Salesforce.com 2005 Annual Report Download - page 140

17. MISCELLANEOUS PROVISIONS.
17.1 Repurchase Rights. Shares issued under the Plan may be subject to one or more repurchase options, or other conditions and restrictions as
determined by the Committee in its discretion at the time the Award is granted. The Company shall have the right to assign at any time any repurchase right it
may have, whether or not such right is then exercisable, to one or more persons as may be selected by the Company. Upon request by the Company, each
Participant shall execute any agreement evidencing such transfer restrictions prior to the receipt of shares of Stock hereunder and shall promptly present to the
Company any and all certificates representing shares of Stock acquired hereunder for the placement on such certificates of appropriate legends evidencing any
such transfer restrictions.
17.2 Provision of Information. Each Participant shall be given access to information concerning the Company equivalent to that information
generally made available to the Company's common stockholders.
17.3 Rights as Employee, Consultant or Director. No person, even though eligible pursuant to Section 5, shall have a right to be selected as a
Participant, or, having been so selected, to be selected again as a Participant. Nothing in the Plan or any Award granted under the Plan shall confer on any
Participant a right to remain an Employee, Consultant or Director or interfere with or limit in any way any right of a Participating Company to terminate the
Participant's Service at any time. To the extent that an Employee of a Participating Company other than the Company receives an Award under the Plan, that
Award shall in no event be understood or interpreted to mean that the Company is the Employee's employer or that the Employee has an employment
relationship with the Company.
17.4 Rights as a Stockholder. A Participant shall have no rights as a stockholder with respect to any shares covered by an Award until the date
of the issuance of such shares (as evidenced by the appropriate entry on the books of the Company or of a duly authorized transfer agent of the Company). No
adjustment shall be made for dividends, distributions or other rights for which the record date is prior to the date such shares are issued, except as provided in
Section 4.3 or another provision of the Plan.
17.5 Fractional Shares. The Company shall not be required to issue fractional shares upon the exercise or settlement of any Award.
17.6 Severability. If any one or more of the provisions (or any part thereof) of this Plan shall be held invalid, illegal or unenforceable in any
respect, such provision shall be modified so as to make it valid, legal and enforceable, and the validity, legality and enforceability of the remaining provisions
(or any part thereof) of the Plan shall not in any way be affected or impaired thereby.
17.7 Beneficiary Designation. Subject to local laws and procedures, each Participant may file with the Company a written designation of a
beneficiary who is to receive any benefit under the Plan to which the Participant is entitled in the event of such Participant's death before he or she receives
any or all of such benefit. Each designation will revoke all prior designations by the same Participant, shall be in a form prescribed by the Company, and will
be