THE Dev2Dev SITE TERMS OF USE

Preamble

The dev2dev site is only a venue. This web site acts as a venue for interested parties to share ideas regarding BEA software products and services and does not screen or censor the content presented. As a result, BEA Systems, Inc. (“BEA”), has no control over the quality, safety or legality of the information posted or the truth or accuracy of such information. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the dev2dev site and/or any other web site linked herein.

Release of Claims

Because user authentication on the Internet is difficult, BEA cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the dev2dev, in the event that you have a dispute with one or more other users, you release BEA (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Warning on Content; Acknowledgement

BEA is under no legal obligation to, and generally does not, control the content provided by other users which is made available through the dev2dev site and/or any other web site linked herein. By its very nature, other people's content may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

BEA expects that you will use caution and common sense when using the dev2dev site and/or any other web site linked herein.

The dev2dev site content may contain inaccuracies or typographical errors. BEA makes no representations about the accuracy, reliability, completeness, or timeliness of any such content, whether originated by BEA or by any other party. The use of the dev2dev site and its content is at your own risk. Changes are periodically made to the dev2dev site and may be made at any time for any reason or no reason without prior notice.

You acknowledge and agree that you are solely responsible for the form, accuracy and all other aspects of any content which you submit to the dev2dev site.

No Warranty by BEA

BEA DOES NOT WARRANT THAT THE DEV2DEV SITE WILL OPERATE ERROR-FREE OR THAT THE DEV2DEV SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE DEV2DEV SITE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BEA IS NOT RESPONSIBLE FOR THOSE COSTS. THE DEV2DEV SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BEA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. BEA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS PROVIDED ON THE DEV2DEV SITE.

Disclaimer of Liability; Limitation

IN NO EVENT SHALL BEA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE DEV2DEV SITE OR ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BEA'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DEV2DEV SITE OR YOUR USE OF ITS CONTENTS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED TEN DOLLARS ($10).

Links to Other Sites

The dev2dev site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by BEA of the contents on such third-party web sites. BEA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

BEA reserves the right to pursue all of its legal remedies upon any breach by you of these Terms of Use. BEA reserves the right, at its sole discretion, for any reason or no reason, at any time, to delete of your postings from the dev2dev site and/or immediately terminate your registration with or ability to access the dev2dev site.

You agree upon notice from BEA to defend, indemnify, and hold harmless BEA, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to the dev2dev site, (ii) any content that you use or (iii) your breach of the terms of these Terms of Use.

The Company makes no claims that the dev2dev site content may be lawfully viewed or accessed outside of the United States. Access to the dev2dev site content may not be legal by certain persons or in certain countries. If you access the dev2dev site content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, the laws of the United States and any other applicable laws or regulations. These Terms and conditions are governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Santa Clara county, California. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

You agree that any content you post, submit, contribute or otherwise provide to the dev2dev that is protected by copyright, trade secret, patent rights or any other intellectual property rights, or by privacy rights, shall be licensed to BEA and all others accessing the dev2dev site pursuant to the terms and conditions of the BEA Public License Version 2.1 (Modified for Content).