MuleSource, Inc. ("MuleSource")

Contribution Agreement

Thank you for your interest in contributing to the MuleSource product development community. This Contribution Agreement clarifies the terms under which you, the "Contributor", may contribute software code to MuleSource's open source projects. Consistent with the practice of many other open source communities, if you would like to make a contribution, MuleSource requires that you assign the intellectual property rights in your contribution to MuleSource (with a license back to you to use it in any way you please).

To make a contribution, please review and sign this Contribution Agreement, and send by mail to MuleSource, Inc., 201 Mission Street, Suite 1380, San Francisco, CA 94105, Attn: Legal. You may send MuleSource your contributions via email to community@mulesource.com. Please read this Contribution Agreement carefully before signing, and keep an original for your records. If you have questions about these terms, please contact us via email at community@mulesource.com.

The "Contribution" means all of Contributor's past, present and future contributions of object code, source code, documentation and any other contribution Contributor makes to MuleSource (however submitted to MuleSource).

This Contribution Agreement is made and entered into by and between Contributor and MuleSource. Any Contribution by Contributor will be made under this Contribution Agreement.

1. Contributor assigns ownership of the Contribution to MuleSource. In consideration for the potential inclusion of the Contribution in a MuleSource product and for the license back to Contributor set forth in Section 4 below, Contributor hereby irrevocably and exclusively grants, assigns and transfers to MuleSource, its successors, assigns and nominees, all right, title and interest worldwide in and to the Contribution and all works of authorship and inventions embodied therein, including without limitation all intellectual property rights, including, but not limited to, copyrights, patents, trademarks, trade secrets and moral rights in the Contribution. Contributor agrees that this assignment may be submitted by MuleSource to obtain patents, mask work registrations, copyright registrations and otherwise to protect MuleSource's ownership in the Contribution and any and all related inventions and works of authorship in any country.

2. Contributor agrees to take further actions. Contributor shall take such reasonable actions as may be requested by MuleSource, if any, to perfect the assignment of the Contribution as stated herein, including, but not limited to signing any necessary documents. In the event that MuleSource is unable for any reason, after reasonable effort, to secure Contributor's signature on any document needed in connection with the actions specified in this Section 2, Contributor hereby irrevocably designates and appoints MuleSource and its duly authorized officers and agents as Contributor's agents and attorneys-in-fact, to act for and on its behalf to execute, verify and file any such documents and to do all other lawfully permitted acts to further the purposes of this Section 2 with the same legal force and effect as if executed by Contributor.

3. Contributor agrees to waive its rights vis-à-vis MuleSource. If Contributor has any rights to the Contribution that cannot be assigned including, without limitation, any moral rights or the equivalent thereof, Contributor hereby unconditionally and irrevocably: (a) waives enforcement worldwide of such rights against MuleSource, its subsidiaries, and licensees and any of their officers, directors, stockholders, agents and employees; (b) waives and quitclaims to MuleSource any and all claims and causes of action of any kind against MuleSource, its subsidiaries, and its licensees (through multiple tiers), and any of their officers, directors, stockholders, agents and employees, with respect to such rights, and agrees, at MuleSource's request and expense, to consent to and join in any action to enforce such rights; and (c) grants to MuleSource during the term of such rights, an exclusive (even as to Contributor), irrevocable, perpetual, worldwide, fully paid and royalty-free license, with rights to sublicense through multiple tiers of sublicensees, under and to all of such rights to the Contribution. These rights are assignable by MuleSource.

4. MuleSource grants Contributor a license to use the Contribution. MuleSource grants to Contributor a non-exclusive, perpetual, irrevocable, worldwide, royalty free, transferable license to reproduce, prepare derivative works of, distribute (internally and externally, in object code and, if included in the Contribution, source code form), make, use, sell, offer for sale, publicly perform and publicly display the Contribution, with the right to sublicense all of these rights through multiple tiers of sublicensees. For the avoidance of doubt, this license is limited to the Contributions in the form submitted by Contributor and does not include any rights to MuleSource products.

5. Contributor is able to grant MuleSource these rights. Contributor represents and warrants that Contributor is legally entitled to grant the above assignment and other rights granted above and that by assigning the Contribution to MuleSource or granting such other rights, Contributor is not violating any law, breaching any contract, or infringing upon the rights of any person or entity. Contributor represents and warrants that: (a) the Contribution is Contributor's original work of authorship, and to Contributor's knowledge, no other person claims, or has the right to claim, any right in any invention or patent related to the Contribution, (b) Contributor has not made any registration of intellectual property rights in the Contribution, and (c) the Contribution does not incorporate and is not derived from any third-party intellectual property (including any other computer code, libraries or other materials obtained from any other source or any open source code). If Contributor's employer has rights to intellectual property that Contributor creates, Contributor represents and warrants that Contributor has received permission to make the Contribution on behalf of that employer, or that Contributor's employer has waived such rights for the Contribution. Contributor represents and warrants that the Contribution shall be free of any: ( i ) viruses, worms, time bombs, Trojan horses or other harmful, malicious or destructive code and ( ii ) software disabling devices, time-out devices, counter devices and devices intended to collect data regarding usage of the software without the knowledge of MuleSource.

*6. MuleSource determines the code that is in Mule. *Contributor understands that the decision to include the Contribution in any product or source repository is entirely that of MuleSource, and this agreement does not guarantee that the Contribution will be included in any product. Contributor further acknowledges that Contributor shall not be entitled to any royalties, license fees or other payments of any type with respect to any use, distribution or other exploitation of any type by MuleSource of any Contribution.

7. General Terms. In the event that any of the provisions of this Contribution Agreement shall be held illegal or unenforceable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that this Contribution Agreement shall otherwise remain in full force and effect. This Contribution Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. Unless waived by MuleSource in its sole discretion, the jurisdiction and venue for any action arising out of or relating to the subject matter of this Contribution Agreement shall be the California state and United States federal courts located in San Francisco, California, and both parties hereby submit to the personal jurisdiction of such courts. This Contribution Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. The prevailing party in any action to enforce this Contribution Agreement shall be entitled to costs and attorneys' fees. No waiver or modification of this Contribution Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of each party and no failure or delay in enforcing any right will be deemed a waiver. MuleSource may assign this Contribution Agreement to any party without the consent of Contributor.