OMC Terms

Open Media Commons ("OMC") is an open community project with the goal of developing an open source royalty-free digital rights management ("DRM") solution. OMC Participants would like to receive diverse, wide, open, public, free and unrestricted input, suggestions, comments, contributions and any other feedback ("Feedback") on any materials in or with which these OMC Terms appear and on any other specifications, binary or source code software ("Software"), and plans and approaches proposed by OMC Participants ("OMC Materials"). You grant OMC Participants a worldwide, perpetual, irrevocable, paid up, royalty-free, no-cost, non-exclusive and otherwise unrestricted license to use, perform, display, disclose, copy, reproduce, publish, license, modify, adapt, create derivatives of, sublicense and otherwise distribute and exploit for any lawful purpose, without duty of accounting, any Feedback that You provide ("Feedback License"). The Feedback License excludes any superior third party legally enforceable rights of which You have no actual knowledge, to the extent a third party seeks to enforce the rights in conflict with the Feedback License. The Feedback License excludes any logos, service marks, trade names or other trademark rights. You warrant that to the best of Your knowledge, You have the rights necessary to grant the Feedback License, and will not intentionally provide Feedback for the purpose of frustrating the goal stated above. OMC Materials may only be used for providing Feedback except to the extent otherwise specified in these OMC Terms.

Specifications, Software and other OMC Materials may be accompanied by or include or require agreement to additional terms that are imposed by Host (e.g., the OSI-approved CDDL license, etc.) ("Other Terms"). Other Terms will govern the specifications, Software and other OMC Materials, and prevail to the extent of any inconsistencies with these OMC Terms. Subject to these OMC Terms, access to or use of the OpenMediaCommons.org website and any other website, controlled owned or operated by Host is governed by the website's Terms of Use ("Terms of Use"). Nothing is intended to create a partnership, franchise, joint venture, agency or a fiduciary or employment relationship. All entities will comply with U.S. export, trade, security and privacy laws and applicable laws of any jurisdiction. You may not assign any rights or obligations under these OMC Terms. These OMC Terms will be governed by and construed in the English language and in accordance with the laws of the United States of America and the State of California, without giving effect to conflict of law principles of any jurisdiction or to the United Nations Convention on Contracts for the International Sale of Goods (1980), which is specifically excluded in its entirety. Any proceeding arising out of these OMC Terms must be exclusively brought in the appropriate courts in Santa Clara County, California, and You submit to the exclusive jurisdiction of those courts. The failure of Host to exercise or enforce any right or provision will not constitute a waver of the right or provision. To the extent any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be amended to achieve as nearly as possible the effect of its original form, and the remaining provisions will remain in full force. These OMC Terms constitute the entire agreement and supersede any prior oral or written communications, proposals, regarding the subject matter of these OMC Terms, except to the extent otherwise subsequently agreed in writing by Host.

"Host" means Sun Microsystems, Inc. and any of its assigns and any of the parties who control, own or operate the OpenMediaCommons.org website and any other website owned or operated by the foregoing parties, and the affiliates of the foregoing, in connection with OMC. "OMC Participants" means Host and parties who agree to and comply with these OMC Terms. "You" means you and any entity(ies) on whose behalf you provide Feedback.

HOST MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA WHETHER THE LIABILITY, LOSS, OR DAMAGE ARISES IN CONTRACT, TORT OR OTHERWISE. THE FOREGOING WILL APPLY EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

BY REVIEWING OR PROVIDING FEEDBACK ON OMC MATERIALS, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE OMC TERMS.

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