IMPORTANT! READ CAREFULLY!

WORLD COMMUNITY GRID AGREEMENT

WELCOME TO WORLD COMMUNITY GRID.

THIS IS THE AGREEMENT THAT APPLIES TO YOUR PARTICIPATION IN WORLD COMMUNITY GRID. IT IS BETWEEN YOU AND INTERNATIONAL BUSINESS MACHINES CORPORATION (WE WILL REFER TO OURSELVES AS "IBM" OR "WE"). IT IS ANTICIPATED THAT EVENTUALLY IBM WILL TRANSFER WORLD COMMUNITY GRID TO A NON-IBM OWNED NOT-FOR-PROFIT ENTITY. SUCH A TRANSFER WOULD CONSTITUTE AN IBM CONTRIBUTION. IF AND WHEN THAT OCCURS, THIS AGREEMENT WILL ALSO APPLY TO THAT ENTITY.

PLEASE READ THIS WHOLE AGREEMENT SO YOU WILL KNOW WHAT TO EXPECT.

IN ORDER TO PARTICIPATE IN THE PROJECT, YOU MUST AGREE TO THIS AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON BELOW.

YOU AGREE TO THE ABOVE AND THE FOLLOWING:

PARTICIPATION IN WORLD COMMUNITY GRID

TO BE IN THE PROJECT, YOU MAY RECEIVE SOFTWARE THAT YOU WILL HAVE TO DOWNLOAD ONTO YOUR COMPUTER, SUCH AS CERTAIN SOFTWARE FROM THE UNIVERSITY OF CALIFORNIA. YOU WILL COMPLY WITH ALL PROVISIONS OF THE APPLICABLE SOFTWARE LICENSE FOR THE SOFTWARE, AND YOU WILL USE THE SOFTWARE ONLY AS PERMITTED BY ITS APPLICABLE LICENSE.

"YOUR COMPUTER" MEANS A COMPUTER YOU OWN OR FOR WHICH YOU HAVE THE OWNER'S PERMISSION TO USE IN WORLD COMMUNITY GRID.

YOU WILL RUN THE SOFTWARE ONLY ON YOUR COMPUTER.

YOU GIVE WORLD COMMUNITY GRID AND ITS SUPPLIERS YOUR PERMISSION TO USE YOUR COMPUTER, INCLUDING ITS CENTRAL PROCESSOR POWER, STORAGE SPACE, AND NETWORK BANDWIDTH IN WORLD COMMUNITY GRID WITHOUT ANY CHARGE TO IBM OR ANYONE ELSE.

THE PURPOSE OF WORLD COMMUNITY GRID IS TO HELP OTHERS. THEREFORE, IT IS EXTREMELY IMPORTANT THAT YOU OBSERVE ALL COMMON COURTESIES AND A SENSE OF DECENCY IN CONNECTION WITH YOUR PARTICIPATION IN THE PROJECT:

YOU WILL FOLLOW ALL CURRENT AND FUTURE POLICIES AND RULES OF WORLD COMMUNITY GRID; THOSE RULES WILL BE UPDATED ON WORLD COMMUNITY GRID SITE FROM TIME TO TIME.

YOU WILL NOT USE ANY TEAM OR INDIVIDUAL NAME OR ID OR CONTENT OR HYPERLINK TO ANOTHER SITE IN CONNECTION WITH WORLD COMMUNITY GRID THAT COULD BE CONSIDERED OFFENSIVE OR OBJECTIONABLE IN ANY WAY. WE WILL HAVE THE SOLE DISCRETION TO DECIDE WHETHER A NAME, ID, CONTENT OR HYPERLINK TO ANOTHER SITE IS OFFENSIVE OR OBJECTIONABLE IN ANY WAY. AT OUR REQUEST, YOU WILL IMMEDIATELY CHANGE THE NAME OR ID, REMOVE THE CONTENT, AND END THE HYPERLINK. IN THE EVENT YOU INCLUDE A HYPERLINK TO ANOTHER SITE, YOU WILL MAKE IT EXPLICIT THAT WORLD COMMUNITY GRID IS NOT RESPONSIBLE IN ANY WAY FOR THAT SITE OR ITS CONTENT.

ADDED ON JANUARY 29, 2008: ON THE WORLD COMMUNITY GRID WEBSITE, YOU MAY CREATE A "WIDGET" INCLUDING THE WORLD COMMUNITY GRID LOGO, THAT CAN BE EMBEDDED IN YOUR WEB PAGE. IBM GRANTS YOU A NONEXCLUSIVE, WORLDWIDE, ROYALTY-FREE LICENSE TO USE THE "WIDGET" IN ACCORDANCE WITH THE TERMS OF THE AGREEMENTS, WHICH ARE INCORPORATED HEREIN BY REFERENCE. YOU AGREE THAT IBM CAN WITHDRAW THIS LICENSE AT ANY TIME.

ENDING YOUR PARTICIPATION IN WORLD COMMUNITY GRID OR ENDING WORLD COMMUNITY GRID

YOU OR IBM OR WORLD COMMUNITY GRID MAY END YOUR PARTICIPATION IN WORLD COMMUNITY GRID AT ANY TIME WITHOUT CAUSE BY NOTICE TO THE OTHER. IF YOUR PARTICIPATION ENDS, YOU WILL IMMEDIATELY EITHER RETURN TO WORLD COMMUNITY GRID OR DESTROY ALL SOFTWARE AND OTHER MATERIALS YOU RECEIVED FROM WORLD COMMUNITY GRID OR OTHERS IN CONNECTION WITH THE WORLD COMMUNITY GRID.

WORLD COMMUNITY GRID ALSO RESERVES THE RIGHT TO END IMMEDIATELY WORLD COMMUNITY GRID IN WHOLE OR IN PART WITHOUT CAUSE.

WORLD COMMUNITY GRID WILL HAVE THE RIGHT TO PROVIDE NOTIFICATIONS TO YOU UNDER THIS PARAGRAPH THROUGH E-MAILS, REGULAR MAIL, FAX, PHONE, OR A NOTICE ON WORLD COMMUNITY GRID WEB SITE.

PRIVACY MATTERS

IF YOU PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF THROUGH YOUR PARTICIPATION IN WORLD COMMUNITY GRID, YOU GIVE US AND AFFILIATED COMPANIES AND OUR SUPPLIERS AND OTHERS WHO ARE WORKING ON OR WITH WORLD COMMUNITY GRID PERMISSION TO USE THAT INFORMATION WORLDWIDE IN CONNECTION WITH WORLD COMMUNITY GRID AND PROJECTS UNDER WORLD COMMUNITY GRID. YOU ALSO AGREE THAT WE CAN SEND YOU INFORMATION, INCLUDING IN EMAILS, ABOUT WORLD COMMUNITY GRID. AT SOME POINT, IBM MAY DECIDE TO TRANSFER OWNERSHIP, MANAGEMENT, AND CONTROL OF WORLD COMMUNITY GRID TO A NON-IBM NOT-FOR-PROFIT ENTITY, AND YOU AGREE WE MAY TRANSFER YOUR INFORMATION TO THAT OTHER ENTITY FOR THAT ENTITY'S USE IN WORLD COMMUNITY GRID. YOU ALSO GIVE US PERMISSION TO RELEASE YOUR INFORMATION IF REQUIRED BY LAW.

EXCLUSIONS OF WARRANTIES AND DISCLAIMERS OF LIABILITY

PLEASE BE AWARE THAT WHENEVER YOU DOWNLOAD SOFTWARE OR OTHER MATERIALS OR COMMUNICATE OVER THE INTERNET, YOU ARE TAKING A CHANCE. SOFTWARE AND OTHER MATERIALS MAY HAVE VIRUSES OR THE DOWNLOAD SERVER MAY HAVE BEEN HACKED. NONE OF IBM NOR ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE SUPPLIERS, EMPLOYEES, DIRECTORS, OR AGENTS OR OTHER PARTICIPANTS OR CONTRIBUTORS IN WORLD COMMUNITY GRID OR SOFTWARE PROVIDERS WILL BE RESPONSIBLE FOR ANY PROBLEMS THAT MAY BE CAUSED TO YOU AND YOU PARTICIPATE IN WORLD COMMUNITY GRID AT YOUR OWN SOLE RISK.

THEREFORE, ALL SOFTWARE, SERVICES, AND MATERIALS PROVIDED TO YOU IN CONNECTION WITH WORLD COMMUNITY GRID ARE "AS IS", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO CONDITION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN ADDITION, THERE IS NO WARRANTY OR PROMISE THAT THE SOFTWARE, SERVICES OR MATERIALS WILL NOT CAUSE DAMAGE TO YOUR COMPUTER OR YOUR DATA OR CAUSE COMPUTER INTERRUPTIONS.

FURTHERMORE, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATED COMPANIES AND OUR AND THEIR RESPECTIVE SUPPLIERS, EMPLOYEES, DIRECTORS OR AGENTS OR OTHER PARTICIPANTS OR CONTRIBUTORS IN WORLD COMMUNITY GRID OR SOFTWARE PROVIDERS BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT DAMAGES AND CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES EVEN IF WE OR THEY HAVE BEEN ADVISED OF THEIR POSSIBILITY, WHICH ARISE OR MAY ARISE IN CONNECTION WITH YOUR PARTICIPATION IN WORLD COMMUNITY GRID OR IN ANY WAY CONNECTED WITH WORLD COMMUNITY GRID.

GENERAL PROVISIONS

THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO YOUR PARTICIPATION IN WORLD COMMUNITY GRID, AND IT SUPERSEDES ANY PRIOR ORAL OR WRITTEN AGREEMENTS OR UNDERSTANDINGS ABOUT IT.

THIS AGREEMENT MAY NOT BE MODIFIED BY YOU. WE WILL HAVE THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND YOUR SUBSEQUENT PARTICIPATION WILL BE GOVERNED BY THE MODIFIED AGREEMENT. WE WILL NOTIFY YOU OF A MODIFIED AGREEMENT BY POSTING THE MODIFIED AGREEMENT ON WORLD COMMUNITY GRID WEB SITE OR BY E-MAIL, REGULAR MAIL, FAX, OR PHONE.

EACH SECTION HEADING IS PROVIDED FOR CONVENIENCE ONLY, AND IT WILL NOT AFFECT THE MEANING OR INTERPRETATION OF THE PROVISION THAT FOLLOWS IT.

YOU WILL COMPLY WITH ALL APPLICABLE LAWS, INCLUDING LAWS RELATING TO EXPORT, IMPORT, AND PRIVACY.

THIS AGREEMENT WILL BE GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL AND AGREES THAT ANY CLAIM UNDER THIS AGREEMENT OR IN CONNECTION WITH WORLD COMMUNITY GRID MUST BE BROUGHT IN A FEDERAL DISTRICT COURT IN NEW YORK STATE.