2. DEFINITIONS. As used here:
- a. "Hosts" means Sun Microsystems, Inc.
- b. "Materials" means source code, code samples, object code, technical materials, documentation , discussion thread postings, blogs, wikis, data, and any other content, information or technology available on the Site.
- c. "Project" means a project hosted on the Site.
- d. "Site" means the collection of web pages that can be accessed via this website, as well as any successor web pages or other technology as may be designated by the Hosts.
- e. "Submissions" means any Materials submitted to the Site, including all Projects.
- g. "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses the Site.
- h. "You" means you personally, as well as any person or entity on whose behalf you are Using the Site.
3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found on the Site, as defined above.
- b. Use at Your Own Risk. You understand that the Hosts do not pre-screen Materials, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice , and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks.
- c. Don't Blame the Messenger. You understand that Materials may contain the opinions of others and You do not hold the Hosts responsible for such opinions.
- d. Copyright Infringement. If You believe that any Materials infringe Your copyrights, please follow the procedure set forth below.
- e. Management of Materials and Access. You agree that the Hosts have sole discretion in deciding whether to accept and post Materials, and that they may delete Materials for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, that outages may occur, and that the Hosts have no obligation to store or back up any Materials. You agree that the Hosts have the right to restrict or terminate, in their sole discretion, access to the Site for any reason, including their belief that a User has violated these Terms.
- f. Links to Other Sites. You understand that this Site may provide links to other sites or content that is not hosted or managed by the Hosts, and you agree that the Hosts have no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.
4. THINGS YOU SUBMIT TO THE SITE. This Site offers many opportunities for You to contribute Materials to the community on this Site. In addition to the other terms found here, the following terms apply to any Submissions made by You ("Your Submissions").
- a. You Take Responsibility for Your Submissions. You warrant that You have all rights needed to provide Your Submissions to the Hosts for posting to the Site in accordance with these Terms and to grant the licenses set forth in sections 4.b and 4.c. You agree that You will make all reasonable efforts to ensure that Your Submissions
- (i) do not infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (ii) are not confidential or trade secret information, or subject to Your privacy interests; (iii) are not inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; (iv) do not violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT THE HOSTS, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT THE HOSTS, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM.
- b. Source Code Submissions. You agree that any source code You contribute to a Project will be submitted under, and subject to, the license posted for that Project. If no license is posted, You agree that Your Submission will be governed by the New BSD License, which terms can be found at http://opensource.org/licenses/bsd-license.php. To the extent there is a conflict between those licenses (including the New BSD License) and these Terms, those licenses will take precedence over these Terms, and you agree to be bound accordingly. You acknowledge that You are responsible for including all applicable copyright notices and licenses with Your Submissions, and that You assume the risks of failing to do so, including the potential loss of Your rights to Your Submissions.
- c. Other Submissions. This Section 4.c applies to all Submissions other than source code Submissions contributed to a Project. The Hosts do not claim ownership of Your Submissions. However, in order to fulfill the purposes of this Site, You must give the Hosts and all Users the right to post, access, evaluate, discuss, publish, disseminate and refine Your Submissions. In legalese
- You hereby grant to the Hosts and all Users a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use Your Submissions (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the obligation to retain any copyright notices included in Your Submissions. All Users, the Hosts, and their sublicensees are responsible for any modifications they make to the Submissions of others.
- i. Private Projects. With respect to a Project that is designated as "Private," the
preceding license is limited to Users who have access to the Project, and such rights may only be sublicensed to other Users with authorized access to the Project.
- d. Moral Rights. You agree that with respect to any "moral" or equivalent rights (including,
without limitation, rights of attribution, integrity, disclosure, and withdrawal) You hereby: (i) assign such rights to Hosts, (ii) waive such rights and (iii) agree never to assert such rights or to institute or Wiki Policy and Process Page 5 of 7 28 Nov. 2006 maintain any action against Hosts relative to any such rights in Your Submissions. To the extent that such rights cannot be assigned or waived by operation of law, You grant to Hosts, a royalty-free, perpetual, irrevocable and worldwide license to fully exercise all such rights akin to ownership, with rights to sublicense through multiple levels of sublicensees and further, You consent to Host's use sufficient to allow Hosts to exercise the rights granted herein.
- e. Projects May Have Other Contributor Agreements. Some Projects are governed by their
own terms regarding Submissions and may require You to sign an agreement (such as a Contributor Agreement) assigning and/or licensing Your rights in Your Submissions. In all such cases, and to the extent there is a conflict, the terms of those Projects' agreements take precedence over these Terms, including without limitation Sections 4b. and 4c.
- f. Privacy. You consent to the collection, processing and storage by the Hosts of any
- 5. MISCELLANEOUS.
- a. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE,
INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE HOSTS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOSTS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.
- b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOSTS ARE NOT
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF THE HOSTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
- c. Trademarks. All logos and trademarks contained on this Site are and remain the property
of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.
- d. Changes to Terms. These Terms may be changed or updated by the Hosts without notice.
- e. Export Compliance. Materials and Submissions may be subject to U.S. export controls or
the trade laws of other countries. You agree to comply with all such laws and to obtain such licenses as may be required. Materials and Submissions containing encryption software, technology and/or technical assistance involving encryption (collectively "Encryption Technology ") may be subject to U.S. Export restrictions. You agree not to submit any Encryption Technology to this Site. You warrant that you are not identified on the most current U.S. export exclusion lists or located in or a national of countries that are prohibited from participating in this Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export laws, including but not limited to the Commerce Department's Export Administration Regulations (EAR) and the Treasury Department's Office of Foreign Asset Control regulations. You agree not to use Materials and Submissions for nuclear, missile, chemical, or biological weaponry end uses.
- f. Governing Law. These Terms are governed by the laws of the State of California and
applicable U.S. Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to 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.
- g. General. These Terms constitute the entire agreement between You and the Hosts
regarding their subject matter, and supersede any prior versions . No modification to the Terms will be binding, unless authorized by the Hosts in writing. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms.