRACTOR AND NOTHING IN THIS AGREEMENT CREATES A PARTNERSHIP, AGENCY, JOINT VENTURE, EMPLOYMENT OR ANY OTHER TYPE OF RELATIONSHIP. You are responsible for obtaining all applicable licenses and permits required for performance of this Agreement. All activities and work performed under this Agreement will be at your own risk and liability.
3. Credentials and Access
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 system using your credentials. Should you become aware of any use of your credentials by someone else, you will immediately notify us by discussing the issue with your Mozilla contact; until such notice is received you will be presumed to have taken all actions made using your credentials. Mozilla will have complete control and discretion over capabilities associated with your credentials and may change them for any reason at any time. Your name and email address, or a derivative of it, may be visible worldwide via the Internet.
You represent and warrant that:
- 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 Mozilla to you; 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.
Because Mozilla works in the open, compared to most companies we have very little Confidential Information. However, we do have some data that must be kept confidential, either because it is required by law or the misuse or disclosure of such data could hurt us or our employees, contractors, users or business partners. Therefore, under this Agreement, “Confidential Information” means nonpublic information related to Mozilla, its users, employees, contractors or business partners and includes, but is not limited to: (a) personal and potentially personal information of the users of Mozilla websites and products; (b) nonpublic information related to Mozilla’s financial results, business strategy, distribution relationships or business performance; (c) certain matters of a technical nature such as inventions or research projects or our business partners; (d) matters of a business nature such as costs, profits, policies, members, and strategies; and (e) personnel and other information which has not been disclosed by Mozilla to the general public. You agree that you will not use or disclose Confidential Information for any purpose except for the purposes of performing your Volunteer Activities.
For purposes of clarification, Confidential Information does not include information that you can document: (i) has legally and properly entered the public domain through another source and through no fault of yours (e.g., code in Mozilla public repositories, non-confidential bugs in the Mozilla bug tracking system, discussions in public discussions groups); (ii) was rightfully known to you or was rightfully in your possession, without an obligation to keep it confidential, prior to the commencement of your work on behalf of Mozilla; or (iii) was approved for release by written authorization of Mozilla.
5. Confidential Obligations and Disclaimer
You will not disclose Confidential Information to anyone else, except as expressly allowed in this Agreement. You will use the same degree of care, but never less than a reasonable standard of care, to prevent the unauthorized disclosure or dissemination of Confidential Information as you do to protect your own similar confidential information from unauthorized disclosure or dissemination.
All tangible Confidential Information shall remain the property of Mozilla and its licensors, and upon request by Mozilla, you shall immediately return or destroy, at Mozilla’s option, all of Mozilla’s tangible Confidential Information, including copies.
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.
ALL INFORMATION PROVIDED BY MOZILLA HEREUNDER IS “AS IS” AND WITHOUT WARRANTY.
6. Term of this Agreement
This Agreement shall be effective as of the Effective Date and may be terminated immediately by either party without cause with respect to further disclosures, upon written notice to the other party. Also, unless terminated earlier, this Agreement shall automatically expire twelve (12) months from the Effective Date. Sections 4-11 shall survive any termination or expiration of this Agreement. For clarity, your obligations hereunder with respect to each item of Confidential Information shall survive termination of this Agreement until all Confidential Information is no longer subject to protection under the terms of this Agreement.
7. Ownership of Work Product
All notes, code, ideas, documents, and any other work product you create in the course of performing your Volunteer Activities, 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 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 Product for any purpose. An exception to the prior license 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 your knowledge, the Work Product does not violate the rights of any person or entity.
8. Limitation of Liability
MOZILLA’S LIABILITY TO YOU FOR ANY BREACH ARISING OUT OF OR RELATING TO THIS AGREEMENT (A) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND (B) SHALL NOT INCLUDE ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EMOTIONAL DISTRESS DAMAGES OF ANY KIND.
9. Not a Mozilla Representative
You may not represent yourself as an agent of Mozilla for any purpose, and you have no authority to bind Mozilla in any manner whatsoever.
10. Equitable Relief
Your breach of any part of this Agreement may cause immediate and irreparable injury to Mozilla or its users, due to the potentially unique nature of Confidential Information. Therefore, in addition to other remedies, you agree that Mozilla will have the right to equitable relief and specific performance (such as an injunction against you to prevent release of Confidential Information or a court order ordering you to return Confidential Information).
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 Agreement constitutes the entire agreement between the parties and supersedes all previous communications with respect to its subject matter. Each party represents to the other that this Agreement has been duly executed by it or its duly authorized officers or agents and constitutes a valid, binding and enforceable obligation of such party. This Agreement shall not be amended or modified except by a writing signed by a party or its duly authorized representative. A copy transmitted via facsimile or email of this Agreement, bearing the signature of one or both parties, shall be deemed to be of the same legal force and effect as an original of this Agreement bearing such signature(s) as originally written of such one or more parties.
Your Name: __________________________________________________________