Chapter 6. Contributions Guide
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. Notwith-
standing, 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 EX-
PRESS 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 MIN-
IMUM 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 THE-
ORY (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 APPLICA-
BLE LOCAL LAW, REVIEWING COURTS SHALL APPLY LOCAL LAW THAT MOST CLOSELY APPROX-
IMATES AN ABSOLUTE WAIVER OF ALL CIVIL LIABILITY IN CONNECTION WITH THE CONTRIBU-
TION.
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.
Espressif Systems 1585
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