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JAVA COMMUNITY PROCESS WEB SITE TERMS OF USE

1. INTRODUCTION. This Site and its contents are made available on behalf of Oracle Corporation, Inc. including its successors-in-interest, if any ("Host"). These Terms of Use ("Terms") apply to everyone who Uses this Site (as defined below) except, if you are party to a current, in-force Java Specification Participation Agreement with Oracle (JSPA), then these Terms do not apply to activities that are within the subject matter of such JSPA. In addition, these Terms do not apply to Java Specifications, Reference Implementations ("RIs") or Technology Compatibility Kits ("TCKs"), whether or not as final releases, that are made available under license through web pages that are linked to these Terms. THIS DOCUMENT IS A LEGAL CONTRACT, PLEASE READ IT CAREFULLY FIRST. BY USING THE SITE OR MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SITE OR MATERIALS.

2. ADDITIONAL DEFINITIONS. In addition to capitalized terms defined as they appear in the body of these Terms, as used here:
a. "Materials" means source code, code samples, object code, technical materials, documentation, discussion thread postings, blogs, wikis, data, and any other content, information, technology or services available on the Site.
b. "Site" means the collection of JCP web pages from which these Terms of Use are linked, or that prompt or require Users to view or accept these Terms before accessing such pages, as well as any successor web pages or other technology as may be designated by the Hosts.
c. "Submissions" means any Materials submitted to the Site; provided, however, that Submissions do not include any "Contributions" made pursuant to a JSPA as the term "Contribution" is used therein.
d. "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.
e. "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.
a. Materials May Have Other Licenses/Terms. Some of the Materials, for example Java Specifications, RIs and TCKs, may be accompanied by their own licenses or terms of use. With respect to Your rights in and obligations regarding such Materials (but not including Your Submissions which are governed by Section 4.b below), and to the extent there is a conflict, those licenses or terms of use take precedence over these Terms, and you agree to be bound accordingly.
b. Use at Your Own Risk. You understand that the Host may or may 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, defamatory or offensive content, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks. If Host becomes aware of Submissions that violate these Terms or that Host believes to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, they may act in good faith to restrict access to or availability of the material. If You notice that any other User's Submissions appear to violate these Terms, or if any other User makes You feel harassed or unsafe, You agree to contact us immediately.
c. Don't Blame the Messenger. You understand that Materials may contain the opinions of others and You do not hold the Host responsible for such opinions.
d. Management of Materials and Access. You agree that the Host has sole discretion in deciding whether to accept and post Materials, and that it 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 Host has the right to restrict or terminate, in its sole discretion, access to the Site for any reason, including its belief that a User has violated these Terms.
e. 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 represent and warrant that You have all rights needed to provide Your Submissions to the Host for posting to the Site in accordance with these Terms and to grant the license set forth in section 4.b. You agree that Your Submissions cannot and do not: (i) harm Host or the Site, interfere with the Site's normal operation, breach its security or authentication measures, or constitute deceptive practices such as spamming, phishing or an attack on a network; (ii) include or constitute anything inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; or (iii) violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT THE HOST, 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. License Grant fron Non-JCP Members. If you are not subject to a current, in-force JSPA, whether as an individual or through your employer, then you hereby grant to all other Users a worldwide, unrestricted, royalty-free, fully paid-up, irrevocable, perpetual, non-exclusive license to use, make, have made, sell, offer to sell, import, reproduce, prepare derivative works of, publicly display, publicly perform, transmit, distribute, sublicense or otherwise transfer any Submissions You make via the Site, in whole or in part, alone or in combination with or included in any product, work or materials , 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 and warrant that, to the best of your personal knowledge, you are legally entitled to grant this license and that your Submission does not violate any other party's copyrights, trademarks, patents or other intellectual property rights, or privacy rights.
c. Submissions Not Confidential. Neither Host nor other Users of the Site want to receive confidential information from You, and any Submissions You make to this Site will be deemed NOT to be confidential.
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 Host, (ii) waive such rights and (iii) agree never to assert such rights or to institute or maintain any action against Host or Users 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 Host 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 You further consent to Host's use sufficient to allow Host to exercise the rights granted herein.
e. Privacy. You consent to the collection, processing and storage by the Hosts of any personal information provided by You in accordance with the terms of Host's Privacy Policy, which is available at http://www.oracle.com/us/legal/privacy/index.html and incorporated into these Terms by reference. You agree to comply with all applicable laws and regulations, and the terms of Host's Privacy Policy, with respect to any Use by You of any personal information in connection with this Site. Notwithstanding anything to the contrary, if You choose to participate in an open source or community source process on this Site - whether by contributing code, participating in mailing lists, signing a contributor agreement or sending an e-mail - Your participation is public and Your privacy cannot be protected to the extent that You provide personal information such as Your e-mail address, username or full name. To the extent that You contribute code, information, articles or other material to this Site containing personal information, the Host cannot protect the privacy of such personal information and such material may be provided to others under the Terms, contributor agreement and/or applicable licenses.

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 AND 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 OR GROSS 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. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST HOSTS FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS. YOU AGREE TO HOLD HOSTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOSTS, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.
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. Host reserves the right to change or update these Terms or to modify any features of the Site at any time, so Host encourages You to review the Terms periodically before using the Site or Materials. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link at the bottom of any page on the Site. By continuing to Use the Site or Materials after the posting of any changes to the Terms, You agree to be bound by such changes. You are also required to comply with all applicable laws in connection with Your access to and Use of the Site and Materials, and such further limitations as may be set forth in any subsequent notice from Host. As a condition of Your access and Use of the Site and Materials, you warrant that You will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms.
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 the Site, Materials or 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 Host regarding their subject matter, and supersede any prior versions. For the avoidance of doubt, the subject matter of these Terms does NOT include activities or transactions that are covered by a JSPA between You and Host or Java Specifications, RIs or TCKs, whether or not as final releases, that are made available under license through web pages that are linked to these Terms. No modification to the terms will be binding, unless authorized by the Host in writing or as provided in Section 5.d above. 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 an enforceable 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. Rights and obligations under these Terms other than provisions that authorize You to Use or access the Site or Materials will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Host as a result of these Terms or Your access to or Use of the Site and Materials.