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BUNGEE LABS COMMUNITY SOURCE LICENSE

RESEARCH AND DEVELOPMENT USE

(BCSL R&D)

Draft Version 0.7 (Rev Date: April 22, 2008)

RECITALS

Bungee Labs, Inc. (“BL”) has developed Specifications, Source Code implementations and Executables of the Bungee Application Server and Bungee Pulse Client (collectively or separately, “Bungee Run-Time Code”, each as more precisely defined below) and an associated TCK; and

BL desires to license the Bungee Run-Time Code to a large community to facilitate research, innovation and product development while maintaining compatibility of such products with the Bungee Run-Time Code as delivered by BL;

Therefore, BL makes available the Bungee Run-Time Code, the Specifications, and the TCK available for Research and Development Use only under the following terms:

LICENSE

1. Introduction.

The Bungee Labs Community Source License – Research and Development Use (“BCSL R&D” or “License”) is a license to use the Source Code of certain portions of the Bungee Run-Time Code, Specifications, and the TCK for research and development use only. You (“Licensee,” as more specifically defined below) accept the terms of this License by downloading or using the Bungee Run-Time Code, the Specifications, or the TCK, unless Licensee and BL have signed a license agreement that expressly supersedes this BCSL R&D.

This License does not include a license to make Commercial Use of the Bungee Run-Time Code. If Licensee desires a license for Commercial Use of the Bungee Run-Time Code, Licensee and BL may desire to execute the Bungee Labs Community Source License - Commercial Use (“BCSL Commercial”) for the version of the Bungee Run-Time Code of which Licensee would like to make Commercial Use. Once executed by Licensee and BL, the BCSL Commercial would supersede the terms of this License.

Capitalized terms used in this License are defined in the Glossary attached to the end of this License.

2. License Grants.

2.1 BL Grant to use Covered Code, Specifications, and TCK.

Subject to Licensee’s compliance with the terms of this License, BL grants to Licensee a worldwide, royalty-free, non-exclusive license, to the extent of BL's Intellectual Property Rights covering the Covered Code, Specifications, and the TCK to do the following:

(a) Research Use License.

(i) use, reproduce and modify the Covered Code and Specifications to create Modifications and Reformatted Specifications for Research Use by Licensee;

(ii) publish and display Covered Code and Specifications with, or as part of Modifications, as permitted under Section 3.1(b) below;

(iii) reproduce and distribute copies of Covered Code to Licensees and students for Research Use by Licensee or Research Use by Licensees;

(iv) compile, reproduce and distribute Covered Code in Executable form, and Reformatted Specifications to anyone for Research Use by Licensee; and

(v) use the TCK to develop and test Covered Code.

(b) Reservation of Rights.

Other than the licenses expressly granted in this License, BL retains all right, title, and interest in Covered Code, Specifications and the TCK.

Licensee may not create derivative works of the TCK or use the TCK to test any implementation of the Specifications except for the purpose of creating Compliant Covered Code. Licensee may not publish Licensee’s test results or make claims of comparative compatibility with respect to other implementations of the Specification.

2.2 Licensee’s Grants.

(a) To Other Licensees and Bungee Labs Licensees. Licensee hereby grants to each other Licensee and Bungee Labs Licensee a license to Licensee’s Error Corrections and Shared Modifications, of the same scope and extent as BL's licenses under Section 2.1 (a) above relative to Research Use.

(b) To BL. Licensee hereby grant to BL a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to the extent of Licensee’s Intellectual Property Rights covering Licensee’s Error Corrections, Shared Modifications and Reformatted Specifications, to use, reproduce, modify, display and distribute Licensee’s Error Corrections, Shared Modifications and Reformatted Specifications, in any form, including the right to sublicense such rights through multiple tiers of distribution.

(c) Other than the licenses expressly granted in Sections 2.2(a) and (b) above, and the restrictions set forth in Section 3.1 below, Licensee retains all right, title, and interest in Licensee’s Error Corrections, Shared Modifications and Reformatted Specifications.

2.3 Modifications by Bungee Labs Licensees.

Licensee may use, reproduce, modify, display and distribute Error Corrections, Shared Modifications and Reformatted Specifications, obtained by Licensee under this License from any other Licensees or Bungee Labs Licensee, to the same scope and extent as with Original Code, Upgraded Code and Specifications under this License.

2.4 Subcontracting.

Licensee may deliver the Source Code of Covered Code to other Licensees or Bungee Labs Licensees for the sole purpose of furnishing development services to Licensee in connection with Licensee’s rights granted in this License, provided that Licensee does not enter a separate agreement with such other Licensee that contains provisions inconsistent with the ownership and licensing requirements set forth in this License.

2.5 Third Party Software

The Bungee Run-Time Code is accompanied by software distributed or authored by third parties and made available to you under the terms and conditions set forth at Attachment B to this License (the “Third Party Software”). Your use of any Third Party Software is subject to and governed solely by the applicable terms and conditions set forth or identified in Attachment B, and this License does not apply to such use in any way. For the avoidance of doubt, and without limiting the foregoing, the Third Party Software is provided “as-is” and BL expressly disclaims any and all warranties, representations, and liability in connection therewith.

3. Requirements and Responsibilities.

3.1 Research Use License.

As a condition of exercising the rights granted under Section 2.1(a) above, Licensee must comply with the following:

(a) Licensee’s Error Correction Contributions. All Error Corrections and Shared Modifications which Licensee creates are automatically subject to the licenses granted under Section 2.2 above. Licensee must provide all of Licensee’s Error Corrections to BL as soon as reasonably practicable and, in any event, no later than when Licensee shares such Error Corrections with any other Licensee or Bungee Labs Licensee. Licensee must notify BL of any errors in the Specifications.

(b) Licensee’s Modifications. Licensee is encouraged to license all of Licensee’s other Modifications which are not Error Corrections, under Section 2.2 as Shared Modifications, but is not required to do so. Licensee agrees that any Modifications submitted to BL or any Licensee or Bungee Labs Licensee through the Bungee Labs Community Website or otherwise shall be deemed Shared Modifications under this License upon submission or uploading.

(c) Source Code Availability. BL may, at its discretion, post Source Code for Licensee’s Error Corrections and Shared Modifications at the Bungee Labs Community Website, under terms and conditions of BL’s choosing.

(d) Notices. All Error Corrections and Shared Modifications that Licensee creates and contributes must include a file documenting the additions and changes Licensee made and the date of such additions and changes. Licensee must also include the notice set forth in Attachment A-1 in the file header of any Error Correction or Shared Modification. If it is not possible to put the notice in a particular Source Code file due to its structure, then Licensee must include the notice in a location (such as a relevant directory file), where a recipient would be most likely to look for such a notice.

(e) Redistribution.

(i) Source. Covered Code may be distributed in Source Code form only to another Licensee or Bungee Labs Licensee (except for students as provided below). Licensee may not offer or impose any terms on any Covered Code that alter the rights, requirements, or responsibilities of such Licensee or Bungee Labs Licensee. Licensee may distribute Covered Code to students for use in connection with such students’ course work and research projects undertaken at accredited educational institutions. Such students need not be Licensees or Bungee Labs Licensees, but must be given a copy of the notice set forth in Attachment A-3 and such notice must also be included in a file header or prominent location in the Source Code made available to such students.

(ii) Executable. Licensee may distribute Executable version(s) of Covered Code to Licensees, Bungee Labs Licensees, and other third parties only for the purpose of evaluation and comment in connection with Research Use by Licensee and under a license of Licensee’s choice, but that limits use of such Executable version(s) of Covered Code only to that purpose and is otherwise consistent with Licensee’s obligations under this License.

(iii) Modified Class, Interface and Package Naming. In connection with Research Use by Licensee only, Licensee may use BL's class, Interface and package names only to accurately reference or invoke the Source Code files that Licensee modifies. BL grants to Licensee a limited license to the extent necessary for such purposes.

(f) Extensions.

(i) Licensee may not include any Source Code of Community Code in any Extensions. Licensee may include the compiled Header Files of Community Code in an Extension provided that Licensee’s use of the Covered Code, including Header Files, complies with the TCK and all other terms of this License.

(ii) Open. Licensee agrees not to assert any Intellectual Property Rights Licensee may have covering any Interface(s) of Licensee’s Extension, to the extent that such an assertion of rights would prevent the implementation of such Interface(s) by BL or any Licensee or Bungee Labs Licensee. This obligation does not prevent Licensee from enforcing any Intellectual Property Right Licensee has that would otherwise be infringed by an implementation of Licensee’s Extension.

(g) Any Specifications provided to Licensee by BL are confidential and proprietary information of BL. Licensee must maintain the confidentiality of the Specifications and may not disclose them to any third party without BL’s prior written consent. Licensee may only use the Specifications under the terms of this License and only for the purpose of implementing the terms of this License with respect to Community Code. Licensee may not use, copy or distribute any such Specifications except as provided in writing by BL.

3.2 No Commercial Use.

Licensee may not make Commercial Use of any Covered Code unless Licensee and BL have executed a copy of the BCSL - Commercial available at the Bungee Labs Community Website, or another license agreement expressly granting commercial use rights.

3.3 Non-Infringement.

Licensee represents and warrants that any Shared Modifications or Error Corrections submitted to BL are authored, created, or otherwise owned solely by Licensee and that use of such materials by Licensees, Bungee Licensees, BL, or BL’s licensees, as permitted under this License, would not violate, misappropriate, or infringe the Intellectual Property Rights of any third party.

4. Versions of the License.

4.1 License Versions.

BL may publish revised versions of this License from time to time. Each version will be given a distinguishing version number. No one other than BL has the right to promulgate versions of this License.

4.2 Effect of New License Versions.

(a) Once a particular version of Covered Code has been provided under a version of this License, Licensee may always continue to use such Covered Code under the terms of that version of the License. Licensee may also choose to use such Covered Code under the terms of any subsequent version of the License, but not under a prior version of the License. (For example, if a version of Covered Code has been provided under BCSL R&D 2.1, Licensee may not use such Covered Code under CSL R&D 2.0.)

4.3 Multiple-Licensed Code.

BL may designate portions of the Covered Code as “Multiple-Licensed.” “Multiple-Licensed” means that BL permits Licensee to utilize those designated portions of the Covered Code under Licensee’s choice of this License or an alternative license(s), if any, specified by BL at the Bungee Labs Community Website or in Header Files for the applicable Covered Code.

5. Disclaimer of Warranty.

COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.

6. Termination.

6.1 By Licensee.

Licensee may terminate this License at anytime by providing written notice to BL.

6.2 By BL.

This License and the rights granted hereunder will terminate:

(a) automatically if Licensee fails to comply with the terms of this License and fails to cure such breach within 30 days of receipt of written notice of the breach;

(b) immediately in the event of circumstances specified in Sections 7.1 and 8.4; or

(c) at BL's discretion upon any action initiated by Licensee (including by cross-claim or counter claim) alleging that use or distribution by BL or any Bungee Labs Licensee, of any Covered Code, the TCK or Specifications infringe a patent owned or controlled by Licensee.

6.3 Effect of Termination.

Upon termination, Licensee must discontinue use of and destroy all copies of Covered Code in Licensee’s possession. All sublicenses to the Covered Code that Licensee has properly granted shall survive any termination of this License. Provisions that, by their nature, should remain in effect beyond the termination of this License shall survive including, without limitation, Sections 2.2, 3, 5, 7, 8, and the Glossary.

6.4 No Compensation.

Each party waives and releases the other from any claim to compensation or indemnity for permitted or lawful termination of this License.

7. Liability.

7.1 Infringement.

Should any of the Covered Code, TCK or Specifications (“Materials”) become the subject of a claim of infringement, BL may, at its sole option, (i) attempt to procure the rights necessary for Licensee to continue using the Materials, (ii) modify the Materials so that they are no longer infringing, or (iii) terminate Licensee’s right to use the Materials, immediately upon written notice. Other than the foregoing, BL shall have no obligation to Licensee whatsoever with respect to such a claim of infringement.

7.2 LIMITATION OF LIABILITY.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BL'S LIABILITY TO LICENSEE FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY LICENSEE TO BL FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT LICENSEE OR BL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

8. Miscellaneous.

8.1 No Trademark License.

Licensee is granted no right, title or license to, or any interest in, any trademarks of BL hereunder.

8.2 Integration.

This License represents the complete agreement concerning the subject matter hereof.

8.3 Assignment.

BL may assign this License, and its rights and obligations hereunder, in its sole discretion. Licensee may assign Licensee’s rights and obligations under this the License to a third party upon prior written notice to BL.

8.4 Severability.

If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Notwithstanding the foregoing, if Licensee is prohibited by law from fully and specifically complying with Sections 2.2 or 3, this License will immediately terminate and Licensee must immediately discontinue any use of the Materials.

8.5 Governing Law.

This License shall be governed by the laws of the United States and the State of Utah, as applied to contracts entered into and to be performed in Utah between Utah residents. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The state and federal courts located in Salt Lake City, Utah have exclusive jurisdiction over any claim relating to the License, including contract and tort claims.

8.6 Construction.

Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not apply to this License.

8.7 U.S. Government End Users.

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

8.8 Press Announcements.

Licensee may make press announcements or other public statements regarding this License without the prior written consent of BL, if Licensee’s statement is limited to announcing the licensing of the Covered Code. All other public announcements regarding this License require the prior written consent of BL. Consent requests are welcome at [email protected].

8.9 International Use.

(a) Export/Import laws. Covered Code is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee must comply strictly with all such laws and regulations and must obtain any necessary licenses to export, re-export, or import as may be permitted under this Agreement.

(b) Intellectual Property Protection. Due to limited intellectual property protection and enforcement in certain countries, this License does not permit the redistribution of the Covered Code, TCK and Specifications to any country on “Country Group E” in Supplement No. 1 to Part 740 of the Export Administration Regulations of the U.S. government.

8.10 Language.

This License is in the English language only, which language shall be controlling in all respects, and all versions of this License in any other language shall be for accommodation only and shall not be binding on the parties to this License. All communications and notices made or given pursuant to this License, and all documentation and support to be provided, unless otherwise noted, shall be in the English language.

GLOSSARY

“Applicable Patent Claims” means: (a) in the case where BL is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to BL and (ii) are necessarily infringed by using or making the Original Code or Upgraded Code, including Modifications provided by BL, alone and not in combination with other software or hardware; and (b) in the case where Licensee is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to Licensee and (ii) are infringed (directly or indirectly) by using or making Licensee Modifications, taken alone or in combination with Covered Code.

“Application Programming Interfaces (APIs)” means the interfaces, associated header files, service provider interfaces, and protocols that enable a device, application, operating system, or other program to obtain services from or make requests of (or provide services in response to requests from) other programs, and to use, benefit from, or rely on the resources, facilities, and capabilities of the relevant programs using the APIs. APIs includes the technical documentation describing the APIs, the Source Code constituting the API, and any Header Files used with the APIs.

“BL” means Bungee Labs, Inc., its affiliates and its successors and assigns.

“Bungee Labs Community Website” means the website located at http://bcdn.bungeeconnect.com/ designated by BL for access to the Bungee Run-Time Code, TCK and Specifications, and for posting Modifications.

“Bungee Labs Licensee” means any person or entity who has entered into a license agreement with BL providing for both source code development rights to and Commercial Use of the Bungee Run-Time Code.

“Bungee Application Server” means the portion of the Covered Code that implement the Bungee Application Server for application delivery as defined in the Specification.

“Bungee Pulse Client” means the portion of the Covered Code that implement the Bungee Pulse Client for enabling interaction and user interface rendering, and display within web-browsers as defined in the Specifications.

“Bungee Run-Time Code” means the Bungee Application Server, Bungee Pulse Client software and any other Bungee Labs software technologies that may be designated by BL from time to time.

“Commercial Use” means any use (internal or external), copying, sublicensing or distribution (internal or external), directly or indirectly of Covered Code by Licensee other than Licensee’s Research Use of Covered Code within Licensee’s business or organization or in conjunction with other Bungee Labs Licensees with equivalent Research Use rights. Commercial Use includes any use of the Covered Code for direct or indirect commercial or strategic gain, advantage or other business purpose. Any Commercial Use requires execution of the BCSL - Commercial Use by Licensee and BL.

“Community Code” means the Original Code, Upgraded Code, Error Corrections, Shared Modifications, or any combination thereof.

“Compliant Covered Code” means Covered Code that complies with the requirements of the TCK.

“Covered Code” means the Original Code, Upgraded Code, Modifications, or any combination thereof.

“Error Correction” means any change made to Community Code which conforms to the Specification and corrects the adverse effect of a failure of Community Code to perform any function set forth in or required by the Specifications.

“Executable” means Covered Code that has been converted from Source Code to the preferred form for execution by a computer or digital processor (e.g. binary form).

“Extension(s)” means any additional Interfaces developed by or for Licensee which: (i) are designed for use with the Bungee Run-Time Code; (ii) constitute an API for a library of computing functions or services; and (iii) are disclosed or otherwise made available to third party software developers for the purpose of developing software which invokes such additional Interfaces. The foregoing shall not apply to software developed by Licensee’s subcontractors to be exclusively used by Licensee.

“Header File(s)” means that portion of the Source Code that provides the names and types of member functions, data members, class definitions, and interface definitions necessary to implement the APIs for the Covered Code. Header Files include, files specifically designated by BL as Header Files. Header Files do not include the code necessary to implement the functionality underlying the Interface.

“Intellectual Property Rights” means worldwide statutory and common law rights associated solely with (i) Applicable Patent Claims; (ii) works of authorship including copyrights, copyright applications, copyright registrations and “moral rights”; (iii) the protection of trade and industrial secrets and confidential information; and (iv) divisions, continuations, renewals, and re-issuances of the foregoing now existing or acquired in the future.

“Licensee” means the individual, or a legal entity acting by and through an individual or individuals, exercising rights either under this License or under a future version of this License issued pursuant to Section 4.1. For legal entities, “Licensee” includes any entity that by majority voting interest controls, is controlled by, or is under common control with Licensee.

“Interface” means interfaces, functions, properties, class definitions, APIs, Header Files, GUIDs, V-Tables, or protocols allowing one piece of software, firmware or hardware to communicate or interoperate with another piece of software, firmware or hardware.

“Modification(s)” means (i) any addition to, deletion from or change to the substance or structure of the Covered Code, including Interfaces; (ii) any new file or other representation of computer program statements that contains any portion of Covered Code; (iii) any new Source Code implementing any portion of the Specifications; or (iv) any derivative work of the Covered Code or any portion thereof.

“Original Code” means the Source Code for the Bungee Run-Time Code as described on the Bungee Labs Community Website.

“Personal Use” means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.

“Reformatted Specifications” means any revision to the Specifications which translates or reformats the Specifications (as for example in connection with Licensee’s documentation) but which does not alter, subset or superset the functional or operational aspects of the Specifications.

“Research Use” means use and distribution of Covered Code only for Licensee’s Personal Use, research or development use and expressly excludes Commercial Use. Research Use also includes use of Covered Code to teach individuals how to use Covered Code.

“Shared Modifications” means Modifications that Licensee distributes under this License, in addition to any Modifications provided by Licensee, at Licensee’s option, pursuant to Section 2.2 and/or 3.1(b), or received by Licensee from another Licensee or Bungee Labs Licensee pursuant to Section 2.3.

“Source Code” means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable.

“Specifications” means the specifications for the Bungee Run-Time Code and other documentation, as published by BL from time to time on the Bungee Labs Community Website.

“Technology Compatibility Kit” or “TCK” means the interoperability testing specification, documentation and related testing tools made available to Licensee by BL from time to time for the purpose of testing Licensee’s implementations of the Covered Code. BL may, in its sole discretion and from time to time, revise a TCK to correct errors or omissions and in connection with Upgrades.

“Upgrade(s)” means new versions of Bungee Run-Time Code designated exclusively by BL as an "Upgrade" and released by BL from time to time under the terms of this License.

“Upgraded Code” means the Source Code or Executables for Upgrades, possibly including Error Corrections and Shared Modifications created by Licensees and other Licensees or Bungee Labs Licensees.

ATTACHMENT A

REQUIRED NOTICES

ATTACHMENT A-1

REQUIRED IN ALL CASES

Notice to be included in header file of all Error Corrections and Shared Modifications:

The contents of this file, and the files included with this file, are subject to the current version of Bungee Labs Community Source License – Research and Development, Version 1.0 (the "License"). You may not use this file except in compliance with the License executed by both you and Bungee Labs. You may obtain a copy of the License at http://www.bungeeconnect.com/licenses/bcsl. You may also obtain a copy of the License by contacting Bungee Labs directly. Please see the License for the rights, obligations and limitations governing use of the contents of the file.

This file is part of the Bungee Run-Time Code. Bungee Labs, Inc., is the developer of the Original Code and owns the copyrights in the portions it created.

This file, and the files included with this file, are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND BUNGEE LABS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

Contributor(s):

____________________________________

Technology Compatibility Kit Test Suite(s) Location:

____________________________________

ATTACHMENT A-2

SAMPLE LICENSEE CERTIFICATION

"By clicking the `Agree' button below, you certify that you are a Licensee in good standing under the Bungee Labs Community Source License – Research and Development or the Bungee Labs Community Source License – Commercial Use, (each, a "License") and that your access, use and distribution of code and information you may obtain at this site is subject to the License. If you are not a Licensee under the Bungee Labs Community Source License you may not download, copy or use the Bungee Run-Time Code.”

ATTACHMENT A-3

REQUIRED STUDENT NOTIFICATION

"This software and related documentation has been obtained by your educational institution subject to the Bungee Labs Community Source License – Research and Development. You have been provided access to the software and related documentation for use only in connection with your course work and research activities as a matriculated student of your educational institution. Any other use is expressly prohibited.

THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF BUNGEE LABS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS.

You may not use this file except in compliance with the License. You may obtain a copy of the License on the web at http://www.bungeeconnect.com/licenses/bcsl ”

ATTACHMENT B

Third Party Software

The Bungee Run-Time Code is accompanied by certain Third Party Software. The Third Party Software is made available to you under the terms and conditions applicable to such software, as set forth below.

[To be determined.]