Sun Microsystems, Inc.
BidAdmin Bucks Program
Participation Agreement

READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE SUBMITTING MATERIALS TO SUN FOR THE BIGADMIN BUCKS PROGRAM. (THE "PROGRAM") INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT SUBMIT MATERIALS TO SUN MICROSYSTEMS, INC. ("SUN") OR TO THE BIGADMIN PORTAL, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

• Acceptance.
  

  By selecting the "Accept" button at the end of this Agreement, You represent that You have read and understood the BigAdmin Bucks Program Overview and that You have read and accept the terms of this Agreement.

• License to Sun.
  

  You hereby grant to Sun a non-exclusive, royalty-free, irrevocable, world-wide license to reproduce, use, publicly display, publicly perform, make, have made, sell and redistribute, with or without modification, in any form and in any media, all materials submitted by You ("Submitted Materials") to Sun, through the BigAdmin Portal or otherwise, for purposes of participation in the Program.

• Representation.
  

  You hereby represent and warrant that You are authorized to license Your Submitted Materials under the terms of this Agreement, and that to the best of Your knowledge Your Submitted Materials do not infringe the intellectual property rights of any party. Additionally, You represent that Your Submitted Materials are non-confidential and that access and viewing of Your Submitted Materials by Sun is in no way restricted.

EXCEPT AS WARRANTED IN SECTION 3, "REPRESENTATION," ALL SUBMITTED MATERIALS ARE PROVIDED BY YOU "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR SECTION 3, "REPRESENTATION":

  a) NEITHER PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (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) EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The foregoing limitations will apply even if any remedy fails of its essential purpose.