Salesforce.com 2008 Annual Report Download - page 102

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7. Supplies and Miscellaneous Goods and Services. Neither the Foundation nor the Enterprise shall be required to reimburse SFDC for normal use of office
supplies or other miscellaneous consumable goods and services, including supplies and expenses relating to incidental printing and mailing. The Foundation
and the Enterprise shall each bear their own expenses for creating and distributing specialized marketing materials, mass mailings, and messenger and express
delivery services.
8. Travel and Transportation. Each Party shall separately bear its own travel and transportation expenses. Expenses relating to travel or transportation by
employees, contractors, or volunteers where work is performed on behalf of both parties shall be allocated to each Party in proportion to the hours of work
performed on the trip by the traveler, for that Party, as compared to the total number of hours of work performed on the trip by the traveler.
9. Telecommunications. Neither the Foundation nor the Enterprise shall be required to reimburse SFDC for use of network and telecommunications
equipment and facilities licensed or owned by SFDC, including networking equipment, software, bandwidth, ISP and hosting services, and the like. However,
for tax and accounting purposes, the fair share of expenses relating to the use of such equipment and facilities by the Foundation and the Enterprise shall be
calculated, from time to time and at SFDC's discretion, by multiplying the total cost to SFDC of use of such equipment and facilities by the Foundation and
Enterprise Ratio.
10. Tracking, Billing and Payment. SFDC shall be responsible for tracking, calculating, allocating, and billing any amounts that may be charged to the
Foundation or the Enterprise under this Agreement.
11. Term and Termination. This Agreement shall continue until terminated by either party with thirty (30) days prior written notice.
12. Confidentiality.
(a) Definition of Confidential Information. As used herein, "Confidential Information" means all confidential information of a party hereunder
("Disclosing Party") to which another party hereunder (a "Receiving Party") may have access through the sharing of resources contemplated hereunder,
whether such information is in oral, written or electronic form. Confidential Information shall include, without limitation, information and data concerning or
being held for a party's customers or employees ("Customer and Employee Data"). However, Confidential Information (other than Customer and Employee
Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,
(ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is
received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
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