[Members] GSoC terms

Dave Cridland dave at cridland.net
Wed Feb 29 21:02:42 UTC 2012


On Wed Feb 29 19:46:23 2012, Kevin Smith wrote:
> These mention acting on behalf of the org, which means I think I
> should have your OK.
> 
> 
I think we need some level of agreement from the board and members.

These look OK to me.

If anyone has any objections, I think Kev's looking to complete this  
tonight (it's 9pm / 2100 for him now) or tomorrow morning, so please  
raise them quickly.


> Google Summer of Code 2012 Mentor Organization Participant Agreement
> 
> IMPORTANT: PLEASE READ THIS PARTICIPANT AGREEMENT CAREFULLY AND
> COMPLETELY BEFORE SUBMITTING YOUR APPLICATION FOR GOOGLE SUMMER OF
> CODE 2012. YOUR CLICKING THE “ACCEPT” BUTTON AND SUBMITTING THIS
> AGREEMENT 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.  If you are accepting  
> on
> behalf of an organization (and not as an individual), you represent
> and warrant that: (i) if you have full legal authority to bind the
> Mentor Organization to this Agreement; (ii) you have read and
> understand this Agreement; and (iii) you agree, on behalf of Mentor
> Organization, to this Agreement. If you do not have the legal
> authority to bind Mentor Organization, please do not click the "I
> Accept" button below.
> 
> In this Agreement, the terms "we," "our," "us" or "Google" are used  
> to
> collectively refer to Google Inc.. The terms "you,”  "your," or
> “Mentor Organization” means you, an organization or individual  
> running
> an active and viable open source or free software project whose
> application ("Application") is approved by Google's Open Source
> Program Office. “Google” means Google Inc., whose principal  
> place of
> business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043,
> United States. By submitting your Application to Google, you thus
> agree to be bound by this Agreement.
> 
> 1. GOOGLE SUMMER OF CODE PARTICIPATION
> 
> 1.1 Mentor Organization Application. By submitting an Application,  
> you
> hereby agree and notify us that you wish to participate in the  
> Google
> Summer of Code as a Mentor Organization, and are voluntarily
> submitting your Application to participate in the Google Summer of
> Code. You consent to the storage, display, downloading, copying,
> reviewing, and media coverage of your Application by Google. In
> addition, you will 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 Mentor Organization Warranties. You hereby represent, warrant,  
> and
> agree that: (a) you are an individual or organization running an
> active and viable open source or free software project; (b) you are
> not a resident or national of Cuba, Iran, Syria, Sudan, North Korea,
> or Myanmar (Burma); (c) you are not a person or entity restricted by
> US export controls or sanctions programs; and (d) if you are an
> individual, you are or will be 18 years of age or older by April 23,
> 2012 at 19:00 UTC.
> 
> 1.3 Right of Publicity. You also grant Google the right to use your
> name and name of your Organization, city, state and country for
> purposes of publicizing, advertising, or otherwise promoting the
> Google Summer of Code or any similar future program without any
> payment to you or to any other person or entity.
> 
> 1.4 Waiver and Release. By participating in the Google Summer of  
> Code
> and using the Google Summer of Code website (the "Site"), 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 your participation in the Google Summer of Code
> Program. If, notwithstanding the foregoing release, you attempt to
> raise any claims against Google, 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.
> 
> 1.5 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 an individual or organization 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 (this is
> not applicable if you are an organization receiving payment via an
> umbrella organization; please email the Google Summer of Code
> administrators if you have questions). If you are an individual or
> organization 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.
> 
> 1.6 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 your
> participation in the Google Summer of Code Program.
> 
> 1.7 No Obligation to Use. Google is not obligated to make any use of
> any code, or to exercise any of the rights granted to Google by this
> Agreement.
> 
> 2. MENTOR ORGANIZATION OBLIGATIONS
> 
> 2.1 The Mentor Organization agrees:
> 
> (a) To provide a publicly published list of project ideas from which
> participating students will choose a project to work on for the
> duration of the Program;
> 
> (b) To make available a person or persons to evaluate student
> suggestions for projects should those students not find something  
> that
> appeals to them on the published list and to either approve or  
> reject
> those suggestions;
> 
> (c) To make available a person or persons to review the incoming
> student applications targeted to the Organization and to decide  
> which
> applications should be accepted;
> 
> (d) To make available a person or persons responsible for helping
> students integrate with the project's community;
> 
> (e) To make available a person or persons to monitor the progress of
> the students and mentor them as the project proceeds (hereafter
> "Mentor(s)");
> 
> (f) To make available one or more alternate Mentors ready to take  
> over
> for the aforementioned Mentor(s) in the event s/he is unable to
> continue providing guidance to the accepted student applicant;
> 
> (g) To provide a written evaluation of each student developer,
> including but not limited to how the student worked with the group,  
> if
> the student should be invited back to any future Google Summer of  
> Code
> or similar program, and the student’s performance on his/her
> individual project. The Mentor Organization agrees that Google may  
> use
> the results of this evaluation for recruiting purposes. The results  
> of
> this evaluation will not be made available to third parties or the
> student participant, except (a) where the Mentor Organization  
> provides
> consent for Google to share the evaluation results with the student
> and/or third parties or (b) with or without consent, in extreme  
> cases
> such as where the Mentor Organization's feedback may be vital to
> arbitration with the student regarding payment or non-payment of
> stipend; and
> 
> (h) To make available an Administrator to represent the Mentor
> Organization and perform administrative tasks such as submitting  
> their
> Mentor Organization's Application, creating the Mentor  
> Organization's
> account on the Site, and signing up Mentors and publishing the list  
> of
> project ideas.
> 
> 3. INDEMNITY
> 
> Mentor Organization shall indemnify, defend and hold harmless Google
> Inc. , its 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 Mentor Organization’s acts or omissions, including claims
> arising out of Mentor Organization’s use of the Google Summer of  
> Code
> Site or participation in the Google Summer of Code Program, any
> Project Submission relating to Mentor Organization, posting or
> transmission of any application or code, or Mentor Organization’s
> violation of these Terms of Service.
> 
> 4. DISCLAIMER OF WARRANTIES
> 
> Mentor Organization's use of the Google Summer of Code Site and
> participation in the Google Summer of Code Program is at Mentor
> Organization’s  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. Mentor
> Organization will be solely responsible for any damage to its  
> computer
> system(s) 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, Mentor, Mentor Organization or other person or entity  
> nor
> does this Agreement 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
> Site. 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
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> 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 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 subsidiaries,
> officers, directors, employees, and suppliers, to you or any third
> parties in any circumstance is limited to $1,000. 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 by 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 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, without
> 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 represents the entire
> understanding between you and Google relating to the subject matter
> hereof, and supersedes any prior agreements between you and Google  
> on
> this subject matter. 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 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.

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