OVMS3-idf/docs/contributor-agreement.rst

Contributor Agreement
=====================

Individual Contributor Non-Exclusive License Agreement
------------------------------------------------------

including the Traditional Patent License OPTION
-----------------------------------------------

Thank you for your interest in contributing to Espressif IoT Development
Framework (esp-idf) ("We" or "Us").

The purpose of this contributor agreement ("Agreement") is to clarify
and document the rights granted by contributors to Us. To make this
document effective, please follow the instructions at
https://github.com/espressif/esp-idf/blob/master/CONTRIBUTING.md.

1. DEFINITIONS
~~~~~~~~~~~~~~

**"You"** means the Individual Copyright owner who submits a
Contribution to Us. If You are an employee and submit the Contribution
as part of your employment, You have had Your employer approve this
Agreement or sign the Entity version of this document.

**"Contribution"** means any original work of authorship (software
and/or documentation) including any modifications or additions to an
existing work, Submitted by You to Us, in which You own the Copyright.
If You do not own the Copyright in the entire work of authorship, please
contact Us at angus@espressif.com.

**"Copyright"** means all rights protecting works of authorship owned or
controlled by You, including copyright, moral and neighboring rights, as
appropriate, for the full term of their existence including any
extensions by You.

**"Material"** means the software or documentation made available by Us
to third parties. When this Agreement covers more than one software
project, the Material means the software or documentation to which the
Contribution was Submitted. After You Submit the Contribution, it may be
included in the Material.

**"Submit"** means any form of physical, electronic, or written
communication sent to Us, including but not limited to electronic
mailing lists, source code control systems, and issue tracking systems
that are managed by, or on behalf of, Us, but excluding communication
that is conspicuously marked or otherwise designated in writing by You
as "Not a Contribution."

**"Submission Date"** means the date You Submit a Contribution to Us.

**"Documentation"** means any non-software portion of a Contribution.

2. LICENSE GRANT
~~~~~~~~~~~~~~~~

2.1 Copyright License to Us

Subject to the terms and conditions of this Agreement, You hereby grant
to Us a worldwide, royalty-free, NON-exclusive, perpetual and
irrevocable license, with the right to transfer an unlimited number of
non-exclusive licenses or to grant sublicenses to third parties, under
the Copyright covering the Contribution to use the Contribution by all
means, including, but not limited to:

-  to publish the Contribution,
-  to modify the Contribution, to prepare derivative works based upon or
   containing the Contribution and to combine the Contribution with
   other software code,
-  to reproduce the Contribution in original or modified form,
-  to distribute, to make the Contribution available to the public,
   display and publicly perform the Contribution in original or modified
   form.

2.2 Moral Rights remain unaffected to the extent they are recognized and
not waivable by applicable law. Notwithstanding, You may add your name
in the header of the source code files of Your Contribution and We will
respect this attribution when using Your Contribution.

3. PATENTS
~~~~~~~~~~

3.1 Patent License

Subject to the terms and conditions of this Agreement You hereby grant
to us a worldwide, royalty-free, non-exclusive, perpetual and
irrevocable (except as stated in Section 3.2) patent license, with the
right to transfer an unlimited number of non-exclusive licenses or to
grant sublicenses to third parties, to make, have made, use, sell, offer
for sale, import and otherwise transfer the Contribution and the
Contribution in combination with the Material (and portions of such
combination). This license applies to all patents owned or controlled by
You, whether already acquired or hereafter acquired, that would be
infringed by making, having made, using, selling, offering for sale,
importing or otherwise transferring of Your Contribution(s) alone or by
combination of Your Contribution(s) with the Material.

3.2 Revocation of Patent License

You reserve the right to revoke the patent license stated in section 3.1
if we make any infringement claim that is targeted at your Contribution
and not asserted for a Defensive Purpose. An assertion of claims of the
Patents shall be considered for a "Defensive Purpose" if the claims are
asserted against an entity that has filed, maintained, threatened, or
voluntarily participated in a patent infringement lawsuit against Us or
any of Our licensees.


4. DISCLAIMER
~~~~~~~~~~~~~

THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR
IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US AND BY US TO YOU.
TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH
WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.

5. Consequential Damage Waiver
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU
OR US BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS,
LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY
DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED.

6. Approximation of Disclaimer and Damage Waiver
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

IF THE DISCLAIMER AND DAMAGE WAIVER MENTIONED IN SECTION 4 AND SECTION 5
CANNOT BE GIVEN LEGAL EFFECT UNDER APPLICABLE LOCAL LAW, REVIEWING
COURTS SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROXIMATES AN ABSOLUTE
WAIVER OF ALL CIVIL LIABILITY IN CONNECTION WITH THE CONTRIBUTION.

7. Term
~~~~~~~

7.1 This Agreement shall come into effect upon Your acceptance of the
terms and conditions.

7.2 In the event of a termination of this Agreement Sections 4, 5, 6, 7
and 8 shall survive such termination and shall remain in full force
thereafter. For the avoidance of doubt, Contributions that are already
licensed under a free and open source license at the date of the
termination shall remain in full force after the termination of this
Agreement.

8. Miscellaneous
~~~~~~~~~~~~~~~~

8.1 This Agreement and all disputes, claims, actions, suits or other
proceedings arising out of this agreement or relating in any way to it
shall be governed by the laws of People's Republic of China excluding
its private international law provisions.

8.2 This Agreement sets out the entire agreement between You and Us for
Your Contributions to Us and overrides all other agreements or
understandings.

8.3 If any provision of this Agreement is found void and unenforceable,
such provision will be replaced to the extent possible with a provision
that comes closest to the meaning of the original provision and that is
enforceable. The terms and conditions set forth in this Agreement shall
apply notwithstanding any failure of essential purpose of this Agreement
or any limited remedy to the maximum extent possible under law.

8.4 You agree to notify Us of any facts or circumstances of which you
become aware that would make this Agreement inaccurate in any respect.

.. rubric:: You
   :name: you

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.. rubric:: Us
   :name: us

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