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 2009. 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 2009 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 2009.
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previously unpublished, and previously unproduced work; (b) that any Project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 or national of Cuba, Iran, Syria, Sudan, North Korea, or Myanmar (Burma); (d) you are not a person or entity restricted by US export controls or sanctions programs; and (e) you
are or will be 18 years of age or older by April 20, 2009.
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 2009 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.