CLA

Thank you for your interest in contributing to Nangeroni Design LLC’s Roadrunner Comfort (“We” or “Us”).  The purpose of this contributor agreement (“Agreement”) is to clarify and document the rights granted by contributors to Us.

If You are an employee and have created the Contribution as part of your employment or utilizing assets belonging to your employer, You need to have Your employer approve this Agreement.

If You do not own the Copyright in Your Contribution, the owner of the Contribution should also sign this.

Commitment

All contributors commit to fostering an environment of mutual kindness and respect. We recognize that imperfections are inherent in both our work and ourselves. Therefore, we prioritize building trust by seeking constructive solutions and avoiding blame. Our shared goal is to support each other in a collaborative and positive manner.

Definitions

“You” means the individual Copyright owner who Submits a Contribution to Us.

“Contribution” means any original work of Your authorship, submitted for inclusion into Material by You to Us.

“Copyright” means all rights protecting works of authorship for the full term of their existence.

“Material” means the software and/or documentation of Roadrunner Comfort that we make available to third parties.

“Submit” means any act by which a Contribution is transferred to Us by You, excluding only such transfer conspicuously designated by You as “Not a Contribution.”

“Documentation” means any non-software portion of a Contribution.

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 (except as stated in Section “Term”) license, with the right to transfer an unlimited number of non-exclusive licenses or to grant sublicenses to third parties, and to use the Contribution by all means, including, but not limited to:

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

Moral rights

Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law.

Patent License grant

Subject to the terms and conditions of this Agreement You hereby grant to Us and to recipients of Materials distributed by Us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable (except as stated in Subsection “Revocation of patent license”) 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 any Material (and portions of such combination).

Revocation of patent license

You reserve the right to revoke the patent license stated in Subsection “Patent license” if We make any infringement claim targeted at your Contribution and not asserted for a Defensive Purpose. “Defensive Purpose” means claims that 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.

Disclaimer

We acknowledge that you provide the Contribution “as is”. More particularly, You disclaim all express or implied warranties including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement.

Consequential damage waiver

To the maximum extent permitted by applicable law, in no event will You or We 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.

Approximation of disclaimer and damage waiver

If the disclaimer and damage waiver mentioned in Subsection “Disclaimer” and Section “Consequential damage waiver” 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 or contractual liability in connection with the Contribution.

Term

This Agreement shall come into effect upon Your acceptance of the terms and conditions.  In the event of a termination of this Agreement, Sections “Disclaimer”, “Term” and “Miscellaneous” shall survive such termination and shall remain in full force thereafter. For the avoidance of doubt, Free and Open Source Software (sub)licenses that have already been granted for Contributions at the date of the termination shall remain in full force after the termination of this Agreement.

Miscellaneous

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 New Mexico, USA excluding its private international law provisions.

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

In case of Your death, this agreement shall continue with Your heirs. In case of more than one heir, all heirs must exercise their rights through a commonly authorized person.

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.

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

You

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Us

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