1. GENERAL INFORMATION
Information on the registration and participation to the CERN Entrepreneurship Student Programme (“CESP”) are laid out in these terms and conditions ("Terms and Conditions"). By applying to CESP (as defined below), the Applicant and/or Participant (as defined below) accepts to be bound by these Terms and Conditions.
CESP is organized by the European Organization for Nuclear Research, an Intergovernmental Organization, an Intergovernmental Organization with its seat at CH-1211, Geneva 23, Switzerland (“CERN”).
CERN retains the right to change, supplement, add or remove provisions from these Terms and Conditions.
The following terms will have the following meaning in these Terms and Conditions:
"CESP" means the program called "CERN Entrepreneurship Student Programme" organized by CERN and hosted at CERN.
An "Applicant(s)" means any individual student that files an online application requesting to participate to CESP.
A “Participant(s)” means an Applicant(s) that is selected by CERN to be part of CESP, in accordance with the criteria and selection process as mentioned below.
“Registration Period” means the period in which an Applicant can send in his or her online application for CESP.
"Results" means any work product created by a Participant during CESP, including but not limited to work products that integrate data, technologies and/or materials provided and/or owned by CERN.
“Startup Company” is an entrepreneurial venture in the first stage of its operations, which is typically a newly emerged, fast-growing business that aims to meet a marketplace need by developing or offering an innovative product, process or service.
3. CESP SELECTION PROCESS
Within a reasonable time after the end of the Registration Period, CERN will select among Applicants the Participants to CESP.
This selection process will be based on: (i) the Applicant’s CV, (ii) academic transcript, (iii) motivation letter (iv) two reference letters to be provided by the Applicant, and (v) completed questionnaire.
CERN will notify the Applicants that have not been selected within a reasonable time after the selection process is terminated.
4. ELIGIBILITY CRITERIA
In order to be eligible to participate to CESP, Applicants must fulfil the following eligibility criteria:
- remain registered (at institute/university) as a Master's student during CESP;
- be enrolled in a Master's programme ideally focused on entrepreneurship or similar (if not, the application should clearly elaborate on other activities and initiatives that give the Applicant the relevant experience and/or knowledge within entrepreneurship), while Applicants preferably have a strong technical background;
- be over 18 years old;
5. COMMITMENTS BY PARTICIPANTS
Each Participant agrees:
- to abide by all the rules stated in these Terms and Conditions;
- to fulfil any visa and/or entry requirements required by Switzerland and France as applicable;
- to release and hold harmless CERN, its employees and agents from any and all liability or any injury, loss or damage of any kind, arising from or in connection with its participation to CESP. The Participant is responsible for payment of all any taxes and any other liabilities arising from the participation in CESP or any part thereof;
- that all CERN's decisions are final and binding on all matters related to CESP;
- that any photo or video containing his/her likeness or voice, as may be shot or filmed during or submitted to CERN in relation with CESP, may be published by CERN, in part or in full, with or without stating the Participant's name, on any (social) media, at CERN's sole discretion. This authorization is valid worldwide;
- to produce, as deliverables during his or her participation to CESP, (i) a feasibility study, (ii) a Commercialisation plan, (iii) a prototype (if appropriate), (iv) a Final presentation of the project undertaken during CESP, and (v) a blog post, either alone or in collaboration with other Participants;
- that CERN may quote his or her work for communication purposes.
Each Participant shall ensure that he or she has health and accident insurance cover that is adequate for the CERN region (Switzerland/France).
6. FINANCIAL CONDITIONS, COSTS
CERN will bear reasonable costs of accommodation (including vouchers for food and beverage consumptions) and travel expenses (in the form of a lump sum reimbursement of travel costs, of which the amount varies depending on a Participant’s place of residence) for each Participant.
These Terms and Conditions prevail over any other terms that would apply between the Participant and CERN in matters of financial compensation, including the general terms of the Short-Term Internship Programme at CERN. It is especially important to note that Participants will receive no remuneration from CERN for their participation to CESP.
7. INTELLECTUAL PROPERTY
By participating in CESP, Participants represent and warrant that they will not present or use content that is copyrighted, protected by trade secrets or otherwise subject to third party intellectual property rights or other proprietary rights unless they are the owner of such rights or have permission from their rightful owner to present or use the content and to grant CERN the necessary rights thereto as mentioned below.
It is recommended to only use third party works that are licensed through an open source (for software), open hardware (for electronics), or creative commons license (for all other works).
- Results remain the intellectual property of the Participant that develops it. For the avoidance of doubt, any data, technology or material provided by CERN during CESP shall remain the sole property of CERN and the Participants shall not have any rights in such data, technology or material. Participants are only entitled to use such data, technology or material for the purposes of CESP and shall not use it beyond this scope, unless they have concluded a separate license agreement with CERN; this also applies in cases where Participants have integrated the data, technology or material in their Results.
Each Participant hereby grants CERN an irrevocable, non-exclusive, royalty-free license to use the Results for its internal, non-commercial purposes. Participants expressly authorize CERN, to publish, to communicate, to expose and to disclose, divulgate and represent the Results verbally, graphically or in writing, in any medium worldwide and without restrictions in time, and by any means, either present or future, free of charge, in relation to CESP.
Participants shall ensure that the Results do not infringe in any manner or induce infringement of any third party intellectual property rights. Each Participant undertakes to indemnify CERN against all claims asserted by third-parties against CERN due to an actual or alleged infringement of rights resulting from the use of the Results, as well as against all litigation costs (including reasonable attorney fees) required to defend CERN against such claims, unless CERN itself is responsible for the infringement of rights by its gross negligence or willful misconduct.
8. LITIGATION AND LIABILITY
CERN is fully entitled to shorten, extend, modify or cancel CESP should circumstances so require without any liability or compensation being due therefore.
CERN is fully entitled to disqualify a Participant which does not abide by the Terms and Conditions or acts in any other way deemed inappropriate by CERN; such inappropriate behaviour could for example be the taking of drugs or other illegal substances during CESP, harmful and discriminating statements, hacking or manipulating or attempt to hack or manipulate the IT system or the data of CERN or other teams.
The Participant shall comply with all applicable laws and regulations, including all relevant CERN policies that apply to its access to and stay at CERN, as well as the use of CERN facilities and equipment (in particular the CERN Operational Circular no. 5 on the use of CERN computing facilities) and any instructions given by CERN personnel.
Participants are responsible for ensuring that their participation complies with any policies their institution or university may have regarding participation in contests of this type. If CERN has reason to believe that a Participant violated any of those policies, CERN reserves the right to prohibit the Participant from participating in CESP. CERN is not responsible for any disputes arising between a Participant and his/her academic institution.
9. DATA PROTECTION
CERN is committed to protecting and respecting privacy and personal data. Please read the CERN Data Protection Policy carefully to understand CERN’s views and practices regarding personal data and how it will be treated.
10. GOVERNING LAWS & JURISDICTION
The provisions of these Terms and Conditions shall be interpreted in accordance with their true meaning and effect. Without prejudice to CERN’s status as an Intergovernmental Organization, reference shall be made to Swiss substantive law where:
- A matter is not specifically covered by these Terms and Conditions; or
- A provision of these Terms and Conditions is ambiguous or unclear.
Such reference shall be made exclusively for the matter or provision(s) concerned, and shall in no event apply to the other provisions of these Terms and Conditions.
If any dispute under these Terms and Conditions fails to be settled amicably, the parties involved shall resort to an arbitration procedure before the International Labour Organization, established in Geneva, Switzerland. Within 30 days of written notification by a Party to the other Party of its intention to resort to arbitration, the first Party shall appoint an arbitrator. The second Party shall appoint an arbitrator within three months of the appointment of the first arbitrator. The two arbitrators shall, by joint agreement and within three months of the appointment of the second arbitrator, select a third arbitrator, who shall subsequently be appointed by the Parties to preside over the arbitration tribunal. The arbitral award shall be final and binding upon the Parties, who hereby expressly agree to renounce any form of appeal or revision. The costs, including all reasonable fees expended by the Parties to any arbitration hereunder, shall be borne by the unsuccessful Party or Parties. Notwithstanding reference of any dispute to arbitration, the Parties shall continue to perform their obligations under these Terms and Conditions.