ESP Component Registry

# Terms of Use ## Effective date Thank you for using ESP Component Registry (or “Registry”). Please read this Terms of Use agreement carefully before accessing or using Registry. The user (“User” or “You”) who uses the Registry declares and accepts that he/she is bound by the terms set forth in this agreement (“Agreement”). Absent any such acceptance, the Agreement may not be deemed finalized and, consequently, the User shall not be authorized to use the Service (as defined below). PLEASE NOTE THAT THIS TERMS OF USE IS SUBJECT TO CHANGE BY ESPRESSIF IN ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE. When changes are made, ESPRESSIF will make a new version of this Terms of Use available at: https://components.espressif.com/pages/terms. If you do not agree to any change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). ## 1. Our Services Registry is a Service devised and managed by Espressif Systems (Shanghai) Co., Ltd. (“ESPRESSIF”, “we”, “us”, and “our”), which allows Users to use components (or “Contents”) for building their IoT applications or upload components developed by themselves (or “User-Generated Contents”, included in “Contents”). It provides components compatible with Espressif Software products to reduce complexity in the development of your IoT applications. ## 2. User’s Account Registry requires User to have a GitHub or GitLab account to log in and use the service. ## 3. The User’s duties **3.1** You must comply with the provisions of this Agreement, any applicable laws, regulations, and licenses when using Registry or Contents. **3.2** You undertake to use the Registry solely in accordance with this Agreement and solely for purposes of using the Services. Specifically, you undertake not to: - (a) tamper with or operate on the Registry hardware without ESPRESSIF’s intervention and authorization; - (b) use the Registry should the Account have been temporarily or permanently suspended; - (c) use the Registry to create or incorporate other datasets correlated to ESPRESSIF to be used for a service that is similar or identical to the Service; - (d) provide ESPRESSIF with data that is false, inexact, misleading, or which gives rise to adverse consequences for third parties; - (e) spread viruses, malware, or any other technology designed to harm the Registry, other Users’ devices, breach ESPRESSIF’s rights or the rights of other Users, or in any way to hinder or disturb the use of the Services by other Users; - (f) use any mechanism, software, or procedure that may interfere with the proper operations of the Registry; - (g) circumvent instruments prepared by ESPRESSIF to ensure the security of the Registry and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders); - (h) upload to the Registry or in any way communicate or send through the Registry to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to ESPRESSIF, or contrary to law, or in breach of third parties rights. ## 4. Use of the Services **4.1** ESPRESSIF undertakes to ensure that the Registry remains active and accessible, providing technical assistance in order to resolve problems relating to the use of the Account due to Registry problems attributable to ESPRESSIF, through the E-mail Account: components@espressif.com . Given the characteristics of the Services, you acknowledge that ESPRESSIF will not be accountable for problems in accessing the Registry due to causes that are not directly connected to ESPRESSIF’s activities or for which it is responsible and, specifically: - (i) problems relating to connectivity and continuity of Internet traffic available to you; - (ii) problems relating to your IT systems; - (iii) problems relating to the terminals used by you, including malfunctioning of devices used by you and including cases in which these devices (such as smartphones, tablets, computers) are not compatible or fast enough to allow the use of the Services; - (iv) interruption of access to your Internet network; - (v) non-compatibility between your mobile device or browser and the Registry; - (vi) any other event which is not caused by ESPRESSIF. **4.2** Through the use of the Services, you may encounter differences between the real conditions and those indicated in the data accessible through the Registry. You acknowledge and undertake to exercise their own judgement irrespective of the use of the Registry and its functions, according to your own responsibility and at your own risk and peril. You are liable for your conduct and the consequences of the same. **4.3** The Registry may include links to third-party websites which are not controlled or managed directly by ESPRESSIF. ESPRESSIF is not liable for the information and, in general, for your browsing on these websites operated by third parties. **4.4** ESPRESSIF has the right, but not the obligation, to monitor the Contents on the Platform, to determine compliance with the Terms of Use and any other operating rules established by ESPRESSIF. ESPRESSIF has the right in our sole discretion to edit, refuse to post, or remove any Contents uploaded to or posted on the Platform that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on the Platform. You acknowledge and agree, that ESPRESSIF does not have any liability for any action or inaction with respect to any conduct, communication, or posting on the Platform. ## 5. User-Generated Contents **5.1** You understand and promise that Contents that you upload to Registry are created by you or have been legally authorized (including sub-authorization). The intellectual and industrial property rights in any Contents you upload and publish through Registry belong to you or the original copyright owner. You are solely liable for your User-Generated Contents. Espressif is not responsible for any public display or misuse of your User-Generated Content. **5.2** Through uploading or submitting your User-Generated Contents to the Registry, You grant ESPRESSIF or its successors and assignees the right to copy, store, archive, parse, and display Your User-Generated Content, in order to provide and improve Service over time. **5.3** You grant other Users or us the right to use your User-Generated Content in accordance with the license you adopt. If your User-Generated Content do not contain any license, you automatically grant a perpetual, worldwide, free, non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use your User-Generated Content and to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the Contents throughout the world using any means and for any purpose when uploading or submitting your User-Generated Contents to the Registry. **5.4** You are liable for the Contents published or sent to ESPRESSIF and undertake not to publish, upload or otherwise make public Contents which: - (i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive, or in any other way contrary to law and public morality; - (ii) may constitute, encourage, promote or incite unlawful conduct; - (iii) may breach patents, trademarks, trade secrets, copyright, or any other intellectual or industrial property rights belonging to any party; **5.5** You state that you have no objection as to publication, use, modification, deletion, and usage of the Contents by ESPRESSIF or its successors and assignees. ## 6. Industrial and Intellectual Property You acknowledge that: - (i) ESPRESSIF has exclusive title to the intellectual and industrial property rights in respect of the Registry, software, and databases connected hereto; - (ii) ESPRESSIF has exclusive title to the Registry, the related know-how and all technical and trade information relating to the Registry; and you undertake not to infringe or disrupt these rights. ## 7. Term and Termination **7.1** This Agreement is open-ended and shall cease to be effective in those cases of termination contemplated below, in the event of closure of the Account and cessation of Service. **7.2** Suspension and Termination. We may change, suspend, or discontinue the availability or any functionality of the service, at any time without notice to you and without incurring any liability to you. We may also impose limits on certain features and services or restrict your access to part or all of the Service without notice to you and without incurring any liability to you. In addition, ESPRESSIF shall be entitled to cancel the Account should the User breach any obligation provided for under this Agreement following written notice sent by ESPRESSIF, without prejudice to any other remedy provided by law or provided by this Agreement in favor of ESPRESSIF. **7.3** Your Termination. You may terminate this Agreement for any reason or no reason at all, at your convenience, by ceasing your use of the Service. **7.4** Effect on Termination. Upon termination of this Agreement, all rights and licenses granted will terminate immediately. Neither party will be liable to the other party for damages of any sort resulting solely from the termination of this Agreement. **7.5** Deletion of Data. ESPRESSIF will use reasonable efforts to delete your password, name, and all related information associated with or inside your Account (or any part thereof) upon termination of this Agreement, or upon request. ## 8. Privacy and protection of personal data Your personal data shall be processed solely in accordance with the privacy policy statements which can be viewed at the address: https://components.espressif.com/pages/privacy_policy. ## 9. DISCLAIMER AND LIABILITY **9.1** Disclaimer. THE SERVICE ARE PROVIDED “AS IS,” “WHERE IS,” “WITH ALL FAULTS” AND WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. ESPRESSIF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/ NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR MAKE ANY CONDITION THAT THE SERVICES AND COMPONENTS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, ALL OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE USER AGREEMENT. **9.2** Limitation of Liability. ESPRESSIF WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR RELIANCE DAMAGES RELATED TO THIS AGREEMENT OR THE SERVICES. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOST BUSINESS OPPORTUNITIES, WHETHER YOU WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PARTIES HAVE NEGOTIATED THIS AGREEMENT WITH DUE REGARD FOR THE BUSINESS RISK ASSOCIATED WITH THE ARRANGEMENTS DESCRIBED IN THIS AGREEMENT. ## 10. Miscellaneous **10.1** Independent Relationship. Nothing in this Agreement will be deemed to create any agency, employment, partnership, fiduciary, or joint venture relationship between You and ESPRESSIF. **10.2** Governing Law. This Agreement will be governed in accordance with the laws of the People’s Republic of China. **10.3** Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such term or provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. **10.4** Assignment. ESPRESSIF may assign this Agreement to an associated company. You provide your consent to such assignment.