Terms and Conditions
Information on the registration and participation to the CERN2Market Hackathon are laid out in the present terms and conditions ("Terms and Conditions"). By participating in the Hackathon (as defined below), you accept to be bound by these Terms and Conditions.
The Hackathon is organized by the The particle physics department (DPNC) of the University of Geneva (UNIGE) located at 24, quai Ernest-Ansermet, 1211 Geneva; and the Port Association, a Swiss non-profit organization located at 1 Rue Fendt, 1201 Geneva, and Impact Hub Geneva, a Swiss company located at Rue Fendt 1, 1201 Geneva (hereinafter referred to as the “Co-organizers”).
The Co-organizers retain the right to change, supplement, add provisions or remove provisions from these Terms and Conditions.
The following terms will have the following meaning in these Terms and Conditions:
"Hackathon" is a combination of the words "hack" and "marathon", where "hack" is used in the sense of exploratory programming. Hackathon refers to the event during which Participants (as defined below) will have to brainstorm on ways to use CERN technologies in innovative products and services.
"Participant(s)" means any individual that is registered to participate to the Hackathon.
"Co-organizers" means the companies/organizations that will contribute to the Hackathons by providing for instance mentoring services or products to the Participants.
By participating in the Hackathon, you represent and warrant that you 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 you are the owner of such rights or have permission from their rightful owner to present or use the content and to grant CERN and/or its Co-organizers the necessary rights thereto as mentioned below.
We recommend 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).
The Participants will be able to make use of the technologies of CERN (the “CERN Technologies”) and hereby agree that the intellectual property rights and all other rights related to the CERN Technologies, in whatever form, are vested in CERN. CERN herewith grants to the Participant a non-exclusive, non-transferable, non-sub-licensable, royalty free, licence to use and copy the CERN Technologies exclusively in the course of its participation to the Hackathon.
Works created during the Hackathon remain the intellectual property of the Participants that develop them, including but not limited to works that integrate data, technologies (including CERN Technologies) and/or materials provided by the Organizer and/or the Co-organizers (“Results”). For the avoidance of doubt, any data, technology (including CERN Technologies) or material provided by the Organizer and/or the Co-organizers during the Hackathon shall remain the sole property of the Organizer and/or the Co-organizers and the Participants shall not have any rights in such data, technology (including CERN Technologies) or material. The Participants are only entitled to use such data, technology or material for the purposes of the Hackathon and shall not use it afterwards, unless they have concluded a separate license agreement with CERN and/or the Co-organizers; this also applies in cases where the Participants have integrated the data, technology or material in their Rresults.
The Participant hereby grants the Organizer an irrevocable, non-exclusive, royalty-free license to use the Results for its internal, non-commercial purposes. The Participants expressly authorize the Organizer and/or the Co-organizers, to publish, to communicate, to expose and to disclose, divulge 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 this Hackathon.
The Results shall, in no event, infringe in any manner or induce infringement of any third party intellectual property rights. Should the right from identified third party right owner not be commercially available, the Result may not qualify to win one of the prices. The Participant undertakes to indemnify the Organizer and/or the Co-organizers against all claims asserted by third-parties against the Organizer 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 the Organizer against such claims, unless the Organizer itself is responsible for the infringement of rights by its gross negligence or wilful misconduct.
Participants, who are employees of a corporation, government agency, or an academic institution, are responsible for ensuring that their participation complies with any policies their corporation, agency, or institution may have regarding participation in contests of this type. If the Organizer has reason to believe that a Participant violated any of those policies, the Organizer reserves the right to prohibit the Participant from participating in the Hackathon. The Organizer is not responsible for any disputes arising between a Participant and his/her employer.
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.
