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OpenSolaris.org Terms of Use

Please read these terms carefully. We want you to use this site, but if you use this site in any manner these terms apply to you. We hope you can appreciate the need for this document. BY ACCESSING, BROWSING OR USING THIS WEBSITE, ANY OF ITS SOFTWARE, CONTENT, SERVICES, OR INFORMATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. If you are using the Website on behalf of your employer or another entity, you represent and warrant that you are authorized to accept these Terms on your employer's or other entity's behalf, and that your employer or other entity agrees to indemnify Sun for violations of these Terms of Use.

1) This OpenSolaris.org website ("Website") is a service made available by Sun Microsystems, Inc. ("Host"). All on-line services available via this Website ("Services"), and all software, documentation, data, information and other materials provided on or through this Website ("Content") may be used only under the following terms and conditions ("Terms of Use") and any applicable licenses.

2) Host and the users of this Website ("Users") do not want to receive confidential information from you through this Website. ANY INFORMATION OR MATERIAL YOU SUBMIT TO THIS WEBSITE WILL BE DEEMED NOT TO BE CONFIDENTIAL. You are responsible for the Content that you submit, and you, not Host, have full responsibility for that Content, including its legality, reliability, appropriateness, originality, and related patent and copyright matters.

3) You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, any software virus, worm or other material of a disruptive or destructive nature, or any other material that could give rise to any civil or criminal liability under the law. You are further prohibited from using this Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Host or someone else, or spoof Host's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Service or Content transmitted via this Website; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects Users' ability to use this Website; (f) engage in activities that would violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (g) collect or store personal data about other Users unless specifically authorized by such Users.

4) The Website may contain links to third-party websites or resources. We hope these resources will prove useful, but Host and the Users make no representations whatsoever about any other website or external resources that you may access through this Website or through a link from this Website. When you access another website or external resource, even one that may contain this Website's name or mark, you acknowledge and agree that it is independent and that Host is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not mean that the Users or Host endorse or accept any responsibility for the content on, or the use of, such websites or external resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

5) Host may run advertisements and promotions from third parties on this Website. Any action you may take based upon such advertisements or promotions of a third party, and any dealings you may have with such third party, are solely between you and that third party. Host is not responsible or liable for any loss or damage of any sort incurred as to result of any such actions or dealings or as a result of the presence of any non-Sun advertiser on this Website.

6) TO THE FULL EXTENT PERMITTED BY LAW, HOST IS NOT LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO OR ARISING OUT OF ANY USE OF, ACCESS TO, OR INABILITY TO ACCESS THIS WEBSITE, CONTENT, SERVICES, OR OF ANY OTHER LINKED WEBSITE OR EXTERNAL RESOURCE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA EVEN IF SUN IS EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES, WORMS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7) ALL SERVICES AND CONTENT ARE PROVIDED BY HOST ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS ONLY. YOU ASSUME ALL RISK OF LOSS OR OTHER HARM FOR THE USE THEREOF. HOST PROVIDES NO REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. HOST MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) CONTENT, SERVICES, OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; © THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THIS WEBSITE, CONTENT OR SERVICES WILL BE CORRECTED.

8) Host reserves the right to investigate complaints or reported violations of these Terms of Use, and/or applicable licenses and copyright information on the Website and to take any action Host deems appropriate including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

9) Host reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block access from a particular Internet address to this Website.

10) This Website may contain other proprietary notices, licenses and copyright information, the terms of which must be observed and followed by you. In the event of any conflict between the license(s) applicable to Content or Services and the Terms of Use, the applicable license(s) prevail. Except as otherwise expressly stated, by providing the Content or Services, Host does not grant any licenses to any copyrights, patents or any other intellectual property rights. For example, large portions of the OpenSolaris source code are under Sun's Common Development and Distribution License (refer to the download page for specific details).

11) The Content provided on this Website is provided under the terms and conditions of the applicable license(s) on the Website. Any Content provided by you is made available to Users and Host under the terms of the license(s) applicable to contributing such Content to the Website. For all Content, including, without limitation, patent, copyright, and other intellectual property rights in such Content, owned or licensable by you at any time without payment, ideas, concepts, know-how and techniques, uploaded, submitted or otherwise made available by you on the Website or to the Users and/or Host (collectively "Material"), you grant (or warrant that the owner of such rights has expressly granted) Host a worldwide, unrestricted, royalty-free, fully paid up, irrevocable, perpetual, non-exclusive license to use, make, reproduce, import, compile, prepare derivative works of, publicly display, publicly perform, transmit, sell, distribute, sublicense, demonstrate, market, disclose, have made, offer for sale, lease, transfer or otherwise exploit such Materials, and/or derivative works thereof, and authorize third parties to do any, some or all of the foregoing including, but not limited to, sublicensing others to do any, some or all of the foregoing indefinitely. You represent that you are legally entitled to grant the rights and privileges conveyed by this section and warrant that your Material, to the best of your knowledge, does not violate any other party's patents, copyrights, trademarks or other intellectual property rights.

12) You acknowledge that Host: (i) does not pre-screen Content; (ii) has discretion to determine whether to post or not post Content; and (iii) can delete, cease providing, or modify the Content at any time for any reason. The Content on this Website may contain technical inaccuracies or typographical errors. Host may also improve or change the Content at any time without notice. Host reserves the right, at any time, with or without cause and without notice, to modify, suspend or terminate in whole or in part: (i) the Services, (ii) your use or access to the Services, or (iii) both. Host is not liable to you or any third party for any modification or deletion of Content, for any posting refusal to post Content, or any modification, suspension or termination of Services. Please understand that this is an active Website and we expect that the Content is likely to change.

13) If you choose to register on this Website, you are responsible for providing accurate and complete information about yourself during registration and to updating such information to keep it current. You accept all risks of unauthorized access to the information that you provide. Host may, in its sole discretion, terminate the accounts or access rights of Users who may have provided inaccurate or incomplete information during registration. We hope that, given these restrictions, you still take the time to provide a full profile which lets other people in the community get to know you.

14) Host is committed to respecting the intellectual property rights of others, and we ask our Users to do the same. Host may, in its sole discretion, terminate the accounts or access rights of Users who may be infringing or may otherwise be violating the intellectual property rights of others. If you believe that your work has been copied on this Website in a way that constitutes infringement, please contact the copyright agent as described in the copyright policy set forth in detail elsewhere on the Website. The Website, Services, and Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use and any applicable license, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Services, or Content. You may not copy or modify the HTML code used to generate web pages on the Website.

15) California law and controlling U.S. Federal law govern any action relating to these Terms of Use without regard to any jurisdiction's choice law rules. You agree to submit all such disputes to the personal and exclusive jurisdiction of the state and federal courts located within the county of Santa Clara, California USA.

16) Host may amend these Terms of Use at any time by posting the amended terms on this Website. By continuing to access or use the Website, Services or Content after Host makes any such revision, you agree to be bound by the revised Terms of Use.

17) "Host Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Host uses in connection with its products and services. You agree to comply with the Trademark and Logo Usage Requirements located at http://www.sun.com/policies/trademarks. You may not remove or alter any Host Trademarks, or co-brand your own products or material with Host Trademarks, without Host's prior written consent. You acknowledge Host's rights in Host Trademarks and agree that any use of Host Trademarks by you shall inure to Host's sole benefit. You agree not to incorporate any Host Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

18) You consent to the collection, processing and storage by Host of your personal information in accordance with the terms of Host's Privacy Policy, which is available at http://www.sun.com/privacy. You agree to comply with all applicable laws and regulations, and the terms of that privacy policy, with respect to any access, use and/or submission by you of any personal information in connection with this Website.

Notwithstanding anything to the contrary, if you choose to participate in an open source or community source process on this Website, whether by contributing code, participating in mailing lists or sending e-mails, your participation is public and your privacy cannot be protected to the extent that you provide personal information such as your e-mail address. To the extent that you contribute code, information, articles or other material to this Website containing personal information, Host cannot protect the privacy of such personal information and such material may be provided to others under the Terms of Use and applicable licenses.

19) The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Host's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Sun's ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Host's business and these forward-looking statements, please refer to Host's periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission.

20) Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

22) In addition to the Terms of Use and unless otherwise noted, the standard Host terms and conditions of sale in your jurisdiction govern purchases you make through the Website, unless you have in effect a separate valid written purchase or license agreement with Host for the products or services purchased, in which case that separate agreement governs, and in cases of conflict, prevails.