7 Did the organization previously apply for rrecognition of exemption under this Coda section or under any ............................................................... offie? section of the Code? a Yes [^ NO

I f "Yes." attach an explanation. ........................... 8 Is the organization reouired to file Form 990 (or form 9@0-~2}?. MA g] Yes No

OM6 NO. 1545-005B

bdÇta /faxamp! S ! Q ~ S is approvsd, 1 ~ : spp/t'Wlhn wi'i! be open fyf ,6ub;ic imp BCliw.

1023 P m (ROT Sapismbet 1998)

GepBrtrncnI d Ilia Tieaaq htm! Rt~tnua Sendce

Lincoln, NE 68508 1e Web site address

If "No," attach an expianation ( s e ~ page 3 of the Specific Instructions). ........ 9 Has the organization filed Federal income tax returnsor exempt organization information returns?. Yes [xj No

Application for Recognition of Exemption Under Section 501 (c)(3) of the Internal Revenue Code

March 26,1999 6 Check here If applying under section;

If "fe~," state the form numbers, years filed, and !rrternat Revenue office where filed.

Return will be file by due date of return, September 15,200k

Read the instructions for each Part carefully. A User Fee must ba attached to this application,

If the required Information and appropriate documents are not submitted along with Form 8718 (with payment of the appropriate userfee), the application may be returned to you,

Complete the Procadural Checklist on page 8 of the Instructions.

Identification cif Applicant

~ttp://www,apache.ow/ aa501(e) bQsoi(f) cQ(501(k) dasoi(n1

10 Check the box for the type of organization. ATTACH A CONFORMED COPY OF THE CORRESPONDING ORGANIZING DOCUMENTS TO THE APPLICATION BEFORE MAlUNG. (See Specific Instructions for Part 1, Line 10, on page 3.) See also Pub, 557 for examples of organizational documents.)

a Corporation -Attach a copy of the Articles of Incorporation (including amendments and restatements) shewing approval by the appropriate state official; also include a copy of the bylaws.

2 Employer idantifidion number (EIN) (If none, sw page 3 of ths Specifi t instructions.)

47-0825376 3 Name and telephone number of person

to be contacted If additional information is needed

Ryan Lindsay W2} 441-5710 4 Month the annual accounting period ends

April 3 0 5 Date incoipoi'ated or formed

1a Full name of organization (as shown in organizing document)

The Attache Software Foundation 1b cfo Name (if applicable)

b a Trust - Attach a copy of the Trust indenture or Agreement, including all appropriate signatures and dates.

1c Address (number and street)

1200 "N" Street, Suite 102

c a Association -Attach a copy of the Articles of Association. Constitution, or other coating document, with a declaration ($ee Instructions) of other evidence the organization was formed by adoption of the document by more than one person; also include a copy of the bylaws.

Room/Suite

If the organization is a corporation or an unincorporated association that has not yet adopted bylaws, check here à ̂ a I deciara under the penalties of ~erjurythat t am a'JlbgrtzBd to sign tnis ~~piicatfm on behalf of ha abow orgsfll~tton and that I have exam'nnd thi's applicgUon. indudin0

ft6 aeeampanylng ~chad'~les and attachments, w d to tho best of my Imowiftrige it Is ha. mrres!, and comptete.

I d City, town, or post office, stat@, and ZIP + 4. If you have a foreign address, see Spscifn; Instructions for Part 1, page 3.

Please

For Papwork Reduction Act Notiw, see page 7 of the Instruedons. IS A aTFPHKI2gF.t

O w m l 0 7 : 1 4 B 4 0 2 4 2 3 4348 HBE CPA' s @I (105/012

~ n r m ? a n (m a-aa) Pwe 2

1-1 Activities and Opemtiona\ Infomation

1 Provide a detailed narrative description of all the activities of the organization - past, presort, and planned. Do not merely refar to or repeat the language in the organizational document. List each activity separately in the order of importance based on the relative time and other resources devoted to the activity. Indicate the percentage of tima for each activity'. Each description should include, as a minimum, t5e following: (a) a detailed description of the activity including its purpose and how each activity furthers your exempt purpose; (b) when the activity was or wlil be initiated; and (c) where and by whom the activity wilt be conducted.

The Apache HTTP Server Project is an effort to develop and maintain an open-source HTTP server software product for various modern desktop and server operating systems. The goal of this project is t o provide a secure, efficient and extensible server that provides HTTP services in sync with the current HTTP standards.

The goals of the Apache XML Project are; to provide cowxaercial-qualtty standards-based XML solutioiis that are developed in an open and cooperative fashion, to provide feedback to standards bodies (such as 1ETF and W3C) from an implementation perspective, and to be a focus for XML-related activies within Apache projects This project has been seeded with ~ i ~ c a n t code contributions from a number of individuals and companies.

The Fouadation was formed to provide à source for open, collaborative software development projects by supplying hardware, communication and business infrastructure; to create an independent legal entity to which individuals can donate resources and be assured that those resources will be us& for the public benefit; and to provide a. means for individual volunteers to be sheltered from legal suits directed at the Foundations projects. The Foundation seeks to be classified under the scientific purposes of Section 501(c)(3) RS the orga&izatioa is using Its research for the public benefit through the open-source software it develops and sponsors.

The activities of the Foundation were officially initiated in May of 1999. Contributions have been received from the general public to support the efforts described above. In the Spring of 2000, the Foundation sponsored a conference to further the efforts of the Foundation in developing the opm-source software. AH activities to date have been performed by volunteer members and officers of the organization. In the future, the Foundation hopes to titre employees to handle the administration of the Foundation activities.

2 What are or will be the organization's sources of financial support? List in order of size. The sources of the organization's support are individuals and businesses interested in the continued devdopnient of the open-source Apache software through the contribution of cash and other support. In addition, the Foundation also sponsors conferences to farther the progress of the organization's activities.

3 Describe the organization's fundraising program, both actual and planned, and explain to what extent it has been put into effect. Includu details of fundraising activities such as selactive mailings, formation of fundraising cornmittem, use of volunteers or professional fundraisers, etc, Attach representative copies of solicitations for financial support.

Tha Foundation's fundraising is conducted formally through the use of the internet web site of the Foundation. Contributors are able to make contributions through tins site. In addition, the site provides i d o m t i o n on the activities of the organization and how to contact the orgaBuationi Users of the open-source software also learn of the orgabbation through the promotion of the Foundatiou through its conferences and work of its members. No solicitation materials are used at this tune. 3TF FEDS129P.2

FOWI i oz i (fev. a-aa) Page 3

[=I A~tlvitles and Op~rational In$ormation {Continued)

4 Give the following infomatlon abwt ths organizgtiort's govemirtg body: a Names, addresses, and titles of officers, directors, trustees, etc. b Annual compensation See attached. no paid to board menobet.

c Do any of the above persons serve as tnembere of this governing body by reason of being public officials or ........................................................ being appointed by public officials? {^ NO If ¡Yes, name those persons and explain the basis of their seldon or appointment.

d Are any members of the organization's governing body udisquulified personsn with respect to tha organization (other than by reason of being a member of the governing body) or do any of the members have either a business or family relationship with "disqualified parsons'? (See Specific InstmctTons ft"" Part It, Line 4 4 onpages.) ...................................,.................,..................... a Y e s [ S N o If Yes," -lain.

- .......................... 5 Does the organization control or is it controlled by any other organization?. a Yes [g No

1s the organization the outgrowth of (or successor to) another organization, or does it have a special relationship with another urganfeatlon by reason of Interlwktng directorates or other factors? . . . . - . . . . . . . . 0 Yes g ] No If either of these questions is answered "Yes," explain.

- 6 Does or will the organization directly or indiredy engage in any of the following transactions with any political

organlasttlon or othar ewmpt organization (other than a 501(c)(3) organization): (a) grants; (4) purchases or sales of assets; (c) rental of facititiss or equipment; (d) loans or loan guarantees; (e) reimbursement arrangements; (ft performance of services, membership, or furniraising solicitations: ur (g) sharing of facilities, ..................................... equipment, mailing lists or other,assets, or paid employees? Yas [¤ No If "Yes," explain fully and identify the other organizations invotved.

.............................. 7 Is the organization financially accountable to any other organization?, 0 Yes 53 No If "Yes, explain and identify the other organization- Iftduds details concerning accountability or attach copies of reports if any have been submitted.

Kinn 1023 (Ftev 9-98] page 4

r x \ Activities and Operational Information (Continued) *

8 What assets does the organization have that are used in the performance of its exempt function? (Do not include property prodvcing investment income.) If any assets are not fully operational, explain their status, what additional steps remain to be completed, and when such f ind steps will be taton- !f none, indicate *N/A."

At the present time, the only asset of the organization is cash.

9 Will the organization be the beneficiary of tax-exempt bond financing within the next 2 years? .... ,. ...... Q Yes ( ̂No - lOa Will any of the organization's facilities or operations be managed by another organization or individual under ............................................................... a contractual agreement?. Q Yes ( ̂No

................................................... b is the organisation a party to any leases?. Yes @ NO If either of these questions is answered "Yes." attach a copy of the contracts and explain the relationship briween the applicant and the other parties.

.............................................. 'll Is the organization a membership organization?, Q Yes (̂ NO !f "Yes," complete the following:

a Describe the organization's membership requlremente and attach a schedula of membership fees and dues.

b Describe the organization's present and proposed efforts to attract members and attach a copy of any descriptive literature or promtutorial materiel used for this purpose,

e What benefits do (or will) the members receive in exchange for their payment of dues?

12a If the organization provides benefits, services, or products, are the recipients required, or will they be ...... ................................................ required, to payforthem? ;. 0 NIA 5 Yes (11 No

I f "Yes," -lain how the char~es are determined and attach a copy of the current fee schedule.

b Does or will the organization limit its benefits, services, or products to specific individuals or classes ................................................................. of individuals? WA yes S] NO If "Yes," explain how the recipients or beneficiaries are or will be selected.

.................................... 13 D o e or will the organization attempt to influence legislation?. 0 Yes [3 No If "Yes," explain. Also, give an estimate of the percentage of the organization's time and funds lhat it devotes or plans to dm& to this activity.

14 00s or will the organization Intervene in any way in political campaigns, including the publication or ............................................................... distribution of statements? a Yes Px) No

If "Yes," explain fully.

pm 1 023 (RW. baa} page 5

Technical R~quiwments

1 Are you filing Form 1023 within 15 months from the end of the month in which your organization was .................................................................... created or formed?. n Yes Q NO

I f you answer "Yes," do not answer questions on lines 2 through 6 bdow. 2 If ana of the excsptions to the 15-month filing requirement shown below applies, check the appropriate box and proceed to

question 7.

Exceptions -You are not required to file an exemption application within I S months if the organi^atiM:

a a la a church, interchurch organization of focal unite of a church, a convention or association of churches, or an integrated auxiliary of a church. See Specific Instructions, Line Za, on page 4;

b Is not a private foundation and normally has gross receipts of not more than $5,000 in each tax year; or

c Is a subordinate organization covered by a group exemption latter, but only if the parent or supervisory organizatfon timely Submitted a notice covering the subordinate,

3 If the organization does not meet any of the exceptions on line 2 above, are you filing Form 1023 within 27 ................... months from b e end of the month in which the organization was created or fonnfid? [^ Yes No

If "Yes," your organization quaiifis under Regulation section 301-9100-2, for an automatic 12-month extension of the 15-month filing requirement. Do not answer questions 4 through 6.

if "No: answer question 4,

4 if you answer "Noa to question 3, does the organization wish to request an extension of time to appiy under the. "reasorssble action and good faith" and the "no prejudice to the lntsrest tif the government" requirements ........................................................ of Regulations section 301 .91 00.3? a Yes No

If "Yea," give the reasons for not filing this application within the 27-month period described in question 3. See Specific Instructions, Part 1!1, Lihe 4, before completing this item. Do not answer questions 5 and 6.

If "No,' answer questions 5 and 6. 5 If you answer "No90 question 4, your organisation's qualification as a section 501 (c)(3) organization can be

recognized only from the date this application Is fited. Therefore, do you want us to consider the application as a request for cecognitiun of exemption as a section 501 (c)(3) organization from the date the application is ..................... received and not retroactively to the date the organization was crested orformed7 a Yes No

6 If you answer "Yes" to question 5 abovo and wish to request recognition of serilon 501(c}(4) status for the period beginning with the date the o r g a n i ~ i i ~ n was formed and onding with the dais the Form 1023 application was received (the effective date of the organization's section 501 (c){3) status), check here Q and attach a completed page 1 of form i024 to this application.

Form 1023 (Rfcv. M a ) pages

-1 Technhl Requirements (Cantinuad)

7 Is the organization a private foundation? ["I YQA (Answer question 6,) a No (Answer question 9 and proceed as Instructed.) -

8 if you answer "Yes" to question 7, does the organization claim to be a private operating foundation? Yes (Compkte Schedule E.)

a No

After answering question 8 on this line, go to tine 14 on page 7. 9 If you answer "No' to question 7, indicate the public charity classification the organization la requesting by checking the box

below that m a t appropriately applies:

THE ORGANIZATION IS NOT A PRIVATE FOUNDATION BECAUSE IT QUALlFl ES;

a Q As a church or a fionvwtion or association of churches Sections 509(a)(1) (CHURCHES MUST COMPLETE SCHEDULE A*) and 'I 7O(b){l )(A)(!)

Sections 509(a)(1) b As a school (MUST COMPLETC SCHEDULE B.) and 170(b)(I)(A)(ii)

e iJ As a hospital or cooperative hospital service organization, or a medical rasearch organization operated in coni~in~on with a Section? 509(a)(1) hospital (These ~rganizations, except for hospital service and l70(b5(1 )@)(ill) organizations, MUST COMPLETE SCHEDULE C.)

Sections 509(a)(1) d As a governmentel unit described in section l7Q(c)(l). and 170(b)(1)(A)M

B (-1 As being operated solely for the benefit of, or in connection with, one or more of the organizations described in a through d, g, h, or I (MUST COMPLETE SCHEDULE 0.) Section 509{a)(3)

f As being organized and operated exclusively for testing for pubilc safety, Section 509(a)(4)

g 0 A? being operated for the benefit of a college or university that is Sections 508(a)(l) owned or operated by a governmental unit. and l7Q(b)(1)(A)(vi)

h [3 As receiving a substantial part of its support in the farm of contributions from publicly supported organizations, from a Sectiorta 509(a)(1) governmental ucit, or from the general public. and %70(b)(1)(A)(vi)

i As normaily receiving not more than one-thlrti of its support from gross investment income and more thsn one-third of its support from contributions, membership fees, and gross receipts from acitvitres related to its exempt functions (subject to certain exceptions). Section 509(a)(2)

j a Tha organization is a publicly supported organization but is not sure Sections 509(a)(I) whether it meets the public support test of h or i. The organization and 170(b){ 1)(A)(v)) would like the 1RS to decide the proper classification, or Seci'on 509(a)f2)

If you checked one ofthe boxas a through f in questipn 9, go to question 14. If you tthe~bd box g In question 9, go to questions 11 and 12.

If you checked box h, 1, or j, in question 9, go to question 10,

10 If you checked box h, i, or j In question 9, has the organ'nstiort completed a tsx year of at least 0 months? [vl Yes -" Indicate whether you are requesting:

A definitive ruling. (Answer questions 11 through 14.) [xl An advance ruling. (Answar questions 11 and 14 and attach two Forms 872-C completed and signed.) No --You must request an advance ruling by completing and signing two Forms 8724 and attaching them to the Form 1023.

11 I f the organization received any unusual grants (luring any of the tax years shown in Part IV-A, Statemant of Revenue and Expenses, attach a list for each year showing the name of the contributor, the date and the amount of the grant; and a brief description of the nature of ?9 grant.

None

12 If you are requesting a definitive ruling under section 170(b)(I)(A)(iv) or (vi), che& here b Q and;

.......................................... a E~r2%ofilne8,column(e),Total,ofPartIV-A. b Attach a list showing the name and amount contributed by sach person (other than a governmental unit or "publldy supported"

organization) whose total gifts. grants, contributions, etc., were more than the amount entered on line 12a above. 13 If you are requesting a definitive ruling under section 509(a)(2), check here b a and;

a For each of the years included on lines 1,2, and 9 of Part IV-A, sttach a list showin9 the name of and amount received from each "disqufiiified person." (Fw a definition of "disquaiififici person," see Specific Instructions, Part II, Line 4d, on page 3.)

b For each of the years induded on line S of Part IV-A, attach a list showing the name of and amount r~ceived from each payer (other than a "disqualified person") whose payments to #E organization were more than $5,000. For this purpose, "payer" includes, but is not limited to, any organization described in sections 1?0(b)(?)(A)(i) through (vi) and any governmental agency

.......................................................... Is the orgartlzation a church?

la the organlzatian, or any part of it, a school? .............................................

.................. Is the orQanlzation, or any part of it, a hospital or- medical research organization?

............................... l$ the organization a section 509(a}(3) supporting organization?-

or bureau.

......................................... Is the organization a private operating foundation?.

....................... Is the organization, or any part of it, a home for the aged or handicapped?.

14 Indicate ff your organization is one nf the following. If so, complete the required schedule, (Submit only those schedules that appty to your organization. Do not submit blank schaduSes.)

................................ Is the organization, or any part of it, a child care organization?.

~f "YW,~ cornpfeta Schedule;

YBB

Does the organization provide or administer any scholarship benafits, student aid, etc.7 . . . . .--.... . . Has the organization taken over, or will it take over, tha facilities of a "for profit" institution? ...........

Hb

x

X

H

1

I

Form 1023 { ~ e v , 9-6fl) page 8

-1 Financial Data

Complete the financial statements for the currant y w and for each of the 3 years IrnmedlatQly befom it. I f in existence less than 4 ears. mmalete the statements for each year h existence. If In existencu IBSS than 1 year, aka provide proposed budgats for the 2 p a r s following the current year.

A. Statemant of Revenue and Expenses 1 Current 3 prior tax years or proposed budget for 2 years 1

tax year

1 G i h , g m s , and wnkibutions '

(a) ~ o r n 5/99 (b) W O O 0 (c) 5~112001 (d) (e) TOTAL received (not Including unusual 4/30/00 grants - see page 6 of the ,

4/30/2001 4/30/2002

instructions). 45,278 75,000 95,000 1 ................ 215,278

. . . . . . 2 Membership fees received I

3 Gross investment income (see instructions for definition) 305 500 500 1305 . . . . . . .

A Net income from oraanization's . - -

unrelated business activities not ............ included on fine 3 Ã Tax revenues levied for and either

paid to or spent on behalf of the organization ................

S Vaiue of services or fadli ties furnishad by a governmental unit to the organization without charge (not intiuding the value of sen/leas or faciiities generally furnished the ........ public without charge).

7 Other Income (not including gain of toss from sale of capital assets) ............ (attach schedule)

8 Total (add lines 1 through 7 ) . .., 9 Grosa receipts from admissions,

saies of merchandise or sewtees, or furnishing of facilities In any activity that is not an unrelated business within the meaning of s e d ~ n 51 3. Include relatedcost

........... of sales on line 22. 45,583 \ 75.500 1 95.500 216,583 ..... 10 Total (add lines Band 91.. [

11 Gain or loss from sale of capital . . . . . . . assets (attach schedule), .............. 12 Unusual grants I

13 Total revenue (add lines 10 through 12). . . . . . . . . . . .+..a. 45,583 75-500 95.3 00 '

216,58: $@R$2gg$T$$.$;

14 Fundraising expenses.. ....... ,Lt~.i..'-.b 1 . 8 , w ,,i. $-.-,. i' ,+,yx-.+r+ . ,.A -Â¥... P: j

15 Contributions, gifts, grants, and kg&@.?*,; A. .+ hP+#";+.? is**,

similar amounts paid (attach ,̂*:*l.y/;... ,f't'lUff 10,000 20,000. >>+L " ~ - L 4 . - f i , . . ~ . + : ~ G ~ schedule) ................... ,.-, ~~-fi-3,~~1?+;:~~.'fiÂ

;?Jc',̂ -̂̂ ̂ Â

16 Disbursements to or for benefit of . ; ~ ( l % ~ ~ ~ ~ ? h ~ ,+ ,b<->.-. ...... -4 -A ,I

members (attach schedule). . . .

20 Occupancy (rent, utilities, eta.) . . 21 Depreciation and depletion . . . .

....... 22 Other (attach scheduie) 23 Total expenses (arid lines 14

through 22). . . . . . . .*.. .". . . .

Financial Data (Continued) - Cumnt tax year B. Balance Sheet (at the end of the period shown) o a i e m f l

1 1 Assets

1 Cash ....................................................................... ........................................................ 2 Accounts receivable, net

.............................................................. 3 If iventori~s,, , , ,

....................................... 4 Bonds and notes receivable (attach schedule)

................................................ 5 Cotporats stocks (attach schedule)

................................... 8 Depreciable and depletable assets (attach schedule]

9 Land ....................................................-.................. ................................................... 10 Othar assets (attach schedule),

........................................ 11 Total assets (add Sines 1 through 10

Liabilities

...................................... 14 Mortgages and notes payable (attach schedule).

............................................ 3 Contributions, gifts, grants, dc., payable

.................................................. 15 Other liabilities (attach echdute)

19 1 I

.................................... 16 Total liabilities (add lines 12 through 15).

Fund Balances or Net Assets I I

If there has been any substanlia! change in any aspect of the organization's financial activities since the end of the period shown -