[SoC] Soc accepted but we need the help of the board

[stephane ducasse]

Hi guy

SoC was accepted for Squeak. Now we have some legal points to do and  
I need your help for that.
Please read and comment. Especially the W9 form or related.

Stef

Google Summer of Code 2007
MENTOR ORGANIZATION Participant Agreement
IMPORTANT: READ THIS PARTICIPANT AGREEMENT CAREFULLY AND COMPLETELY  
BEFORE SUBMITTING YOUR APPLICATION FOR Google Summer of Code. YOUR  
APPLICATION SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT WITH THE  
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS,  
THEN 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 2007 Terms of Use ("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-an organization or individuals running an  
active and viable open source or free software project whose  
application ("Application") is approved by Google's Open Source  
Program Office. By submitting your Application to Google, you thus  
agree to be bound by this Agreement. In this Agreement, the term  
"Mentor Organization" means any mentor organization participating in  
Google Summer of Code.
1. Google Summer of Code PARTICIPATION.
1.1 Mentor Organization Application. By submitting an application (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 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, according to the process set out in the  
TOS. 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. Notwithstanding  
the previous sentence, you may withdraw from the Google Summer of  
Code at any time by following the withdrawal procedures set forth in  
the TOS.
1.3 Mentor 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; and (b) you are not a  
citizen of Cuba, Iran, Syria, North Korea, or Myanmar (Burma); and  
(c) you are 18 years of age or older by April 9, 2007.
1.4 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.
1.5 Waiver and Release. By sending us your Application, and in order  
to participate in the Google Summer of Code and use 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 any alleged use of the Application. If,  
notwithstanding the foregoing release, you attempt to claim that we  
have used your Application, 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.
1.6 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. If you  
are an indivdual 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/ 
Foreign Certification form. You will be given the appropriate form  
and instructions for sending the completed document to Google as part  
of the Application process.
1.7 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  
Application.
1.8 No Obligation to Use. Google is not obligated to make any use of  
the Application or any code, or to exercise any of the rights granted  
to Google by this Agreement.
2. MENTOR ORGANIZATION OBLIGATIONS
The Mentor Organization must provide the following:
(a)	A pool of project ideas for students to choose from, publicly  
published by the Mentor Organization;
(b)	Someone available to review student "blue-sky" proposals should  
the student not find something that appeals in the organization's  
published ideas;
(c)	Someone available to review the incoming student applications  
targeted to the organization and to decide which applications should  
be accepted, meaning development begins on the accepted student  
proposals;
(d)	A person or persons to monitor the progress of the students and  
mentor them as the project proceeds;
(e)	A mentor ready to take over for the assigned mentor(s) in the  
event they are unable to continue providing guidance to the accepted  
student applicant, e.g. go on vacation, etc.;
(f)	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 Google Summer of  
Code site, and signing up mentors and publishing their pool of  
project ideas; and
(f)	A written evaluation of each student developer, including how  
they worked with the group, if they should be invited back should we  
do another Google Summer of Code, etc.
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 submission, posting or transmission of an application or code; or  
his or her violation of these Terms of Service.
4. DISCLAIMER OF WARRANTIES.
EACH PARTICIPANT'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. 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 TOS, this Agreement, the Terms of Use, and the Privacy  
Policy 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 TOS.
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 TOS 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 TOS and the Other Agreements)  
between you and Google on this subject matter. If any term or  
provision of this Agreement conflicts with the TOS, the TOS 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 TOS, and the Other  
Agreements 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.