One Billion Minds Agreement for Contributors
This AGREEMENT sets forth the terms for participating in an One Billion Minds Project. One Billion Minds is a powerful platform connecting innovators to Corporations, Non Profits and Individuals seeking to discover innovative solutions to challenging projects in Science, Business, Technology, Design and Social Innovation subject areas.
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Agreement and Waiver
I/We hereby acknowledge and agree that the following terms and conditions apply to all materials submitted by me/us and my/our affiliates [Discloser], representatives and agents to One Billion Minds Consulting Private Limited [OBM]. Accordingly, Discloser acknowledges and agrees with the following terms and conditions:
OBM considers a variety of business and technology plans and ideas as opportunities for collaboration or licensing and that OBM is not under any obligation to compensate Discloser and Discloser’s affiliates, agents or representatives for any idea or plan submitted, regardless of whether OBM pursues a similar or identical plan in the future.
OBM shall not have any obligation to maintain the confidentiality of any information contained in this submission. Any attempt to create any such obligation by including a confidentiality provision in the submission, writing or document provided by Discloser or Discloser’s affiliates, representatives and agents to OBM in connection with the submission shall be null and void, without effect, and any such confidentiality provision is hereby expressly disclaimed. Accordingly, there is no expectation of confidentiality with respect to any information contained in the submission or in any document or other material provided in connection with any submission.
OBM often seeks the advice of an appropriate internal or external expert in evaluating submissions and therefore cannot agree not to disclose information contained in a submission to third parties and/or employees within OBM. Accordingly, information and materials included in the submission may be disclosed to employees, consultants and other representatives of OBM as part of the evaluation process. Further, some of the persons to whom such information is disclosed may be developing products or technologies that relate to or are competitive with the products, services or technologies disclosed in your submission. OBM is under no legal obligation to treat such information as confidential and shall not be limited in its right to use any information contained in the submission for any purpose.
For submissions covered by an issued patent, DISCLOSER AGREES TO RELY WHOLLY ON SUCH PATENT RIGHTS AS DISCLOSER MAY HAVE, AS DEFINED BY THE CLAIMS OF AN ISSUED PATENT, UNDER THE PATENT LAWS OF THE COUNTRIES IN WHICH THEY ISSUED. For submissions covered by published pending applications, DISCLOSER AGREES TO RELY WHOLLY ON SUCH RIGHTS AS DISCLOSER MAY HAVE UNDER THE PATENT LAWS OF THE COUNTRIES IN WHICH THEY HAVE PUBLISHED. For submissions that have NOT been covered by an issued patent or a published pending patent application, ALL CLAIMS AGAINST OBM, ITS SUCCESSORS, ASSIGNEES, TRANSFEREES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS BASED ON OR ARISING OUT OF ANY PROPRIETARY RIGHTS IN THE SUBMISSION ARE EXPRESSLY DISCLAIMED, AND OBM HAS THE UNRESTRICTED RIGHT TO USE THEM (OR MATERIALS OR IDEAS SIMILAR TO THEM) IN ANY MEDIUM, NOW OR IN THE FUTURE, WITHOUT NOTICE, COMPENSATION OR OTHER OBLIGATION.
OBM has no obligation to report its interest or lack of interest in any submission or the reasons for any such lack of interest. OBM has no obligation to disclose any information concerning its activities in the area of any submission. Discloser understands that any information received from Discloser by OBM will be presumed to be within the scope of this Submission and Confidentiality Waiver Agreement. The undersigned has the proper authority to enter into this Submission and Confidentiality Waiver Agreement with respect to the submissions covered hereby and is legally free to distribute such submissions to OBM on a non confidential basis, as described above.
This Submission and Confidentiality Waiver Agreement supersedes any agreement between Discloser and OBM, whether written or oral, prior to the date of this Agreement with respect to this submission or any other submission by them to OBM. Any modification, amendment or waiver of the terms hereof must be in writing signed by an authorised representative of OBM. Accordingly, unless and until a written agreement is signed by OBM expressly recognizing and agreeing to the confidentiality of materials covered by such agreement, any and all materials submitted to OBM with respect to this submission prior to such agreement shall be treated as non confidential and be subject to this Submission and Confidentiality Waiver Agreement.
This Submission and Confidentiality Waiver Agreement and any dispute arising hereunder (whether for breach of contract, tortuous conduct or otherwise) will be governed by the laws of the Republic of India, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of this Submission and Confidentiality Waiver Agreement (whether for breach of contract, tortuous conduct or otherwise) will be brought exclusively in the courts of India, and accept and submit to the personal jurisdiction of these Indian courts with respect to any legal actions, suits or proceedings arising out of this Submission and Confidentiality Waiver Agreement. To the fullest extent permitted by law, any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, this Submission and Confidentiality Waiver Agreement is hereby waived.
I UNDERSTAND THE POLICY STATEMENTS SET FORTH ABOVE AND ACCEPT THE CONDITIONS OF THIS SUBMISSION AND THE CONFIDENTIALITY WAIVER VOLUNTARILY, INCLUDING THAT ANY SUBMISSION IS GRATUITOUS AND THAT I AM DISCLOSING THE SUBMISSION ON A NONCONFIDENTIAL BASIS AND AGREE THAT THERE IS NO CONFIDENTIAL RELATIONSHIP WHATEVER ESTABLISHED IN CONNECTION WITH MY SUBMISSION OR OBM’S EVALUATION OF THE SUBMISSION, AND THAT IT ENTAILS NO OBLIGATION ON THE PART OF THE COMPANY TO ADOPT THE IDEA, OR TO REFRAIN FROM USING IT OR TO COMPENSATE DISCLOSER FOR THE USE OF THE IDEA.