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CONTRIBUTION_LICENSE.md

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Contribution License

Last revised on July 17th, 2023

  1. Wing Cloud, Inc., a Delaware corporation and/or its affiliates (dba “Wing Cloud”) ("Company") may release and operate certain projects under an open-source licensing regime (the “Project(s)”). This document describes the license under which you provide your contribution If you wish to contribute to any Project. This document is provided for convenience and details the terms of the licenses you provide and granted as described under the Contributors Terms of Use available here (“CTS”). Contributing or otherwise participating in the Project is subject to the CTS which supersede in any discrepancy with this document. By contributing to the Project, you agree to comply with the CTS. NOTE: This document does not apply to or govern the use of (and/or contributions to) any Company’s licensed products or services which are subject to separate license agreements. For example, the Company Console Software Application, is governed by the Company Console Software License Agreement (the current version of which could be found here.

  2. Your Contribution is Yours. Your Contribution shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the Contribution is non-confidential. You may release your Contribution to the public, license it under any license or use it as an owner in any manner provided however that the licenses and waivers granted below shall remain in full force.

  3. You provide a license to the other users and to Company: By submitting any code, software, other proprietary materials or other contribution or user generated content (the “Contribution”) to the Project, you hereby grant: (i) all other contributors and user of the Project and its outputs a license under the license set by Company and detailed in the Project (e.g. MIT) and (ii) Company, a perpetual, worldwide, transferable, unconditional, non-exclusive, no-charge, royalty-free, irrevocable and sublicensable (including under an open source license) license to use, reproduce, prepare derivative work of, publicly display, publicly perform, sublicense and distribute, any Contribution and any derivative work of such Contribution under any copyrights, patent rights or other intellectual property rights (as exists anywhere in the world, including any rights in databases) you may own. The aforementioned license includes the rights to distribute any Contribution and license it under an open-source license as the licensee sees fit at its sole discretion. If the aforementioned license to Company is ineffective for any reason, you hereby, irrevocably and unconditionally waive and covenant not to assert any claim you may have against Company, our successor in interest, and any of our direct or indirect licenses and customers (including users of its open source projects), arising out of use, reproduction, preparation or derivative work, publicly display, public performant, sublicense or distribute of a Contribution or its derivative work. Company may license any code under the Project, including its code or any Contribution under an open-source license such as the MIT license*.* You hereby agree and understand that You will not be entitled to prevent any transfer of any Contribution to any third party (including purchasers of Company’s assets). For the avoidance of any doubt, Company is entitled at all times to cease any license or release. You are free to use your contribution as you see fit.

  4. No consideration. No consideration, commission, fee, bonus, reimbursement or any other form of payment shall be paid to you for any contribution you made or in connection with your participation in the Projects, and you explicitly wave any demand you had, have or may have in the future regarding such consideration.

  5. Your Representations. You represent and warrant that a Contribution is an original work and you are the rightful owner of the Contribution you submit, and that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Contribution, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights. You further represent that you can legally grant the rights under the CTS as described in this document and you are not aware of any claims, suits or actions pertaining to the Contribution. You will notify Company immediately if you become aware or have reason to believe that any of your representations and warranties is or becomes inaccurate. You explicitly agree that the rights in any intellectual property made by Company (in connection with or independently from the Project), shall vest at all times with Company, and nothing confers any rights in such intellectual property, to you unless such intellectual property is licensed to you, and in such case, the terms of the license shall govern your use rights in Company’s contributions. No intellectual property is assigned or transferred from Company under this document or the CTS.

  6. No Rights to Trademarks. You agree that nothing contained herein grants or shall be construed to grant you any rights to any of Company’s Trademarks, software, code, platform or solutions and you will not use Company's Trademarks, software, code, platform or solution in any manner that might tarnish, disparage, or reflect adversely on Company. For the purposes of this document and the CTS, the term, "Trademarks" means all trademarks, logos, service marks, trade names, internet domain names, or other indications of origin now or in the future used by Company.

  7. Wavier on attribution or control over changes (moral rights). You hereby explicitly waive any moral right you may have in and to the Contribution and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the Contributions. Without derogating from the above, you agree that Company, at its sole discretion, may publish your name and organizational affiliation (and any Contribution or information you provide) in connection with any contributions you make regarding the Project.

  8. No Warranty and limitation of liability. THE PROJECT AND ANY MATERIALS PROVIDED BY COMPANY ARE PROVIEDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH COMPANY’S OPERATION OR SOFTWARE, SOLUTION OR MATERIALS MADE OR PROVIDED BY STRTCH, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING ANY OR OTHER CONTRIBUTORS, ACCURACY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT IN CONNECTION WITH A PROJECT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING WITH THE PROJECT OR ANY OTHER INTERACTION THAT YOU MAY HAVE WITH OTHER CONTRIBUTORS. ANY MATERIAL CONTRIBUTED BY YOU OR OTHERWISE OBTAINED THROUGH THE PROJECTT ARE DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIALS. COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE PROJECT IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS CTS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF WARRANTY, OR OTHER THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUES, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PRIORLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANYS AGGREGATE LIABILITY TO YOU UNDER THE CTS OR THIS DOCUMENT EXCEED THE AMOUNT OF U.S. $50.

  9. Changes. Company may change the terms of the license regime and the CTS from time to time, at its sole discretion and without any notice however, we will take efforts to notify regarding substantial changes on the homepage of the Project or Company’s website and/or we will send you an e-mail regarding such changes to the e-mail address that you provided in the registration form (as applicable). Company may at any time, at its sole discretion, cease the operation of the Project or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Company does not assume any responsibility with respect to, or in connection with the termination of the Project and/or and loss of any data.

  10. We encourage you to carefully read the CTS before you participate in any Project. You can contact Company here: help@wing.cloud for any questions.