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Mentor Organization Participant Agreement :
Google Summer of Code Mentor Organization 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 - an organization or individual running an active and viable open source or free software project whose application ("Application") is approved by Google's Open Source Program Office. By submitting your Application to Google, you thus agree to be bound by this Agreement. In this Agreement, the term "Mentor Organization" means any mentoring organization or member thereof participating in the Google Summer of Code Program. 1. GOOGLE SUMMER OF CODE PARTICIPATION 1.1 Mentor Organization Application. By submitting an Application, you hereby agree and notify us that you wish to participate in the Google Summer of Code as a Mentor Organization, and are voluntarily submitting your Application to participate 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, according to the process set out in the TOS. In addition, you will 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 Mentor Organization Warranties. You hereby represent, warrant, and agree that: (a) you are an individual or organization running an active and viable open source or free software project; and (b) you are not a resident of or based in Cuba, Iran, Syria, Sudan, North Korea, or Myanmar (Burma); and (c) you are or will be 18 years of age or older by April 14, 2008. 1.3 Right of Publicity. You also grant Google the right to use your name and name of your Organization, 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. 1.4 Waiver and Release. By sending us your Application, and in order to participate in the Google Summer of Code and use the Google Summer of Code website (the "Site"), 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 your participation in the Google Summer of Code Program. If, notwithstanding the foregoing release, you attempt to raise any claims against Google, 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. 1.5 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 an individual or organization 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 an indivdual or organization 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. 1.6 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 your participation in the Google Summer of Code Program. 1.7 No Obligation to Use. Google is not obligated to make any use of any code, or to exercise any of the rights granted to Google by this Agreement. 2. MENTOR ORGANIZATION OBLIGATIONS 2.1 The Mentor Organization agrees: (a) To provide a publicly published list of project ideas that participating students will choose a project from to work on for the duration of the Program (b) To make available a person or persons to take in student suggestions for projects should those students not find something that appeals to them on the published list and either approve or reject those suggestions (c) To make available a person or persons to review the incoming student applications targeted to the Organization and to decide which applications should be accepted (d) To make available a person or persons responsible for helping students integrate with the project's community (e) To make available a person or persons to monitor the progress of the students and mentor them as the project proceeds (hereafter "Mentor(s)") (f) To make available alternate mentor or mentors ready to take over for the aforementioned Mentor(s) in the event s/he is unable to continue providing guidance to the accepted student applicant (g) To provide a written evaluation of each student developer, including but not limited to how s/he worked with the group, if s/he should be invited back should we do another Google Summer of Code, etc. The Mentor Organization agrees that Google may use the results of this evaluation for recruiting purposes. The results of this evaluation will not be made available to the general public or the student participant, except in those cases where the Mentor Organization provides consent for Google to share the evaluation results with the student. However, Google reserves the right to share the Mentor Organization's evaluation with the student participant or others, with or without consent, in extreme cases such as where the Mentor Organization's feedback may be vital to arbitration with the student regarding payment or non-payment of stipend (f) An administrator to represent the Mentor Organization and perform administrative tasks such as submitting their Mentor Organization's Application, creating the Mentor Organization's account on the Site, and signing up Mentors and publishing the list of project ideas. 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 PARTICIPANT'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. 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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