Non-Disclosure Agreement for Access to Confidential Materials Related …

Non-Disclosure Agreement for Access to Confidential Materials Related
                     to Project Participation

I wish to participate in development activities of the Apache Software Foundation ("the Foundation") that
will involve access or possession of confidential information provided to the foundation from a third party.
I acknowledge and agree to the following:

    1. I understand that a third party has disclosed and will disclose to the Foundation information that it
         does not wish to become public, which may include specifications, TCKs (Technology
         Compatibility Kits), RIs (Reference Implementations), or other materials. This information will be
         identified by that third party or the Foundation as confidential at the time of disclosure and all
         materials containing such confidential information will have a restrictive marking.

    2. I will use reasonable care not to disclose this information to any party other than those individuals
         who are identified by the Foundation as having also signed this agreement. However, this
         obligation will not apply to information that I already possess or which I receive without a
         nondisclosure obligation, that I develop independently, that is publicly available or becomes so, or
         is disclosed by the third party to another party without a nondisclosure obligation. My subsequent
         use of the general knowledge, skills and experience that I gain as a result of working with the
         information will not constitute a breach of these obligations.

    3. I will use this information only for the project or projects of the Foundation for which it was
         provided.

    4. I recognize that I may be liable to the Foundation and/or to the third party for damages resulting
          from my violation of this agreement.

    5. This agreement does not: (a) obligate me to receive any information, perform any work, or enter into
          any license, business engagement or other agreement; (b) limit me from developing software that
          may be competitive with that of the Foundation or the third party; (c) limit me from entering into a
          business or employment relationship with any other party; or (d) create a joint relationship
          between me and the Foundation or authorize either of us to act or speak on behalf of the other.
          Further, because I am not acting as an agent of the Foundation through my participation, and this
          agreement does not otherwise create an agency relationship, I am not entitled as an "agent" to any
          right of indemnity (to the extent that one exists) pursuant to Section 12.1 of the Foundation's
          bylaws.

____________________________________                       __________________
Signature                                         Date
____________________________________                       __________________
Printed Name                                       E-mail address
____________________________________                       __________________
Address                                           Apache user id
gmj:2004-04-07