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Student Participant Agreement :
Google Summer of Code Student Participant Agreement IMPORTANT: PLEASE READ THIS PARTICIPANT AGREEMENT CAREFULLY AND COMPLETELY BEFORE SUBMITTING YOUR APPLICATION FOR GOOGLE SUMMER OF CODE 2008. YOUR APPLICATION SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBMIT AN APPLICATION TO THE GOOGLE SUMMER OF CODE PROGRAM AND GOOGLE WILL NOT ACCEPT YOUR APPLICATION. Capitalized terms used in this Participation Agreement (the "Agreement") without definition shall have the same meaning given to such terms in the Google Summer of Code 2008 Terms of Service ("TOS") and the FAQs, which are hereby incorporated into this Agreement by this reference, unless otherwise noted. In this Agreement, the terms "we," "our," or "us," are used to collectively refer to Google. The term "you" or "your" means YOU - a person who is seeking to participate in the Google Summer of Code Program, who has completed the registration process, and is thus agreeing to be bound by this Agreement. In this Agreement, the term "Student" means any student participant in Google Summer of Code 2008. 1. GOOGLE SUMMER OF CODE PARTICIPATION 1.1 Student Participation Application. By submitting an application ("Application"), you hereby agree and notify us that you wish to participate in the Google Summer of Code as a Student, and are voluntarily submitting your Application as an entry in the Google Summer of Code in accordance with the TOS. You consent to the storage, display, downloading, copying, reviewing, and coverage of your Application by Google and the applicable Mentor Organization, according to the process set out in the TOS. In addition, you must perform all necessary additional steps that may be required for your further participation in the Google Summer of Code should you be selected to participate. 1.2 Project Submission Warranties. You hereby represent, warrant, and agree that the open source software program you develop ("Project Submission") during the Google Summer of Code Program complies with all of the following requirements: (a) that any Project Submission is your own and original, previously unpublished, and previously unproduced work; (b) that any Project Submission it is not submitted in violation of any agreement and is not in confidence; (c) that you own all copyright and other intellectual property rights in and to the Project Submission; (d) that the Project Submission does not infringe on any rights, including any applicable moral rights, of any third parties; (e) that the Project Submission does not and will not violate any applicable laws and is not malicious, defamatory, libelous, pornographic, or obscene; and (f) that the Project Submission complies with all applicable Application Requirements as set forth in the TOS. 1.3 Student Warranties. You hereby represent, warrant, and agree that: (a) you are enrolled in or accepted into an accredited institution including but not necessarily limited to a college, university, masters program, PhD program and/or undergraduate program; (b) you are eligible to work in the country in which you will reside throughout the duration of the program; (c) you are not a resident of Cuba, Iran, Syria, Sudan, North Korea, or Myanmar (Burma); (d) you are or will be 18 years of age or older by April 14, 2008. 1.4 Project Submission Ownership. At all times during the Google Summer of Code Program, as between you and Google, you will retain ownership of whatever interest in the Project Submission's copyright and other intellectual property rights you possessed prior to becoming a Student. 1.5 License to Google. You hereby grant to Google a fully paid-up, worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to reproduce, publish, distribute, publicly perform, and publicly display such Project Submissions. (a) Without limiting the foregoing, you hereby grant Google a right and license in perpetuity, to do any of the following with respect to your Project Submission, in any and all media now known or hereafter devised, all without any payment to you or to any other person or entity: - store your Project Submission; - reproduce, distribute, publish, publicly perform, and/or display, digitally perform and/or distribute, transmit, and broadcast your Project Submission; - rank, review, evaluate, and judge your Project Submission; and - use the Project Submission, or parts of any of the foregoing, in perpetuity, for the purpose of publicizing, advertising, or otherwise promoting the Google Summer of Code. 1.6 Right of Publicity. You also grant Google the right to use your name, city, and country for purposes of publicizing, advertising, or otherwise promoting the Google Summer of Code without any payment to you or to any other person or entity. 1.7 Waiver and Release. You hereby agree that your Project Submission is not subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Project Submission. You hereby waive any and all rights that you may have under any laws or statutes worldwide that concern "moral rights" or "droit moral" in connection with your Project Submission. You hereby release, waive any claims with regard to, and hold Google harmless from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works based on, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Project Submission. By sending us your Project Submission, and in order to participate in the Google Summer of Code, you hereby agree that you will not assert against Google any claim based on plagiarism, infringement, confidential or fiduciary relationship, implied contract, unfair competition, unjust enrichment, or otherwise arising out of any alleged use of the Project Submission. If, notwithstanding the foregoing release, you attempt to claim that we have used your Project Submission, or any portion thereof, without consent or authorization, you specifically agree and understand that any such dispute shall be subject to dispute resolution as set forth in Section 6.1 of this Agreement. 1.8 Further Documentation. (a) As part of the Google Summer of Code Application process, you will be required to execute certain additional documents relating to taxation. If you are a student residing in the United States, you must submit a W9 form to Google; Google will issue to you a 1099 form recording the total payment made to you. If you are a student residing outside the United States, you must submit a Foreign Certification form to Google, and no tax form will be issued subsequently. Please note that your application will not be considered complete until Google has received your W9 or Foreign Certification form as applicable. You will be given the appropriate form and instructions for sending the completed document to Google as part of the application process. (b) Students should be prepared, upon request, to provide Google with official transcripts or a letter of acceptance from their accredited institution as proof of enrollment status. 1.9 Release of Claims. Independent of any consideration accruing to you hereunder, you hereby release Google from, and agree not to sue Google for, any claim or cause of action, whether known or unknown, for libel, slander, defamation, unfair competition, infringement of copyright, invasion of rights of privacy, publicity or personality, or any other claim or cause of action based on or related to the Project Submission. 1.10 No Obligation to Use. Google is not obligated to make any use of the Project Submission, or to exercise any of the rights granted to Google by this Agreement. 2. STUDENT OBLIGATIONS 2.1 By submitting an Application to participate in the Google Summer of Code 2008 program, you hereby agree to provide the following: (a) A substantive proposal of work to be done to create/maintain/augment an existing or new open source or free software project; (b) A written evaluation of your Mentor, including but not limited to how the Mentor worked with you, the quantity and quality of guidance provided, if the Mentor should be invited back should we do another Google Summer of Code, etc. The results of this evaluation will be made available to the relevant Mentor Organization, but not to the general public nor the Mentor except in the case where the Mentor Organization is solely constituted of the Mentor her/himself or in extreme cases where the Student's feedback may be vital to arbitration with the Mentor or Mentor Organization regarding payment or non-payment of funds; (c) Permission to allow Google to use the results of your Project Submission, including the Mentor's evaluation of the participant, for recruiting purposes; (d) Authorization for Google to publicize the student's participation in the Program and the results of the Program for the purposes of executing on program logistics, including but not limited to announcements of accepted student proposals, the text of the accepted student proposal and the resulting code from work on the project. Additional details solicited by Google as part of the application process, including URLs for personal blogs, will be shared with the public with the accepted applicant's permission; (e) A copy of the finished project code to be publicly hosted by Google; (f) All necessary tax forms or other tax related documentation required to provide payment to the organization, as described in Section 1.8; and (g) Provision of the Project Submission under an Open Source Initiative approved license. Additionally, all code must be published in a publicly accessible location. The Student may mirror development on her/his personal infrastructure at her/his option. 3. INDEMNITY Each participant in the Google Summer of Code (Student or Mentor Organization) shall indemnify, defend and hold harmless Google, its parent corporation, subsidiaries and affiliates and their respective officers, employees and agents, and each of Google's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that participant's acts or omissions, including claims arising out of that user's use of the Google Summer of Code site or participation in the Google Summer of Code Program; his or her Project Submission, posting or transmission of any application or code; or his or her violation of these Terms of Service. 4. DISCLAIMER OF WARRANTIES EACH USER'S USE OF THE Google Summer of Code SITE AND PARTICIPATION IN THE Google Summer of Code PROGRAM IS AT HIS OR HER SOLE RISK. THE Google Summer of Code SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GOOGLE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, GOOGLE MAKES NO WARRANTY THAT (i) THE Google Summer of Code SITE AND PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) ANY PARTICIPANT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY PARTICIPANT WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF GOOGLE'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, GOOGLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY PARTICIPANT'S USE OR INABILITY TO USE THE Google Summer of Code SITE OR PARTICIPATION IN THE Google Summer of Code PROGRAM; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Google Summer of Code SITE; OR ANY OTHER MATTER RELATING TO THE Google Summer of Code. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN GOOGLE AND ANY PARTICIPANT OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, GOOGLE DOES NOT AND CANNOT CONTROL THE ACTIONS OF OTHER PARTICIPANTS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE Google Summer of Code SITE. OPERATION OF THE Google Summer of Code SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE Google Summer of Code WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY GOOGLE. 5. LIMITATION OF LIABILITY (a) IN NO EVENT SHALL GOOGLE, ITS PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE Google Summer of Code (HOWEVER ARISING, INCLUDING NEGLIGENCE). (b) GOOGLE'S LIABILITY, AND THE LIABILITY OF GOOGLE'S PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000 USD. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 6. MISCELLANEOUS 6.1 Choice of Law. Any action related to this Agreement will be governed the laws of the State of California (except that body of law controlling conflict of laws) and the United Nations Convention on the International Sale of Goods will not apply. The parties hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction of the United States District Court for the Northern District of California, and the state courts of the State of California for the County of Santa Clara. 6.2 Certification. You hereby certify that all of the answers and information that you have provided in the Application process are true, accurate, and complete, and that you have read and will comply with the Terms of Service, this Agreement, and any applicable Terms of Use in conjunction with your application to and participation in the Google Summer of Code. You intend that your acceptance of this Agreement and participation in the Google Summer of Code shall each constitute your legally binding signature and acceptance of this Agreement. 6.3 Assignment; Binding Effect. You may not assign or delegate this Agreement, or any rights, duties, or obligations hereunder, with the prior written approval of Google. Google may assign or delegate this Agreement; or any rights, duties or obligations hereunder upon notification, which may be posted on the Site or sent to the information you provided upon registration. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, and personal representatives of the parties hereto, except to the extent of any contrary provision of this Agreement or the Terms of Service. 6.4 Severability. If any provision of this Agreement, or the application thereof, shall for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the application of such provision to other persons or circumstances shall be interpreted so as best to reasonably effect our intent hereunder. 6.5 Amendments. Google reserves the right at any time to amend this Agreement. Any changes made will be effective immediately upon notice, which we may give either by posting the revised Agreement on the Site or via electronic mail. Your continued participation in the Google Summer of Code after such notice will be deemed acceptance of such changes. 6.6 Entire Agreement. This Agreement, together with the Terms of Service and FAQs (which are hereby incorporated into this Agreement by this reference), represents the entire understanding between you and Google relating to the subject matter hereof, and supersedes any prior agreements (except for the Terms of Service and the FAQs) between you and Google on this subject matter. If any term or provision of this Agreement conflicts with the Terms of Service, the Terms of Service shall govern. You hereby agree that you have read, understand, and agree to all of the terms and conditions in this Agreement and that you are hereby bound by the terms of this Agreement, the Terms of Service, and the FAQs throughout your participation in the Google Summer of Code and forever afterward. You hereby agree to sign a written copy of this Agreement upon our request.
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