Contributor License Agreement

You accept and agree to the following terms and conditions for Your present and future
Contributions submitted to Caffeine, Inc. (“Caffeine”). Except for the license granted herein to
Caffeine and recipients of software distributed by Caffeine, You reserve all right, title, and interest in
and to Your Contributions.

1. Definitions.
“You” (or “Your”) shall mean the copyright owner or legal entity authorized by the copyright
owner that is making this Agreement with Caffeine. For legal entities, the entity making a
Contribution and all other entities that control, are controlled by, or are under common control with
that entity are considered to be a single Contributor. For the purposes of this definition, “control”
means (i) the power, direct or indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares,
or (iii) beneficial ownership of such entity.
“Contribution” shall mean any original work of authorship, including any modifications or
additions to an existing work, that is intentionally submitted by You to Caffeine for inclusion in, or
documentation of, any of the products owned or managed by Caffeine (the “Work”). For the
purposes of this definition, “submitted” means any form of electronic, verbal, or written
communication sent to Caffeine or its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, and issue tracking systems that are managed
by, or on behalf of, Caffeine for the purpose of discussing and improving the Work, but excluding
communication that is conspicuously marked or otherwise designated in writing by You as “Not a
Contribution.”

2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You
hereby grant to Caffeine and to recipients of software distributed by Caffeine a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce,
prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your
Contributions and such derivative works.

3. Grant of Patent License. Subject to the terms and conditions of this Agreement, You
hereby grant to Caffeine and to recipients of software distributed by Caffeine a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section)
patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable by You that are necessarily
infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to
which such Contribution(s) was submitted. If any entity institutes patent litigation against You or
any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your
Contribution, or the Work to which you have contributed, constitutes direct or contributory patent
infringement, then any patent licenses granted to that entity under this Agreement for that
Contribution or Work shall terminate as of the date such litigation is filed.

4. You represent that you are legally entitled to grant the above license. If your employer(s)
has rights to intellectual property that you create that includes your Contributions, you represent that
you have received permission to make Contributions on behalf of that employer, that your employer
has waived such rights for your Contributions to Caffeine, or that your employer has executed a
separate Corporate Contributor License Agreement with Caffeine.

5. You represent that each of Your Contributions is Your original creation (see section 7 for
submissions on behalf of others). You represent that Your Contribution submissions include
complete details of any third-party license or other restriction (including, but not limited to, related
patents and trademarks) of which you are personally aware and which are associated with any part of
Your Contributions.

6. You are not expected to provide support for Your Contributions, except to the extent You
desire to provide support. You may provide support for free, for a fee, or not at all. Unless required
by applicable law or agreed to in writing, You provide Your Contributions on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied,
including, without limitation, any warranties or conditions of TITLE, NON- INFRINGEMENT,
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

7. Should You wish to submit work that is not Your original creation, You may submit it to
Caffeine separately from any Contribution, identifying the complete details of its source and of any
license or other restriction (including, but not limited to, related patents, trademarks, and license
agreements) of which you are personally aware, and conspicuously marking the work as “Submitted
on behalf of a third-party: [named here]”.

8. You agree to notify Caffeine of any facts or circumstances of which you become aware
that would make these representations inaccurate in any respect.