Thank you for your interest in contributing to Echo and related projects maintained by Modoterra Corporation (“Modoterra,” “we,” “us,” or “our”).
This Contributor License Agreement (“Agreement”) documents the rights granted by contributors to Modoterra. To make a Contribution, you must accept this Agreement.
Acceptance is by contribution. By submitting a Contribution (for example by opening a pull request, pushing commits, or otherwise sending code, documentation, or other materials intended for inclusion in a Modoterra project), you accept and agree to this Agreement. No separate signature, pull request statement, or click-through is required.
If you are making a Contribution on behalf of an employer or other entity, you represent that you have authority to bind that entity, and “you” means both you and that entity. Do not contribute on behalf of an entity unless that entity accepts this Agreement through your submission.
“Contribution” means any original work of authorship, including any modification or addition to an existing work, that is intentionally submitted by you to Modoterra for inclusion in, or documentation of, any product, project, or repository owned or managed by Modoterra (including Echo), in any form (source code, object code, patches, documentation, design notes, tests, examples, configuration, artwork, or other materials).
“Submit” means any form of electronic, verbal, or written communication sent to Modoterra or its representatives, including communication on source-code control systems, issue trackers, mailing lists, chat, and pull requests, but excluding communication that is conspicuously marked or otherwise designated in writing by you as “Not a Contribution.”
“Project” means any software, documentation, or other work to which a Contribution is submitted.
You hereby irrevocably assign, transfer, and convey to Modoterra Corporation, for the full term of protection available (including all renewals, extensions, and revivals), all right, title, and interest worldwide in and to each Contribution, including without limitation:
- all copyrights and copyrightable subject matter;
- all patent rights in inventions embodied in the Contribution, to the extent you own or control them and they are necessary to use, make, sell, offer for sale, import, or otherwise exploit the Contribution as part of any Project;
- all other intellectual property rights in the Contribution (including trade secrets, know-how, and sui generis database rights, where applicable); and
- all causes of action and rights to sue for past, present, and future infringement, misappropriation, or other violation of those rights, and to retain any recoveries.
To the extent any right cannot be assigned under applicable law, you hereby grant Modoterra an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to exercise all such rights to the maximum extent permitted by law, with the same practical effect as an assignment.
You agree to execute any documents and take any further actions reasonably requested by Modoterra to perfect, evidence, or enforce the assignment and licenses in this Agreement.
To the maximum extent permitted by applicable law, you waive (and agree never to assert) any moral rights, rights of attribution, rights of integrity, or similar rights in each Contribution against Modoterra and its licensees and successors. Where waiver is not permitted, you consent to all uses of the Contribution by Modoterra and its licensees that would otherwise infringe such rights.
Modoterra grants you a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, prepare derivative works of, distribute, and otherwise exploit your Contribution, solely as incorporated into copies of the Contribution that you retain. This license does not grant rights in any Project beyond your Contribution, nor in trademarks or branding.
Outbound licensing of Projects (including under the MIT License) is controlled solely by Modoterra.
You represent and warrant that:
- each Contribution is your original creation, or you have all rights necessary to make the assignment and grants in this Agreement;
- you have the legal authority to enter into this Agreement (and, if contributing on behalf of an entity, to bind that entity);
- the Contribution does not knowingly infringe, misappropriate, or violate any third-party intellectual property, privacy, publicity, or other right;
- the Contribution is not subject to any third-party license, obligation, or restriction that would conflict with this Agreement or with distribution of the Project under licenses chosen by Modoterra (including the MIT License), except for dependencies or third-party materials that you clearly identify in writing at the time of submission;
- if your employer or another party has rights to intellectual property that you create, you have received permission to make the Contribution and to assign and license it as required by this Agreement, or your employer or that party has waived such rights for the Contribution; and
- you will promptly notify Modoterra if you become aware that any representation in this section is or becomes inaccurate.
You are not expected to provide support for Contributions, except to the extent you choose to do so. Unless required by applicable law or agreed in writing, Contributions are provided as is, without warranties of any kind. Nothing in this Agreement obligates Modoterra to use, publish, or maintain any Contribution.
If you wish to submit work that is not your original creation, you may submit it separately from any Contribution, identifying the complete source and any license or other restriction, and conspicuously marking the work as “Submitted on behalf of a third party: [named here].”
This Agreement is the entire agreement between you and Modoterra concerning Contributions and supersedes prior agreements on that subject. Modoterra may update this Agreement from time to time. The version in effect when you Submit a Contribution applies to that Contribution. Continued submission after an update constitutes acceptance of the updated Agreement for new Contributions.
If any provision of this Agreement is held unenforceable, the remaining provisions remain in effect. Failure to enforce any provision is not a waiver. You may not assign this Agreement without Modoterra’s prior written consent; Modoterra may assign it freely. This Agreement benefits Modoterra’s successors and assigns.
This Agreement is governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Subject to applicable law, the state and federal courts located in Delaware have exclusive jurisdiction over disputes arising out of this Agreement.
You accept this Agreement by submitting a Contribution to this repository (or any other Modoterra project that incorporates this Agreement by reference). Opening a pull request, pushing commits intended for inclusion, or otherwise submitting materials as a Contribution is acceptance of the version of this Agreement in effect at the time of submission.
If you do not agree to this Agreement, do not submit a Contribution.
Corporate contributors: if Contributions are owned by a company, only people authorized to bind that company should submit them. Submission on behalf of a company constitutes that company’s acceptance of this Agreement for those Contributions.