JAVA.NET WEBSITE TERMS OF PARTICIPATION

BY ACCESSING, BROWSING OR USING THIS WEBSITE, ANY OF THE SOFTWARE OR RELATED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE WEBSITE TERMS OF PARTICPATION. IF YOU DO NOT AGREE TO ALL OF THESE WEBSITE TERMS OF PARTICIPATION, DO NOT USE THIS WEBSITE.

1. This Website is made available by Sun Microsystems, Inc. ("Sun"), CollabNet, Inc., and O'Reilly & Associates, Inc. ("Hosts"). Software code and related materials on this Website ("Posted Materials") are subject to these Website Terms of Participation ("Website Terms of Participation"). Posted Materials may be provided as code, code samples, technical materials, articles, white papers, FAQs, e-mails, discussion thread postings, web logs ("blogs") wikis and other sources of information found on this Website. Posted Materials may be contributed by other users of this Website ("Users") or by the Hosts. You agree to be bound by any other licenses, terms, proprietary right notices and copyright notices, if any, found on this Website or accompanying the Posted Materials, which apply to software code or any other content or materials that you use and/or download from this Website. You also agree to be bound by the sun.com terms of use ("Terms of Use") presently found at: http://www.sun.com/share/text/termsofuse.html

2. In the event of any conflict between these Website Terms of Participation and the Terms of Use, these Website Terms of Participation prevail. In the event of any conflict between these Website Terms of Participation and any other license applicable to specific software, such other license prevails.

3. You agree that all software, related materials, technical materials, information and/or content of any sort submitted by you to this Website ("Submissions") may be made available on this Website (at the Hosts' sole discretion) under the Website Terms of Participation. Submissions of source code stored (a) in a CVS tree or (b) as a file release ("Source Code") shall also be after posted subject to one of the following licenses: (i) the OSI-approved license which you are allowed to chose as applicable to such Source Code; (ii) the Sun Community Source License ("SCSL") if chosen by you; (iii) such other licensing arrangements as may be approved by the Hosts; or (iv) if no license is chosen or applicable, then to the default license found at the end of these Website Terms of Participation (collectively the "Software License"). You acknowledge that these Website Terms of Participation rely upon the User who downloads Posted Materials or Source Code to (i) download the applicable copyright notice and (ii) download the applicable Software License, and then (iii) accompany the Posted Material with such legal documents during distribution in compliance with the Software License. You agree to assume all risk and consequences, including potential loss of legal rights, resulting from a User's failure to reproduce applicable copyright notices and/or the Software License within Posted Materials before distribution.

4. You agree to assume all risk in downloading any Posted Materials and from any use thereof you may choose to make. You must take precautions (e.g., virus scans, etc.) to ensure that whatever Posted Materials you download do not contain viruses, worms or other items of a destructive nature. The Hosts provide no assurances that the Posted Materials do not contain any viruses, problems or errors, nor that any such issues will be resolved.

5. You agree that Submissions made by you to this Website are not confidential and are not trade secrets. You agree to waive any right of privacy for all such Submissions, including information you provide in connection with Submissions. In all other respects your privacy rights are governed by the Privacy Policies found at:

and you agree to be bound by these Privacy Policies.

6. As between the Hosts and you, it is you, not the Hosts who has full responsibility for your Submissions, including their legality. You acknowledge that you, not the Hosts, are liable for all claims arising out of your Submissions or the use thereof, including but not limited to alleged violations of: (a) any party's legal or intellectual property rights; or (b) any statute, regulation or law of any country. You agree to indemnify and hold the Hosts and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, (i) made by any third party due to or arising out of any Submission you submit, post to or transmit through this Website; (ii) your violation of the Website Terms of Participation; or (iii) your violation of any rights of another.

7. IN NO EVENT WILL THE HOSTS OR THE OTHER USERS BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO YOUR DOWNLOAD OR USE OF POSTED MATERIALS FROM THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS DATA EVEN IF THE HOSTS OR THE OTHER USERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. POSTED MATERIALS ARE PROVIDED FOR DOWNLOAD AND/OR USE BY YOU ON AN "AS IS" BASIS. YOU ASSUME ALL RISK OF LOSS FOR THE DOWNLOAD OR USE OF POSTED MATERIALS. THE USERS AND HOSTS PROVIDE NO REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR NONINFRINGEMENT FOR THE DOWNLOAD OR USE OF POSTED MATERIALS. YOU ACKNOWLEDGE THAT THE POSTED MATERIAL ARE NOT DESIGNED, LICENSED OR INTENDED FOR USE IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY. THE HOSTS AND THE OTHER USERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.

9. The Hosts are committed to respecting others' intellectual property rights, and asks Users to do the same. The Hosts may, in their sole discretion, terminate the access rights of Users who are allegedly infringing or otherwise be violating others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to Sun's copyright agent:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on our Website;
4. Your address, telephone number and e-mail address so that we can contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

This information and statements should be sent to our copyright agent as described in Sun's copyright agent website located at http://www.sun.com/share/text/copyright_agent.html.

10. You acknowledge that the Hosts do not pre-screen Submissions or Posted Materials and can delete Posted Materials, Submissions or your access to this Website at any time for any reason or for no reason at all. The Posted Materials on this Website may contain technical inaccuracies or typographical errors. You understand that the Posted Materials, including the blogs and wikis, contain opinions that are the personal opinions of the authors and not the opinions of the Hosts even if the authors are employees of the Hosts. The Posted Materials and/or Website Terms of Participation may be changed or updated without notice. You acknowledge that the Hosts may establish general practices and limits concerning use and storage of content on the Website and that they reserve the right to change these general practices and limits at any time, in their sole discretion, with or without notice. You agree that the Hosts have no responsibility or liability for the deletion, failure to store or the backup of any Submissions or Posted Materials maintained or transmitted on this Website.

11. Posted Materials and Submissions may be subject to U.S. export controls or the trade laws of other countries. You will comply with all such laws and obtain such licenses as may be required. You will not export or re-export Posted Materials to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls. You will not use or provide Posted Materials for nuclear, missile, chemical or biological weaponry end uses. Posted Materials containing encryption software, technology and/or technical assistance involving encryption (collectively "Encryption Technology ") can be subject to U.S. Export restrictions. You agree not to submit any Encryption Technology in a Submission you make to this Website.

12. The Hosts do not claim ownership of Submissions you post or make available for inclusion on the Service. However, with respect to such Submissions, notwithstanding any other provision of these Website Terms of Participation, you grant to the Hosts a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license under your intellectual property rights (including, but not limited to, copyright, patent trademark and trade secret rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Submissions (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

13. 13. You must provide a "Copyright Notice" applicable to each Submission you make in the following format at the time that you make a Submission:

Copyright Claimed: Copyright (c) [Year] [Copyright Owner]. All Rights Reserved.

The "Year" is the year of first publication of that particular version of the Submission.

14. This Website may provide, or third parties may provide, links to other World Wide Web ("WWW") sites or resources. You acknowledge and agree that the Hosts are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources. You further agree that the Hosts shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.

15. These Website Terms of Participation shall be governed by, and construed in accordance with, the laws of the State of California and applicable U.S. Federal law without application of choice of law rules. These Website Terms of Participation are not governed by either (i) the United Nations Convention on the International Sale of Goods or (ii) the Uniform Computer Information Transactions Act ("UCITA"), as such may be adopted by various states. You and the Hosts hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction of the U.S. District Court for the Northern District of California, and the state courts of the State of California for the County of Santa Clara over you for any disputes arising out of these Website Terms of Participation.

16. Upon distribution by you, the Posted Materials are subject to the terms of the applicable Software License as described in section 3. You must follow the terms of the applicable Software License for such distribution, including, if required, inserting the Software License and the Copyright Notice applicable to that particular Posted Material. The Copyright Notice and, in some cases, the Software License, can be found on the web page from which you downloaded the Posted Materials and/or in the Posted Materials themselves.

JAVA.NET MEMBER BUG PERMISSION APPLICATION/AGREEMENT

Please read the Application/Agreement carefully and pay close attention to its accompanying terms. The term "Bug" in this Application/Agreement refers to the graphic indicating membership in Java.net as provided to you by Sun Microsystems. By accepting these terms, you will be entering into a legal and binding agreement with Sun. Be sure to follow these steps:

• Read the Application/Agreement CLOSELY.
• Click "Accept" if you agree to all of the terms, and receive instructions for downloading the Bug*
• Do not click "Accept" if you do not agree to all of the terms

1. The Bug is available only to members of Java.net. If you are not a member of Java.net do not continue with this application process. Please visit the following URL to apply for membership: www.dev.java.net
2. The purpose of the Bug is to identify member websites that support the Java.net Guiding Principles. Please review the Guiding Principles carefully at www.java.net/principles.html. You agree to use this bug only on a website that follows these guiding principles. You understand that if, in Sun's sole discretion Sun determines that a website does not support the Guiding Principles, Sun may revoke your right to use the Bug for any purpose.
3. You may only use the Bug as a link to Sun's Java.net page at http://www.java.net. You may not use the Bug for any other purpose, including advertising, marketing collateral, labels, packaging, letterhead or business cards.
4. You may not give away the Bug or otherwise provide, in any way, access to the HTML code for the link.
5. You agree to abide by the Sun Trademark and Logo Usage Requirements located at http://www.sun.com/policies/trademarks. You may not alter the Bug in any way, including its size, proportions, colors or elements, or otherwise change its appearance. The Bug must appear by itself; it may not be combined with any other graphic or textual elements and may not be used as an element of any other logo or mark.
6. Your use of the Bug must be truthful and not misleading nor may it imply any relationship with, or endorsement or sponsorship by Sun, other than membership in Java.net and the website's support of the Guiding Principles. You may not use the Bug in connection with any statements or materials that in Sun's judgment are in poor taste or reflect poorly on Sun, its products, technologies or services. Additionally, you may not use the Bug on any web site that is in violation of any applicable laws or government regulations.
7. Where feasible, please consider placing the following legend on a web page accessible from the page where the Bug appears: "Java and the Java Coffee Cup Logo are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries."
8. Sun reserves the right to modify these guidelines or the Bug or create a new Bug at any time. You agree to either modify your use of the Bug or stop all use of the Bug thirty (30) days following electronic notice from Sun. Sun reserves the right to terminate this agreement at any time. You agree to stop all use of the Bug within 24 hours of notice of termination.
9. You acknowledge that Sun is the sole owner of the Java coffee cup logo, the Java trademark and all Java-based trademarks for use in connection with computer related products, or services, and the good will associated with these marks. Your use of the Bug inures solely to Sun's benefit. You will not do anything inconsistent with Sun's interest in the Java coffee cup logo, the Java trademark or Sun's Java-based trademarks, and you agree not to adopt, use, register or attempt to register anywhere in the world any name, trademark, logo, or similar designation confusingly similar to the Java coffee cup logo, the Java trademark, or Sun's Javabased trademarks. If you happen to obtain rights in the Bug, the Java coffee cup logo, the Java trademark, or any of Sun's Java-based trademarks, you will promptly transfer those rights to Sun.
10. SUN DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE BUG, INCLUDING WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY OTHER WARRANTIES THAT MAY BE IMPLIED BY APPLICABLE LAW. SUN DOES NOT GRANT ANY INDEMNITY AGAINST INFRINGEMENT OR OTHER CLAIMS ARISING FROM YOUR USE OF THE BUG. YOUR USE OF THE BUG IS AT YOUR OWN RISK. YOU AGREE TO INDEMNIFY SUN AGAINST ANY CLAIMS OR LIABILITY THAT MAY ARISE FROM YOUR USE OF THE BUG.
11. This Application/Agreement shall be governed by California law and controlling U.S. federal law. This Application/Agreement is the parties' entire agreement relating to its subject matter, and it may not be modified unless in writing signed by an authorized representative of each party. Notwithstanding the foregoing, if any use of the Bug is governed by existing agreements you have entered into with Sun Microsystems, Inc. this agreement does not supersede or alter the terms of such other agreements.

I have read, understood and agree to all of the terms above.

SOFTWARE LICENSE

[Insert applicable Copyright Notice]

Copying, distribution and use of this software in source and binary forms, with or without modification, is permitted provided that the following conditions are met:

• Distributions of source code must reproduce the copyright notice, this list of conditions and the following disclaimer in the source code header files; and
• Distributions of binary code must reproduce the copyright notice, this list of conditions and the following disclaimer in the documentation, Read me file, license file and/or other materials provided with the software distribution.

The names of Sun Microsystems, Inc. ("Sun") and/or the copyright holder may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED "AS IS," WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE COPYRIGHT HOLDER, SUN AND SUN'S LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL THE COPYRIGHT HOLDER, SUN OR SUN'S LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED, LICENSED OR INTENDED FOR USE IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY. THE COPYRIGHT HOLDER, SUN AND SUN'S LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.