Terms of Use

BY ACCESSING, BROWSING OR USING THIS WEBSITE, ANY OF ITS SOFTWARE, CONTENT 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.

1. This Website is a service made available by CollabNet, Inc. and Sun Microsystems, Inc. (collectively
"Hosts") and by the users of this Website ("Users"). All software, documentation, information and other
materials provided on and through this Website ("Content") may be used only under the following terms
and conditions ("Terms of Use") and any applicable licenses.

2. 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 on this Website and the Terms of Use, the applicable license(s) prevail.

3. The Users and Hosts assume no responsibility regarding the accuracy of the Content. Any Content
downloaded or obtained from this Website is done at your own risk. It is up to you to take precautions to
ensure that whatever you select for your use does not contain items such as viruses, worms or other items of
a destructive nature. The Users and Hosts provide no assurances that any problems with, or bugs in, the
Content will be resolved. Except as otherwise expressly stated, by providing the Content, the Hosts do not
grant any licenses to any copyrights, patents or any other intellectual property rights.

4. The Users and Hosts do not want to receive confidential information from you through this Website.
ANY INFORMATION OR MATERIAL SENT TO THIS WEBSITE WILL BE DEEMED NOT TO BE
CONFIDENTIAL. You acknowledge that you are responsible for the Content that you submit, and you, not
the Hosts, have full responsibility for that Content, including its legality, reliability, appropriateness,
originality, patent and copyright.

5. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other
material that could give rise to any civil or criminal liability under the law.

6. The Users and Hosts make no representations whatsoever about any other website that you may access
through this Website or through a link from this Website. When you access another website, even one that
may contain this Website’s name or mark, please understand that it is independent, and that the Users and
Hosts have no control over the content on other websites and that such link does not mean that the Users or
Hosts endorse or accept any responsibility for the content on, or the use of, such website.

7. IN NO EVENT WILL THE USERS AND/OR HOSTS BE LIABLE TO YOU OR ANY OTHER
INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEBSITE, ITS CONTENT OR ON
ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA EVEN IF THE USERS OR HOSTS ARE EXPRESSLY
ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. ALL CONTENT IS PROVIDED BY THE USERS AND HOSTS ON AN "AS IS" BASIS ONLY. YOU
ASSUME ALL RISK OF LOSS FOR THE USE THEREOF. THE USERS AND HOSTS PROVIDE NO
REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

9. The Users and Hosts reserve the right to investigate complaints or reported violations of these Terms of
Use, and/or applicable licenses and copyright information on the Websites and to take any action they deem
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.

10. The Users and Hosts reserve 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.

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 Hosts under the
terms of the license(s) applicable to contributing such Content to the Website. For all Content, including,
without limitation, patent and intellectual property rights in such Content, ideas, concepts, know-how and
techniques, uploaded, submitted or otherwise made available by you on the Website or to the Users and/or
the Hosts (collectively "Material"), you grant (or warrant that the owner of such rights has expressly
granted) the Hosts 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.

12. You acknowledge that the Hosts: (i) do not pre-screen Content; (ii) have discretion to determine
whether to post or not post Content; and (iii) can delete Content at any time for any reason. The Content on
this Website may contain technical inaccuracies or typographical errors. The Content may be changed or
updated without notice. The Hosts and Users may also make improvements and/or changes to the Content
at any time without notice.

13. You agree to be responsible for providing accurate and complete information about yourself during
registration and to updating such information to keep it current. The Hosts may, in their sole discretion,
terminate the accounts or access rights of Users who may have provided inaccurate or incomplete
information during registration.

14. The Hosts are committed to respecting others’ intellectual property rights, and we ask our Users to do
the same. The Hosts may, in their sole discretion, terminate the accounts or access rights of Users who may
be infringing or otherwise be violating others’ intellectual property rights. If you believe that your work
has been copied in a way that constitutes infringement on this Website, please contact the copyright agent
as described in the copyright policy on this 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.

Privacy Policy

1. General.

1.1 We, at CollabNet, Inc. and Sun Microsystems, Inc. (collectively, the "Hosts"), are
committed to respecting your privacy and recognize your need for appropriate protection and management
of any personally identifiable information ("Personal Information") you share with us. The Hosts
established this Privacy Policy so that you can understand the care with which we intend to treat your
Personal Information.

1.2 Personal Information means any information that may be used to identify an individual,
including, but not limited to, a first and last name, a home or other physical address, an e-mail address or
other contact information, whether at work or at home. In general, you can visit many of the Hosts’ web
pages without telling us who you are or revealing any Personal Information about yourself.

1.3 If you choose to provide us with your Personal Information on the web, we may transfer
that Personal Information, within the Hosts or to the Hosts’ third party service providers, across borders and
from your country or jurisdiction to other countries or jurisdictions around the world.

1.4 The Hosts strive to comply with all applicable laws around the globe that are designed to
protect your privacy. Although legal requirements may vary from country to country, the Hosts will
adhere to the principles set forth in this Privacy Policy even if, in connection with the above, we transfer
your Personal Information from your country to countries that may not require an "adequate" level of
protection for your Personal Information. In other words, our goal is to provide protection for your
Personal Information no matter where that Personal Information is collected, transferred or retained.

2. Cookies and Other Tracking Technologies.

2.1 Some of our web pages utilize "cookies" and other tracking technologies. A "cookie" is a
small text file that may be used, for example, to collect information about your activities on the Website.
The cookie transmits this information back to the Website’s computer which, generally speaking, is the
only computer that can read it. Some cookies may serve to recall Personal Information previously
registered by a web user. Most browsers allow you to control cookies, including whether or not to accept
them and how to remove them. You can set your browser to notify you when you are sent a cookie, giving
you the chance to decide whether or not to accept it.

2.2 You may choose to block or remove cookies with your browser, but please note that if
you choose to erase your cookies, you will need to re-enter your original user ID and password to gain
access to certain parts of the Website.

2.3 Other tracking technologies record anonymous information, such as (i) the name of the
domain and host from which you access the Internet; (ii) the Internet protocol (IP) address of the computer
you are using; (iii) the browser software you use and your operating system; (iv) the date and time you
access our Website; and (v) the Internet address of the website from which you linked directly to our
Website.

2.4 Our use of cookies and other tracking technologies allows us to remember your interests
(as expressed by the pages you visit on our Website) to customize your web experience on our Website and
thereby provide you with information and offers that are likely to be of interest to you. We analyze
information that does not contain Personal Information for trends and statistics.

3. Notice. Where the Hosts collects Personal Information on the web, you will see a purpose
statement that explains why Personal Information will be collected, whether we plan to share such Personal
Information and with whom. We will not share your Personal Information with third parties who are not
contractually bound to act on the Hosts’ behalf without your consent unless such release is legally required.

4. Choice. You may choose whether or not to provide Personal Information to the Hosts. The
notice we provide where the Hosts collects Personal Information on the web should help you to make this
choice. If you choose not to provide the Personal Information we request, you can still visit most of the
Hosts’ Websites, but you may be unable to access certain options, offers and services that require our
interaction with you.

5. Security. Wherever your Personal Information may be held within the Hosts or on its behalf, we
will take appropriate and reasonable steps to protect the Personal Information that you share with us from
unauthorized access or disclosure.

6. Restricted Privacy On Open Source and Community Source Websites. 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, the Hosts cannot protect the privacy of such Personal Information and such material may be
provided to others under the Website’s Terms of Use and applicable licenses.

7. Access and Accuracy. To the extent that you do provide us with Personal Information, the Hosts
wish to maintain accurate Personal Information. Where we collect Personal Information from you on the
web, we will provide a means of contacting the Hosts should you need to update or correct that
Information. If for any reason those means are unavailable or inaccessible, you can send updates and
corrections about your Personal Information to info@collabnet.com and we will incorporate the changes in
your Personal Information that we hold as soon as practicable.

8. Third Party Services. Third parties provide certain services available on this Website on the
Hosts’ behalf. The Hosts may provide information, including Personal Information, that the Hosts collects
on the web to third party service providers to help us deliver our goods and services.

9. Commitment. We are committed to privacy and through our membership in the Online Privacy
Alliance, are actively involved in and support current industry initiatives to preserve individual privacy
rights on the Internet. We will only hold your Personal Information for as long as is necessary for the
purposes for which it is collected. Protecting your privacy on-line is an evolving area, and the Hosts’
Websites are evolving to meet these demands. IF YOU HAVE ANY COMMENTS OR QUESTIONS
REGARDING OUR PRIVACY POLICY, PLEASE CONTACT US AT INFO@COLLABNET.COM. WE
WILL ADDRESS ANY ISSUE TO THE BEST OF OUR ABILITIES.

10. Your Consent. By using this Website, you consent to the terms of our Privacy Policy and to the
Hosts’ processing of Personal Information for the purposes given above and those explained where the
Hosts collects your Personal Information on the web. Should the Privacy Policy change we will take every
reasonable step to ensure that these changes are brought to your attention by posting all changes
prominently on our Website for a reasonable period of time.

Copyright Policy

CollabNet, Inc. ("CollabNet") is committed to respecting others' intellectual property rights, and we ask
that users of this website do the same. CollabNet may, in its sole discretion, terminate the accounts or
access rights of users who violate others' intellectual property rights.

If you believe that your work has been copied in a way that constitutes copyright infringement on this
Website, please deliver the following information to CollabNet's Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on this Website;

4. Your address, telephone number and e-mail address so that we can contact you;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; and

6. A statement by you, made under penalty of perjury, that the information in your notice to us is accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CollabNet's copyright agent for notice of claims of copyright infringement on this Website can be reached
by sending an e-mail to copyright@collab.net or by mail sent to: